Bill Text: MI SB0429 | 2009-2010 | 95th Legislature | Introduced

---

Bill Title: Criminal procedure; evidence; requirement for DNA testing upon arrest for certain crimes; eliminate. Amends sec. 520m of 1931 PA 328 (MCL 750.520m).

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Introduced - Dead) 2009-04-02 - Referred To Committee On Judiciary [SB0429 Detail]

Download: Michigan-2009-SB0429-Introduced.html

---

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 429

 

 

April 2, 2009, Introduced by Senators CLARKE and HUNTER and referred to the Committee on Judiciary.

 

 

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending section 520m (MCL 750.520m), as amended by 2008 PA 380.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 520m. (1) A person shall provide samples for chemical

 

testing for DNA identification profiling or a determination of the

 

sample's genetic markers and shall provide samples for chemical

 

testing if any of the following apply:

 

     (a) The individual is arrested for a violent felony as that

 

term is defined in section 36 of the corrections code of 1953, 1953

 

PA 232, MCL 791.236.

 

     (a) (b) The person is found responsible for a violation of

 

section 83, 91, 316, 317, or 321, a violation or attempted

 

violation of section 349, 520b, 520c, 520d, 520e, or 520g, or a

 

violation of section 167(1)(c) or (f) or 335a, or a local ordinance

 

substantially corresponding to section 167(1)(c) or (f) or 335a.

 

     (b) (c) The person is convicted of a felony or attempted

 

felony, or any of the following misdemeanors, or local ordinances

 

that are substantially corresponding to the following misdemeanors:

 

     (i) A violation of section 145a, enticing a child for immoral

 

purposes.

 

     (ii) A violation of section 167(1)(c), (f), or (i), disorderly

 

person by window peeping, engaging in indecent or obscene conduct

 

in public, or loitering in a house of ill fame or prostitution.

 

     (iii) A violation of section 335a, indecent exposure.

 

     (iv) A violation of section 451, first and second prostitution

 

violations.

 

     (v) A violation of section 454, leasing a house for purposes

 

of prostitution.

 

     (vi) A violation of section 462, female under the age of 17 in

 

a house of prostitution.

 

     (2) Notwithstanding subsection (1), if at the time the person

 

is arrested for, convicted of , or found responsible for the

 

violation the investigating law enforcement agency or the

 

department of state police already has a sample from the person

 

that meets the requirements of the DNA identification profiling

 

system act, 1990 PA 250, MCL 28.171 to 28.176, the person is not

 

required to provide another sample or pay the fee required under

 

subsection (6).

 

     (3) The county sheriff or the investigating law enforcement

 

agency shall collect and transmit the samples in the manner

 

required under the DNA identification profiling system act, 1990 PA

 

250, MCL 28.171 to 28.176. However, a sample taken under subsection

 

(1)(a) may be transmitted to the department of state police upon

 

collection.

 

     (4) An investigating law enforcement agency, prosecuting

 

agency, or court that has in its possession a DNA identification

 

profile obtained from a sample of a person under subsection (1)

 

shall forward the DNA identification profile to the department of

 

state police at or before the time of the person's sentencing or

 

disposition upon that conviction or finding of responsibility

 

unless the department of state police already has a DNA

 

identification profile of the person.

 

     (5) The DNA profiles of DNA samples received under this

 

section shall only be disclosed as follows:

 

     (a) To a criminal justice agency for law enforcement

 

identification purposes.

 

     (b) In a judicial proceeding as authorized or required by a

 

court.

 

     (c) To a defendant in a criminal case if the DNA profile is

 

used in conjunction with a charge against the defendant.

 

     (d) For an academic, research, statistical analysis, or

 

protocol developmental purpose only if personal identifications are

 

removed.

 

     (6) Until October 1, 2003, the court shall order each person

 

found responsible for or convicted of 1 or more crimes listed in

 

subsection (1) to pay an assessment of $60.00. The assessment

 

required under this subsection is in addition to any fine, costs,

 

or other assessments imposed by the court.

 

     (7) An assessment required under subsection (6) shall be

 

ordered upon the record, and shall be listed separately in the

 

adjudication order, judgment of sentence, or order of probation.

 

     (8) After reviewing a verified petition by a person against

 

whom an assessment is imposed under subsection (6), the court may

 

suspend payment of all or part of the assessment if it determines

 

the person is unable to pay the assessment.

 

     (9) The court that imposes the assessment prescribed under

 

subsection (6) may retain 10% of all assessments or portions of

 

assessments collected for costs incurred under this section and

 

shall transmit that money to its funding unit. On the last day of

 

each month, the clerk of the court shall transmit the assessments

 

or portions of assessments collected under this section as follows:

 

     (a) Twenty-five percent to the county sheriff or other

 

investigating law enforcement agency that collected the DNA sample

 

as designated by the court to defray the costs of collecting DNA

 

samples.

 

     (b) Until October 1, 2003, 65% to the department of treasury

 

for the department of state police forensic science division to

 

defray the costs associated with the requirements of DNA profiling

 

and DNA retention prescribed under the DNA identification profiling

 

system act, 1990 PA 250, MCL 28.171 to 28.176.

 

     (c) Beginning October 1, 2003, 65% to the state treasurer for

 

deposit in the justice system fund created in section 181 of the

 

revised judicature act of 1961, 1961 PA 236, MCL 600.181.

 

     (10) Beginning December 31, 2002, the director of the

 

department of state police shall report by December 31 of each year

 

concerning the rate of DNA sample collection, DNA identification

 

profiling, retention and compilation of DNA identification

 

profiles, and the collection of assessments required under

 

subsection (6) to all of the following:

 

     (a) The standing committees of the senate and house of

 

representatives concerned with DNA sample collection and retention.

 

     (b) The house of representatives appropriations subcommittee

 

on state police and military affairs.

 

     (c) The senate appropriations subcommittee on state police.

 

     (11) As used in this section:

 

     (a) "DNA identification profile" and "DNA identification

 

profiling" mean those terms as defined in section 2 of the DNA

 

identification profiling system act, 1990 PA 250, MCL 28.172.

 

     (b) "Investigating law enforcement agency" means the law

 

enforcement agency responsible for the investigation of the offense

 

for which the person is convicted. Investigating law enforcement

 

agency includes the county sheriff but does not include a probation

 

officer employed by the department of corrections.

 

     (c) "Felony" means a violation of a penal law of this state

 

for which the offender may be punished by imprisonment for more

 

than 1 year or an offense expressly designated by law to be a

 

felony.

 

     (d) "Sample" means a portion of a person's blood, saliva, or

 

tissue collected from the person.