SB-0106, As Passed House, December 18, 2014

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

SENATE BILL NO. 106

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1939 PA 288, entitled

 

"Probate code of 1939,"

 

by amending section 18k of chapter XIIA (MCL 712A.18k), as amended

 

by 2003 PA 77.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

CHAPTER XIIA

 

     Sec. 18k. (1) An individual 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 for a determination of his or her secretor status if any of

 

the following apply:

 

     (a) The individual is found responsible for a violation of

 

section 83, 91, 316, 317, or 321 of the Michigan penal code, 1931

 

PA 328, MCL 750.83, 750.91, 750.316, 750.317, and 750.321, or a

 

violation or attempted violation of section 349, 520b, 520c, 520d,

 

520e, or 520g of the Michigan penal code, 1931 PA 328, MCL 750.349,

 

750.520b, 750.520c, 750.520d, 750.520e, and 750.520g, or a

 

violation of section 167(1)(c) or (f) or 335a of the Michigan penal

 

code, 1931 PA 328, MCL 750.167 and 750.335a, or a local ordinance

 

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

 

the Michigan penal code, 1931 PA 328, MCL 750.167 and 750.335a.

 

     (a) The individual is arrested for committing or attempting to

 

commit an offense that would be a felony if committed by an adult.

 

     (b) The individual is convicted of, or found responsible for,

 

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 of the Michigan penal code,

 

1931 PA 328, MCL 750.145a, enticing a child for immoral purposes.

 

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

 

Michigan penal code, 1931 PA 328, MCL 750.167, disorderly person by

 

window peeping, engaging in indecent or obscene conduct in public,

 

or loitering in a house of ill fame or prostitution.

 

     (ii) (iii) A violation of section 335a 335a(1) of the Michigan

 

penal code, 1931 PA 328, MCL 750.335a, indecent exposure.

 

     (iii) (iv) A violation of punishable under section 451 451(1) or

 

(2) of the Michigan penal code, 1931 PA 328, MCL 750.451, first and

 

second prostitution violations.

 

     (v) A violation of section 454 of the Michigan penal code,

 

1931 PA 328, MCL 750.454, leasing a house for purposes of

 

prostitution.

 

     (vi) A violation of section 462 of the Michigan penal code,

 

1931 PA 328, MCL 750.462, female under the age of 17 in a house of

 

prostitution.

 

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

 

individual is convicted of or found responsible for the violation

 

arrested for the offense the investigating law enforcement agency

 

or the department of state police already has a sample from the

 

individual that meets the requirements of the DNA identification

 

profiling system act, 1990 PA 250, MCL 28.171 to 28.176, the

 

individual is not required to provide another sample or pay the fee

 

assessment required under subsection (4).

 

     (3) The samples required to be collected under this section

 

shall be collected by the investigating law enforcement agency and

 

transmitted by the investigating law enforcement agency to the

 

department of state police in the manner prescribed under the DNA

 

identification profiling system act, 1990 PA 250, MCL 28.171 to

 

28.176, when a petition is filed or the court issues a summons.

 

     (4) Until October 1, 2003, the The court shall order each

 

individual 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.

 

     (5) An assessment required under subsection (4) shall be

 

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

 

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

 

     (6) After reviewing a verified petition by an individual

 

against whom an assessment is imposed under subsection (4), the

 

court may suspend payment of all or part of the assessment if it

 

determines the individual is unable to pay the assessment.

 

     (7) The court that imposes the assessment prescribed under

 

subsection (4) 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.

 

     (b) (c) Beginning October 1, 2003, 65% Sixty-five percent 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.

 

     (8) 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 (4) 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.

 

     (8) (9) The family independence agency department of human

 

services or a county juvenile agency, investigating law enforcement

 

agency, prosecuting agency, or court that has in its possession a

 

DNA identification profile obtained from a sample of an individual

 

convicted of or found responsible arrested for an offense described

 

in subsection (1) shall forward the DNA identification profile to

 

the department of state police at or before the time the court

 

imposes sentence or enters an order of disposition upon that

 

conviction or finding of responsibility when a petition is filed or

 

the court issues a summons unless the department of state police

 

already has a DNA identification profile of the individual.

 

     (10) 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.

 

     (9) (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) "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.

 

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

 

enforcement agency responsible for the investigation of the offense

 

for which the individual is arrested, convicted, or found

 

responsible. Investigating law enforcement agency does not include

 

a probation officer employed by the department of corrections.

 

     (d) "Sample" means a portion of an individual's blood, saliva,

 

or tissue collected from the individual.

 

     Enacting section 1. This amendatory act takes effect July 1,

 

2015.

 

     Enacting section 2. This amendatory act does not take effect

 

unless all of the following bills of the 97th Legislature are

 

enacted into law:

 

     (a) Senate Bill No. 105.

 

     (b) Senate Bill No. 107.