Bill Text: MI SB0107 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Criminal procedure; DNA; collection of DNA samples at time of arrest for committing a felony or attempting to commit a felony offense; provide for in Michigan penal code. Amends sec. 520m of 1931 PA 328 (MCL 750.520m).
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2014-12-31 - Assigned Pa 0459'14 [SB0107 Detail]
Download: Michigan-2013-SB0107-Engrossed.html
SB-0107, As Passed House, December 18, 2014
SUBSTITUTE FOR
SENATE BILL NO. 107
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.committing or
attempting to commit a felony
offense or an offense that would be a felony if committed by an
adult.
(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, 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, enticing a child for
immoral
purposes.
(i) (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.
(ii) (iii) A
violation of section 335a, 335a(1),
indecent
exposure.
(iii) (iv) A
violation of punishable
under section 451, 451(1) or
(2), first and second prostitution violations.
(iv) (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 assessment
required
under subsection (6).(5).
(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
sample obtained from a sample of a person under
subsection
(1)
shall forward the DNA identification profile sample 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
after the person from whom
the sample was taken has
been charged with committing or attempting to commit a felony
offense or an offense that would be a felony if committed by an
adult 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.
(5) (6)
Until October 1, 2003, the 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.
(6) (7)
An assessment required under
subsection (6) (5) shall
be ordered upon the record, and shall be listed separately in the
adjudication order, judgment of sentence, or order of probation.
(7) (8)
After reviewing a verified petition
by a person
against
whom an assessment is imposed under subsection (6), (5),
the court may suspend payment of all or part of the assessment if
it determines the person is unable to pay the assessment.
(8) (9)
The court that imposes the
assessment prescribed under
subsection
(6) (5) 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.
(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.
(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) "Investigating law enforcement agency" means the law
enforcement agency responsible for the investigation of the offense
for which the person is arrested or 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.
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. 106.
