SENATE BILL No. 755

 

 

October 13, 2011, Introduced by Senator JONES and referred to the Committee on Judiciary.

 

 

 

     A bill to amend 1966 PA 189, entitled

 

"An act to provide procedures for making complaints for, obtaining,

executing and returning search warrants; and to repeal certain acts

and parts of acts,"

 

by amending section 2a (MCL 780.652a), as added by 1996 PA 186.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2a. (1) If the court has probable cause to believe that

 

an individual violated section 520b(1)(b)(ii) or (h)(i),

 

520c(1)(b)(ii) or (h)(i), or 520d(1)(d) , or 520e(1)(g) of the

 

Michigan penal code, Act No. 328 of the Public Acts of 1931, being

 

sections 750.520b, 750.520c, 750.520d, and 750.520e of the Michigan

 

Compiled Laws, 1931 PA 328, MCL 750.520b, 750.520c, and 750.520d,

 

the court shall, upon proper petition for a search warrant,

 

authorize the search and seizure of hair or tissue, or blood or

 


other fluid samples from all of the following:

 

     (a) Any individual whom the court has probable cause to

 

believe committed that violation.

 

     (b) If the court has probable cause to believe that the

 

violation resulted in the birth of a child, that child.

 

     (c) If the court has probable cause to believe that the

 

violation resulted in a pregnancy that was terminated before the

 

birth of a child, the remains of that unborn child.

 

     (2) This section does not prohibit the court from issuing a

 

search warrant for other evidence as considered appropriate by the

 

court.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No. 596 of the 96th Legislature is enacted into

 

law.