SENATE BILL NO. 1190


   June 4, 1998, Introduced by Senator BULLARD and referred to the
        Committee on Families, Mental Health and Human Services.



        A bill to amend 1990 PA 250, entitled

   "DNA identification profiling system act,"

   by amending the title and section 3 (MCL 28.173), as amended by

   1996 PA 508.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1                                  TITLE

 2         An act to provide for a DNA identification profiling system;

 3    to provide for the collection of samples from certain prisoners,

 4    convicted offenders, and juvenile offenders and the analysis of

 5    those samples; and to prescribe the powers and duties of certain

 6    state departments AND COUNTY AGENCIES.

 7         Sec. 3.  The department shall promulgate rules under the

 8    administrative procedures act of 1969,  Act No. 306 of the
             Public

 9     Acts of 1969, being sections 24.201 to 24.328 of the
                       Michigan

10     Compiled Laws  1969 PA 306, MCL 24.201 TO 24.328,
                       to implement


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 1    this act, including, but not limited to, rules governing all of

 2    the following:

 3         (a) The method of collecting samples in a medically approved

 4    manner by qualified persons and the types and number of samples

 5    to be collected by the following:

 6         (i) The department of corrections from certain prisoners

 7    under section 33d of  Act No. 232 of the Public Acts of
             1953,

 8     being section 791.233d of the Michigan Compiled Laws
                        1953

 9    PA 232, MCL 791.233D.

10         (ii) Law enforcement agencies from certain convicted
             offend-

11    ers under section 520m of the Michigan penal code,  Act No.
             328

12     of the Public Acts of 1931, being section 750.520m of the

13     Michigan Compiled Laws  1931 PA 328, MCL 750.520M,
                       or certain

14    juveniles under section 18k of chapter XIIA of  Act No. 288
             of

15     the Public Acts of 1939, being section 712A.18k of the
                       Michigan

16     Compiled Laws  1939 PA 288, MCL 712A.18K.

17         (iii) The family independence agency OR A COUNTY
             JUVENILE

18    AGENCY, AS APPLICABLE, from certain juveniles under section 7a of

19    the youth rehabilitation services act,  Act No. 150 of the
             Public

20     Acts of 1974, being section 803.307a of the Michigan
                       Compiled

21     Laws  1974 PA 150, MCL 803.307A, or section 5a of
                       the juvenile

22    facilities act,  Act No. 73 of the Public Acts of 1988,
             being

23     section 803.225a of the Michigan Compiled Laws 
                       1988 PA 73,

24    MCL 803.225A.  AS USED IN THIS SUBPARAGRAPH, "COUNTY JUVENILE

25    AGENCY" MEANS THAT TERM AS DEFINED IN SECTION 2 OF THE COUNTY

26    JUVENILE AGENCY ACT.





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 1         (b) Distributing blood specimen vials, mailing tubes, and

 2    labels and instructions for collecting samples.

 3         (c) Storing and transmitting to the department the samples

 4    described in subdivision (a).

 5         (d) The DNA identification or genetic marker profiling of

 6    samples described in subdivision (a).

 7         (e) The development, in cooperation with the federal bureau

 8    of investigation and other appropriate persons, of a system of

 9    filing, cataloging, retrieving, and comparing DNA identification

10    profiles and computerizing this system.

11         (f) Protecting the privacy interests of individuals whose

12    samples are analyzed under this act.

13         Enacting section 1.  This amendatory act does not take

14    effect unless all of the following bills of the 89th Legislature

15    are enacted into law:

16         (a) Senate Bill No. 1183.

17     

18         (b) Senate Bill No. 1184.

19     

20         (c) Senate Bill No. 1185.

21     

22         (d) Senate Bill No. 1186.

23     

24         (e) Senate Bill No. 1187.

25     

26         (f) Senate Bill No. 1196.

27     



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 1         (g) Senate Bill No. 1197.

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