SENATE BILL NO. 595 May 11, 1999, Introduced by Senators GOUGEON, SCHWARZ, HAMMERSTROM, SHUGARS, GOSCHKA, JOHNSON, SIKKEMA and MC COTTER and referred to the Committee on Health Policy. A bill to amend 1956 PA 205, entitled "The paternity act," by amending sections 1, 6, and 6a (MCL 722.711, 722.716, and 722.716a), sections 1 and 6 as amended and section 6a as added by 1998 PA 113. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 1. As used in this act: 2 (a) "Child born out of wedlock" means a child begotten and 3 born to a woman who was not married from the conception to the 4 date of birth of the child, or a child that the court has deter- 5 mined to be a child born or conceived during a marriage but not 6 the issue of that marriage. 7 (b) "Child" means a child born out of wedlock. 8 (c) "Mother" means the mother of a child born out of 9 wedlock. 02941'99 CPD 2 1 (d) "Court" means the circuit court. 2 (E) "DNA IDENTIFICATION PROFILE" MEANS THE RESULTS OF THE 3 DNA IDENTIFICATION PROFILING OF A SAMPLE. 4 (F) "DNA IDENTIFICATION PROFILING" MEANS A VALIDATED SCIEN- 5 TIFIC METHOD OF ANALYZING COMPONENTS OF DEOXYRIBONUCLEIC ACID 6 MOLECULES IN A SAMPLE TO IDENTIFY THE PATTERN OF THE COMPONENTS' 7 CHEMICAL STRUCTURE THAT IS UNIQUE TO THE INDIVIDUAL. 8 (G)(e) "Testing"GENETIC TESTING material" meansany9substanceA SAMPLE or information used for or produced by gene- 10 tic paternity testing conducted under this act other than a 11 report submitted to a court for a paternity determination. 12 (H) "SAMPLE" MEANS A PORTION OF AN INDIVIDUAL'S BLOOD, 13 SALIVA, OR TISSUE COLLECTED FROM THE INDIVIDUAL. 14 Sec. 6. (1) In a proceeding under this act before trial, 15 the court, upon application made by or on behalf of either party, 16 or on its own motion, shall order that the mother, child, and 17 alleged father submit to blood or tissue typing determinations, 18 which may include, but are not limited to, determinations of red 19 cell antigens, red cell isoenzymes, human leukocyte antigens, 20 serum proteins, or DNAprofilesIDENTIFICATION PROFILING, to 21 determine whether the alleged father is likely to be, or is not, 22 the father of the child. If the court orders a blood or tissue 23 typing or DNAprofile determinationIDENTIFICATION PROFILING to 24 be conducted and a party refuses to submit to the typing or DNA 25profile determinationIDENTIFICATION PROFILING, in addition to 26 any other remedies available, the court may do either of the 27 following: 02941'99 3 1 (a) Enter a default judgment at the request of the 2 appropriate party. 3 (b) If a trial is held, allow the disclosure of the fact of 4 the refusal unless good cause is shown for not disclosing the 5 fact of refusal. 6 (2) A blood or tissue typing or DNAprofile determination7 IDENTIFICATION PROFILING shall be conducted by a person accredi- 8 ted for paternity determinations by a nationally recognized sci- 9 entific organization, including, but not limited to, the American 10 association of blood banks. 11 (3) The court shall fix the compensation of an expert at a 12 reasonable amount and may direct the compensation to be paid by 13 the county or by any other party to the case, or by both in the 14 proportions and at the times the court prescribes. Before blood 15 or tissue typing oraDNAprofile determination16 IDENTIFICATION PROFILING is conducted, the court may order a part 17 or all of the compensation paid in advance. If the family inde- 18 pendence agency paid for the genetic testing expenses, the court 19 may order repayment by the alleged father if the court declares 20 paternity. Documentation of the genetic testing expenses is 21 admissible as evidence of the amount, which evidence constitutes 22 prima facie evidence of the amount of those expenses without 23 third party foundation testimony. 24 (4)TheSUBJECT TO SUBSECTION (5), THE result of blood or 25 tissue typing or a DNA IDENTIFICATION profiledetermination26 and, if a determination of exclusion of paternity cannot be made, 27 a written report including, but not limited to, a calculation of 02941'99 4 1 the probability of paternity shall be filed with the court and 2 served on the mother and alleged father. Objection to the result 3 or report is waived unless made in writing, setting forth the 4 specific basis for the objection, within 14 calendar days after 5 service on the mother and alleged father. The court shall not 6 schedule a trial on the issue of paternity until after the expi- 7 ration of the 14-day period. If an objection is not filed, the 8 court shall admit in proceedings under this act the result of the 9 blood or tissue typing or the DNA IDENTIFICATION profile and the 10 written report without requiring foundation testimony or other 11 proof of authenticity or accuracy. If an objection is filed 12 within the 14-day period, on the motion of either party, the 13 court shall hold a hearing to determine the admissibility of the 14 result or written report. The objecting party has the burden of 15 proving by clear and convincing evidence by a qualified person 16 described in subsection (2) that foundation testimony or other 17 proof of authenticity or accuracy is necessary for admission of 18 the result or written report. 19 (5) IF A DNA IDENTIFICATION PROFILING IS CONDUCTED, THE 20 PERSON PREPARING THE WRITTEN REPORT REQUIRED UNDER SUBSECTION (4) 21 SHALL INCLUDE IN THE REPORT ONLY THE PROBABILITY OF PATERNITY AND 22 SHALL NOT INCLUDE ANY OTHER GENETIC INFORMATION IN THE DNA IDEN- 23 TIFICATION PROFILE. 24 (6)(5)If the probability of paternity determined by the 25 qualified person described in subsection (2) CONDUCTING THE BLOOD 26 OR TISSUE TYPING OR DNA IDENTIFICATION PROFILING is 99% or 27 higher, and the result and report are admissible as provided in 02941'99 5 1 subsection (4), paternityshall beIS presumed.If 2 or more2persons are determined to have a probability of paternity of 99%3or higher, paternity shall be presumed for the person with the4highest probability.IF THE RESULTS OF THE ANALYSIS OF GENETIC 5 TESTING MATERIAL FROM 2 OR MORE PERSONS INDICATE A PROBABILITY OF 6 PATERNITY GREATER THAN 99%, THE CONTRACTING LABORATORY SHALL CON- 7 DUCT ADDITIONAL GENETIC PATERNITY TESTING UNTIL ALL BUT 1 OF THE 8 PUTATIVE FATHERS IS ELIMINATED, UNLESS THE DISPUTE INVOLVES 2 OR 9 MORE PUTATIVE FATHERS WHO HAVE IDENTICAL DNA. 10 (7)(6)Upon the establishment of the presumption of 11 paternity as provided in subsection(5)(6), either party may 12 move for summary disposition under the court rules.Nothing in13this section abrogatesTHIS SECTION DOES NOT ABROGATE the right 14 of either party to child support from the date of birth of the 15 child if applicable under section 7. 16(7) As used in this section, "DNA profile" means the pat-17terns of fragments of deoxyribonucleic acid used both to identify18individuals and to study the relatedness of individuals.19 Sec. 6a. (1) Except as authorized under this act, a person 20 shall not disclose information obtained from genetic paternity 21 testing that is authorized under this act. 22 (2) If an alleged father who is tested as part of an action 23 under this act is found to be the child's father, the contracting 24 laboratory shall retain the genetic testing material of the 25 alleged father, mother, and child for no longer than the period 26 of years prescribed by the national standards under which the 27 laboratory is accredited. If a man is found not to be the 02941'99 6 1 child's father, the court shall order THE CONTRACTING LABORATORY 2 TO DESTROY the man's genetic testing materialto be destroyed3 afterits useIT IS USED in the paternity action,andIN COM- 4 PLIANCE WITH SECTION 13811 OF THE PUBLIC HEALTH CODE, 1978 PA 5 368, MCL 333.13811, AND IN THE PRESENCE OF A WITNESS. AFTER THE 6 MAN'S GENETIC TESTING MATERIAL IS DESTROYED, THE CONTRACTING LAB- 7 ORATORY SHALL MAKE AND KEEP A WRITTEN RECORD OF THE DESTRUCTION, 8 AND HAVE THE INDIVIDUAL WHO WITNESSED THE DESTRUCTION SIGN THE 9 RECORD. THE CONTRACTING LABORATORY SHALL ALSO EXPUNGE THE CON- 10 TRACTING LABORATORY'S RECORDS REGARDING THE GENETIC PATERNITY 11 TESTING PERFORMED ON THE GENETIC TESTING MATERIAL IN ACCORDANCE 12 WITH THE NATIONAL STANDARDS UNDER WHICH THE LABORATORY IS 13 ACCREDITED. THE COURT SHALL ALSO ORDER THE CONTRACTING LABORA- 14 TORY TO RETAIN the genetic testing material of the mother and 15 childto be retainedfor no longer than the period of years 16 prescribed by the national standards under which the laboratory 17 is accredited.AAFTER A contracting laboratoryshall18destroyDESTROYS an individual's GENETIC testing material as 19 provided in this subsection,andIT shall notify the adult 20 individual, or the parent or legal guardian of a minor individu- 21 al, by certified mail that the GENETIC testing material was 22 destroyed. 23 (3) A contracting laboratory, the family independence agency 24 or its designee, or another entity involved with the genetic 25 paternity testing are all required to protect the confidentiality 26 of GENETIC testing material, except as required for a paternity 27 determination under this act. The court, its officers, and the 02941'99 7 1 family independence agency shall not use or disclose GENETIC 2 testing material for a purpose other than the paternity determi- 3 nation as authorized by this act. 4 (4) A person shall not sell, transfer, or offer GENETIC 5 testing material obtained under this act except as authorized by 6 this act. 7 (5) THE FAMILY INDEPENDENCE AGENCY SHALL PROMULGATE RULES 8 PURSUANT TO THE ADMINISTRATIVE PROCEDURES ACT OF 1969, 1969 PA 9 306, MCL 24.201 TO 24.328, ESTABLISHING PROCEDURES FOR THE AUDIT- 10 ING OF CONTRACTING LABORATORIES' RECORDS OF BOTH THE DESTRUCTION 11 OF GENETIC TESTING MATERIAL AND THE EXPUNGEMENT OF RECORDS AS 12 REQUIRED UNDER THIS SECTION. 13 (6)(5)A violation of this section is a misdemeanor pun- 14 ishable by a fine of not more than $5,000.00. A second or subse- 15 quent violation of this section is a misdemeanor punishable by 16 imprisonment for not more than 1 year or a fine of not more than 17 $10,000.00, or both. 02941'99 Final page. CPD