October 17, 2012, Introduced by Senators JONES and SCHUITMAKER and referred to the Committee on Judiciary.
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.
(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.
(c) The person is convicted of 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.
(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.
(iii) A violation of section 335a, indecent exposure.
(iv) A violation of section 451, first and second prostitution
violations.
(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 required under
subsection (6).
(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 obtained from a sample of a person under subsection (1)
shall forward the DNA identification profile to the department of
state police at or before the time of the person's arrest,
sentencing, or disposition upon that conviction or finding of
responsibility 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.
(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.
(7) An assessment required under subsection (6) shall be
ordered upon the record, and shall be listed separately in the
adjudication order, judgment of sentence, or order of probation.
(8) After reviewing a verified petition by a person against
whom an assessment is imposed under subsection (6), the court may
suspend payment of all or part of the assessment if it determines
the person is unable to pay the assessment.
(9) The court that imposes the assessment prescribed under
subsection (6) 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% Sixty-five
percent 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.
(c)
Beginning October 1, 2003, 65% 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 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.
(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.