HOUSE BILL NO. 6244
A bill to amend 2014 PA 227, entitled
"Sexual assault kit evidence submission act,"
by amending the title and sections 3 and 4 (MCL 752.933 and 752.934).
the people of the state of michigan enact:
An act to create the sexual assault kit evidence submission act; to provide for the collection of sexual assault kit evidence; to prescribe the powers and duties of certain state and local government departments and agencies; to establish certain procedures regarding the collection, handling, and disposition of sexual assault kit evidence; to establish certain permissible uses of sexual assault kit evidence; to prohibit certain uses of sexual assault kit evidence; and to prohibit the exclusion of sexual assault kit evidence under certain circumstances.
Sec. 3. (1) A health care facility that has obtained written consent to release sexual assault kit evidence shall notify the investigating law enforcement agency, if known, or the law enforcement agency having jurisdiction in that portion of the local unit of government in which the medical facility is located of that fact within not more than 24 hours after obtaining that consent. The written consent document required under this subsection must inform the individual from whom the sexual assault kit evidence was obtained that his or her genetic information will not be utilized in any manner prohibited under section 4.
(2) A health care facility that has not obtained written consent to release any sexual assault kit evidence shall inform the individual from whom sexual assault kit evidence was obtained of its sexual assault kit evidence storage policy. The information provided under this subsection shall must include a statement of the period for which that evidence will be stored before it is destroyed and how the individual can have the evidence released to the investigating law enforcement agency at a later date. Any sexual assault kit evidence that is not released to a law enforcement agency under this section shall must be stored for a minimum of not less than 1 year before it is destroyed.
Sec. 4. (1) A law enforcement agency that receives notice under section 3 that sexual assault kit evidence has been released to that law enforcement agency shall take possession of the sexual assault kit evidence from the health care facility within not more than 14 days after receiving that notice.
(2) If a law enforcement agency described in subsection (1) determines that the alleged sexual assault occurred within the jurisdiction of another law enforcement agency and that it does not otherwise have jurisdiction over that assault, that law enforcement agency shall notify the other law enforcement agency of that fact within not more than 14 days after receiving the kit from the health care facility that collected the sexual assault kit evidence.
(3) A law enforcement agency that receives notice under subsection (2) shall take possession of the sexual assault kit evidence from the other law enforcement agency within not more than 14 days after receiving that notice.
(4) The investigating law enforcement agency that takes possession of any sexual assault kit evidence shall assign a criminal complaint number to that evidence in the manner required by that agency and shall submit that evidence to the department or another accredited laboratory for analysis within not more than 14 days after that law enforcement agency takes possession of that evidence under this section. Sexual assault kit evidence that was received by a law enforcement agency within not more than 30 days before the effective date of this act shall March 31, 2015, must also be submitted to the department or other accredited laboratory as provided in this section.
(5) Each submission of sexual assault kit evidence for analysis under this act shall must be accompanied by the criminal complaint number required under subsection (4).
(6) All sexual assault kit evidence submitted to the department or an accredited laboratory on or after the effective date of this act shall March 31, 2015, must be analyzed within not more than 90 days after all of the necessary evidence is received by the department or other accredited laboratory, provided that sufficient staffing and resources are available to do so.
(7) The Subject to subsection (8), the DNA profiles of all sexual assault kit evidence analyzed under this section on or after the effective date of this act shall March 31, 2015, must be uploaded only into those databases at the state and national levels specified by the department.
(8) The victim's DNA profile must not be retained by the law enforcement agency or uploaded to any databases.
(9) All of the following apply to the use of a victim's DNA profile:
(a) It may be analyzed and identified as the victim's DNA profile for the purpose of distinguishing a victim's DNA profile from the perpetrator's DNA profile.
(b) It may only be used to establish genetic familial relationships if the establishment of those genetic familial relationships is relevant to the investigation of the sexual assault at issue.
(c) It must not be used as evidence against the victim, or his or her genetic relative, in any manner in an unrelated criminal investigation or criminal prosecution. The prohibition under this subdivision, includes, but is not limited to, using a victim's DNA profile for purposes of identification of the victim, or his or her genetic relative, as a suspect in an unrelated criminal investigation or criminal prosecution.
(d) It must not be used to screen the victim for any genetic conditions or traits.
(10) The department or other accredited laboratory shall not conduct a subsequent analysis of sexual assault kit evidence that remains in the custody of the laboratory for the time period required by law for the purpose of obtaining the victim's genetic information for any other investigation.
(11) A law enforcement agency shall not request a subsequent analysis of sexual assault kit evidence that remains in the custody of the department or other accredited laboratory for the time period required by law for the purpose of obtaining the victim's genetic information for any other investigation.
(12) (8) The failure of a law enforcement agency to take possession of sexual assault kit evidence as provided in this act or to submit that evidence to the department or other accredited laboratory within the time prescribed under this act does not alter the authority of the law enforcement agency to take possession of that evidence or to submit that evidence to the department or other accredited laboratory under this act and does not alter the authority of the department or other accredited laboratory to accept and analyze the evidence or to upload the DNA profile of the perpetrator obtained from that evidence into state and national DNA databases under this act.
(13) (9) The failure to comply with the requirements of this act does is not constitute grounds in any criminal proceeding for challenging the validity of a database match or of any database information, and any evidence of that DNA record shall must not be excluded by a court on those grounds.
(14) (10) A person accused or convicted of committing a crime against the victim has no standing to object to any failure to comply with the requirements of this act, and the failure to comply with the requirements of this act is not grounds for setting aside the conviction or sentence.