December 6, 2017, Introduced by Rep. Lucido and referred to the Committee on Law and Justice.
A bill to amend 1990 PA 250, entitled
"DNA identification profiling system act,"
by amending section 6 (MCL 28.176), as amended by 2014 PA 457.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 6. (1) Except as otherwise provided in this section, the
department shall permanently retain a DNA identification profile of
an individual obtained from a sample in the manner prescribed by
the department under this act if any of the following apply:
(a) The individual is arrested for committing or attempting to
commit a felony offense or an offense that would be a felony
offense if committed by an adult.
(b) The individual is convicted of or found responsible for a
felony or attempted felony, or any of the following misdemeanors,
or local ordinances that are substantially corresponding to the
(i) A violation of section 167(1)(c), (f), or (i) of the
Michigan penal code, 1931 PA 328, MCL 750.167, disorderly person by
window peeping, engaging in indecent or obscene conduct in public,
or loitering in a house of ill fame or prostitution.
(ii) A violation of section 335a(1) of the Michigan penal
code, 1931 PA 328, MCL 750.335a, indecent exposure.
(iii) A violation punishable under section 451(1) or (2) of
the Michigan penal code, 1931 PA 328, MCL 750.451, first and second
(iv) A violation of section 454 of the Michigan penal code,
1931 PA 328, MCL 750.454, leasing a house for purposes of
(2) The DNA identification profiles of DNA samples received
shall must only be disclosed as follows:
(a) To a criminal justice agency for law enforcement
(b) In a judicial proceeding as authorized or required by a
(c) To a defendant in a criminal case if the DNA
identification profile is used in conjunction with a charge against
(d) For an academic, research, statistical analysis, or
protocol developmental purpose only if personal identifications are
(3) Notwithstanding subsection (1), if at the time the
individual is arrested, convicted of, or found responsible for the
violation the investigating law enforcement agency or the
department already has a sample from the individual that meets the
requirements of this act, the individual is not required to provide
another sample or pay the assessment required under subsection (5).
(4) The county sheriff or the investigating law enforcement
agency as ordered by the court shall provide for collecting the
samples required to be provided under subsection (1) in a medically
approved manner by qualified persons using supplies provided by the
department and shall forward those samples and any samples
described in subsection (1) that were already in the agency's
possession to the department after the individual from whom the
sample was taken has been arraigned in the district court. However,
individual's DNA sample
not be forwarded to the
department if the individual is not charged with committing or
attempting to commit a felony offense or an offense that would be a
felony if committed by an adult. If the individual's DNA sample is
forwarded to the department despite the individual not having been
charged as described in this subsection, the law enforcement agency
shall notify the department to destroy that sample. The collecting
forwarding of samples
be done in the manner required
this act. A sample
be collected by the county
sheriff or the investigating law enforcement agency after arrest
but before sentencing or disposition as ordered by the court and
transmitted to the department
of state police after the
individual is charged with committing or attempting to commit a
felony offense or an offense that would be a felony if committed by
an adult. This subsection does not preclude a law enforcement
agency or state agency from obtaining a sample at or after
sentencing or disposition. At the time a DNA sample is taken from
individual under this section, the individual
shall must be
notified in writing of all of the following:
(a) That, except as otherwise provided by law, the
individual's DNA sample or DNA identification profile, or both,
must be destroyed or expunged, as appropriate, if the
for which the sample was obtained has been dismissed or resulted in
acquittal, or no charge was filed within the limitations period.
(b) That the individual's DNA sample or DNA identification
profile, or both, will not be destroyed or expunged, as
appropriate, if the department determines that the individual from
whom the sample is taken is otherwise obligated to submit a sample
or if it is evidence relating to another individual that would
otherwise be retained under this section.
(c) That the burden is on the arresting law enforcement agency
and the prosecution to request the destruction or expunction of a
DNA sample or DNA identification profile as required under this
section, not on the individual.
(5) The court shall order each individual 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.
An assessment required under subsection (5)
shall must be
upon on the record and shall must be
listed separately in
the adjudication order, judgment of sentence, or order of
(7) After reviewing a verified petition by an individual
against whom an assessment is imposed under subsection (5), the
court may suspend payment of all or part of the assessment if it
determines the individual is unable to pay the assessment.
(8) The court that imposes the assessment prescribed under
subsection (5) 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
(b) Sixty-five percent 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.
(9) The director of the department 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 (5) 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.
(10) If a sample was collected under subsection (1) from an
individual who does not have more than 1 conviction, and that
conviction was reversed by an appellate court, the sentencing court
shall order the disposal of the sample collected and DNA
identification profile record for that conviction in the manner
provided in subsections (13) and (14).
(11) Any other DNA identification profile obtained by the
shall must not be permanently retained by the department
shall must be retained only as long as it is needed for a
criminal investigation or criminal prosecution. Except as provided
in subsection (12), the state police forensic laboratory shall
dispose of a DNA sample collected under subsection (1) or a DNA
identification profile, or both, if any of the following
(a) The department receives a written request for disposal
from the investigating police agency or prosecutor indicating that
the sample or profile is no longer necessary for a criminal
investigation or criminal prosecution.
(b) The department receives a written request for disposal and
a certified copy of a final court order establishing that the
charge for which the sample was obtained has been dismissed or has
resulted in an acquittal or that no charge was filed within the
applicable limitations period.
(c) The department receives a certified copy of a court order
entered under section 26a of chapter IV of the code of criminal
procedure, 1927 PA 175, MCL 764.26a.
(12) Subsection (11) does not apply if either of the following
(a) The department determines that the individual from whom
the sample is taken has otherwise become obligated to submit a
(b) Subsection (16) applies.
(13) The state police forensic laboratory shall dispose of a
sample and a DNA identification profile record in the following
(a) Not more than 60 days after the department receives notice
under subsection (11), the laboratory shall dispose of the sample
in compliance with section 13811 of the public health code, 1978 PA
368, MCL 333.13811.
(b) The laboratory shall dispose of the sample and the DNA
identification profile record in the presence of a witness.
(14) After disposal in accordance with subsection (13), the
laboratory shall make and keep a written record of the disposal,
signed by the individual who witnessed the disposal.
(15) An identification, warrant, detention, probable cause to
arrest, arrest, or conviction based upon a DNA match or DNA
information is not invalidated if it is later determined that 1 or
more of the following errors occurred in good faith:
(a) A DNA sample was erroneously obtained.
(b) A DNA identification profile was erroneously retained.
(c) A DNA sample was not disposed of or there was a delay in
disposing of the sample.
(d) A DNA identification profile was not disposed of or there
was a delay in disposing of the profile.
(16) Notwithstanding any other provision of this act, the
department is not required to dispose of physical evidence or data
obtained from a sample if evidence relating to an individual other
than the individual from whom the sample was taken would be
destroyed and the evidence or data relating to the other individual
would otherwise be retained under this section.
(17) The department shall send written notice to the
requesting law enforcement agency, court, or prosecutor when the
individual's DNA sample or DNA identification profile has been
destroyed under this act.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 99th Legislature are
enacted into law:
(a) House Bill No. 4536.
(b) House Bill No. 4537.
(c) House Bill No. 4538.