DNA PROFILING                                                                   H.B. 5912 (H-2): FLOOR ANALYSIS

House Bill 5912 (Substitute H-2 as reported) Sponsor: Representative Gerald Law

House Committee: Judiciary and Civil Rights Senate Committee: Judiciary

CONTENT

The bill would amend the DNA Identification Profiling System Act to expand the violations for which the Department of State Police must permanently retain a DNA identification profile. Currently, the offenses include first-, second-, third-, or fourth-degree criminal sexual conduct (CSC), assault with intent to commit CSC, or an attempt to commit one of those offenses. Under the bill, the offenses also would include first- or second-degree murder, attempted murder, kidnapping, or attempted kidnapping.

Currently, the Department is required to promulgate rules to implement the Act, including rules governing the method of collecting samples and the types and number of samples to be collected by the Department of Corrections from certain prisoners and law enforcement agencies from certain convicted offenders. The bill also would refer to the collection of samples from certain juveniles by law enforcement agencies and the Family Independence Agency (FIA).

In addition, the bill would repeal a section of the Act that requires the Governor to appoint a DNA advisory committee (MCL 28.175).

The bill would take effect on January 1, 1997, and is tie-barred to House Bills 5913 and 5914. MCL 28.172 et al.                                                                                                 Legislative Analyst: P. Affholter

FISCAL IMPACT

Department of State Police: The bills would have a minimal fiscal impact on the Department of State Police. Under current law, the Department performs database DNA profiling of adult persons convicted of CSC offenses. Expanding the profiling program to include juveniles convicted of CSC offenses and all persons convicted of murder or kidnapping would increase the number of DNA profiles administered by the Department from 4,000 to approximately 5,100 per year. The Department has determined that these additional profiling requirements could be met with existing resources within its DNA unit. Since the Department is also responsible for the purchase and distribution of DNA collection kits, the bills would result in added supply costs of $4,000.

Family Independence Agency: The bills would have no fiscal impact on the FIA.

Date Completed: 12-6-96                                                                          Fiscal Analyst: B. Baker

C. Cole

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This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.