DNA PROFILING H.B. 6062 (H-1): FLOOR ANALYSIS
House Bill 6062 (Substitute H-1 as reported without amendment) Sponsor: Representative Beverly Bodem
House Committee: Judiciary and Civil Rights Senate Committee: Judiciary
The bill would amend the Youth Rehabilitation Services Act to provide that a State ward under the jurisdiction of the Family Independence Agency (FIA) for first-, second-, third-, or fourth-degree criminal sexual conduct (CSC), assault with intent to commit CSC, an attempt to commit a CSC offense, first- or second-degree murder, attempted murder, kidnapping, or attempted kidnapping could not be placed in a community placement of any kind or discharged from wardship until he or she had provided samples for chemical testing for DNA identification profiling or a determination of the sample’s genetic markers and had provided samples for a determination of his or her secretor status. (“Sample” would refer to a portion of a person’s blood, saliva, or tissue collected from the person.)
The FIA would have to collect the samples and transmit them to the Department of State Police in the manner prescribed by rules promulgated under the DNA Identification Profiling System Act. The FIA could collect a sample regardless of whether the State ward consented to the collection. The FIA would not be required to give the ward an opportunity for a hearing or obtain a court order before collecting the sample.
The bill would take effect on January 1, 1997, and is tie-barred to House Bills 5783, 5912, and 6061.
Proposed MCL 803.307a Legislative Analyst: P. Affholter
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 bill 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
floor\hb6062
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.