June 12, 2018, Introduced by Reps. Lasinski, Sabo, Cochran, Chang, Guerra, Brinks, Geiss, Greig, Love, Green, Pagan, Yancey, Gay-Dagnogo, Wittenberg, Rabhi and Jones and referred to the Committee on Law and Justice.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending sections 13, 159g, 167, 411j, 448, 449, 449a, 452, 454,
455, 456, 457, 458, 459, 460, 462, and 520m (MCL 750.13, 750.159g,
750.167, 750.411j, 750.448, 750.449, 750.449a, 750.452, 750.454,
750.455, 750.456, 750.457, 750.458, 750.459, 750.460, 750.462, and
750.520m), section 13 as amended by 2015 PA 210, section 159g as
amended by 2014 PA 300, section 167 as amended by 2014 PA 199,
section 411j as amended by 2009 PA 82, section 448 as amended by
2002 PA 45, sections 449 and 462 as amended by 2002 PA 46, section
449a as amended by 2014 PA 326, sections 452, 455, 456, 457, 458,
and 460 as amended by 2014 PA 331, section 454 as amended by 2002
PA 672, section 459 as amended by 2016 PA 485, section 520m as
amended by 2014 PA 459, and by amending the heading of chapter
LXVII.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 13. A person who takes or entices away a minor under the
age of 16 years from the minor's father, mother, guardian, or other
person having the legal charge of the minor, without their consent,
for
the purpose of prostitution, engaging
the minor in a commercial
sex act, concubinage, sexual intercourse, or marriage is guilty of
a felony punishable by imprisonment for not more than 10 years.
Sec. 159g. As used in this chapter, "racketeering" means
committing, attempting to commit, conspiring to commit, or aiding
or abetting, soliciting, coercing, or intimidating a person to
commit an offense for financial gain, involving any of the
following:
(a) A felony violation of section 8 of the tobacco products
tax act, 1993 PA 327, MCL 205.428, concerning tobacco product
taxes, or section 9 of former 1947 PA 265, concerning cigarette
taxes.
(b) A violation of section 11151(3) of the natural resources
and environmental protection act, 1994 PA 451, MCL 324.11151, or
section 48(3) of former 1979 PA 64, concerning felonious disposal
of hazardous waste.
(c) A felony violation of part 74 of the public health code,
1978 PA 368, MCL 333.7401 to 333.7461, concerning controlled
substances.
(d) A felony violation of section 7340, 7340c, or 17766c of
the public health code, 1978 PA 368, MCL 333.7340, 333.7340c, and
333.17766c, concerning ephedrine or pseudoephedrine.
(e) A felony violation of section 60 of the social welfare
act, 1939 PA 280, MCL 400.60, concerning welfare fraud.
(f) A violation of section 4, 5, or 7 of the medicaid false
claim act, 1977 PA 72, MCL 400.604, 400.605, and 400.607,
concerning medicaid fraud.
(g) A felony violation of section 18 of the Michigan gaming
control and revenue act, 1996 IL 1, MCL 432.218, concerning the
business of gaming.
(h) A felony violation of section 909(4) of the Michigan
liquor control code of 1998, 1998 PA 58, MCL 436.1909, concerning
the illegal sale, delivery, or importation of spirits.
(i) A violation of section 508 of the uniform securities act
(2002), 2008 PA 551, MCL 451.2508, concerning fraud.
(j) A violation of section 5 or 7 of 1978 PA 33, MCL 722.675
and 722.677, concerning the display or dissemination of obscene
matter to minors.
(k) A violation of section 49, concerning animal fighting.
(l) A felony violation of section 72, 73, 74, 75, or 77,
concerning arson.
(m) A violation of section 93, 94, 95, or 96, concerning bank
bonds, bills, notes, and property.
(n) A violation of section 110 or 110a, concerning breaking
and entering or home invasion.
(o) A violation of section 117, 118, 119, 120, 121, or 124,
concerning bribery.
(p) A violation of section 120a, concerning jury tampering.
(q) A violation of section 145c, concerning child sexually
abusive activity or material.
(r) A violation of section 145d, concerning internet or
computer crimes.
(s) A felony violation of section 157n, 157p, 157q, 157r,
157s, 157t, or 157u, concerning credit cards or financial
transaction devices.
(t) A felony violation of section 174, 175, 176, 180, 181, or
182, concerning embezzlement.
(u) A felony violation of chapter XXXIII, concerning
explosives and bombs.
(v) A violation of section 213, concerning extortion.
(w) A felony violation of section 218, concerning false
pretenses.
(x) A felony violation of section 223(2), 224(1)(a), (b), or
(c), 224b, 224c, 224e(1), 226, 227, 234a, 234b, or 237a, concerning
firearms or dangerous weapons.
(y) A felony violation of chapter XLI, concerning forgery and
counterfeiting.
(z) A violation of section 271, 272, 273, or 274, concerning
securities fraud.
(aa) A violation of section 300a, concerning food stamps or
coupons or access devices.
(bb) A violation of section 301, 302, 303, 304, 305, 305a, or
313, concerning gambling.
(cc) A violation of section 316 or 317, concerning murder.
(dd) A violation of section 330, 331, or 332, concerning horse
racing.
(ee) A violation of section 349, 349a, or 350, concerning
kidnapping.
(ff) A felony violation of chapter LII, concerning larceny.
(gg) A violation of section 411k, concerning money laundering.
(hh) A violation of section 422, 423, 424, or 425, concerning
perjury or subornation of perjury.
(ii) A violation of section 452, 455, 457, 458, or 459,
concerning
prostitution.commercial
sex acts.
(jj) A violation of chapter LXVIIA, concerning human
trafficking.
(kk) A violation of section 529, 529a, 530, or 531, concerning
robbery.
(ll) A felony violation of section 535 or 535a, concerning
stolen, embezzled, or converted property.
(mm) A violation of chapter LXXXIII-A, concerning terrorism.
(nn) A violation of section 5 of 1984 PA 343, MCL 752.365,
concerning obscenity.
(oo) A felony violation of the identity theft protection act,
2004
PA 452, MCL 445.61 to 445.77.445.79d.
(pp) An offense committed within this state or another state
that constitutes racketeering activity as defined in 18 USC
1961(1).
(qq) An offense committed within this state or another state
in violation of a law of the United States that is substantially
similar to a violation listed in subdivisions (a) through (pp).
(rr) An offense committed in another state in violation of a
statute of that state that is substantially similar to a violation
listed in subdivisions (a) through (pp).
Sec. 167. (1) A person is a disorderly person if the person is
any of the following:
(a) A person of sufficient ability who refuses or neglects to
support his or her family.
(b)
A common prostitute.person
engaged in a commercial sex
act.
(c) A window peeper.
(d) A person who engages in an illegal occupation or business.
(e) A person who is intoxicated in a public place and who is
either endangering directly the safety of another person or of
property or is acting in a manner that causes a public disturbance.
(f) A person who is engaged in indecent or obscene conduct in
a public place.
(g) A vagrant.
(h) A person found begging in a public place.
(i) A person found loitering in a house of ill fame or
prostitution
house in which commercial sex
acts are committed or
place
where prostitution commercial
sex activity or lewdness is
practiced, encouraged, or allowed.
(j) A person who knowingly loiters in or about a place where
an illegal occupation or business is being conducted.
(k) A person who loiters in or about a police station, police
headquarters building, county jail, hospital, court building, or
other public building or place for the purpose of soliciting
employment of legal services or the services of sureties upon
criminal recognizances.
(l) A person who is found jostling or roughly crowding people
unnecessarily in a public place.
(2) If a person who has been convicted of refusing or
neglecting to support his or her family under this section is
charged with subsequent violations within a period of 2 years, that
person
shall must be prosecuted as a second offender or third and
subsequent offender as provided in section 168, if the family of
that person is then receiving public relief or support.
(3) A mother's breastfeeding of a child or expressing breast
milk does not constitute indecent or obscene conduct under
subsection (1) regardless of whether or not her areola or nipple is
visible during or incidental to the breastfeeding or expressing of
breast milk.
Sec. 411j. As used in this section and sections 411k to 411q:
(a) "Controlled substance offense" means a felony violation of
part 74 of the public health code, 1978 PA 368, MCL 333.7401 to
333.7461, concerning controlled substances.
(b) "Knowingly", in the case of a corporation, means with the
approval or prior actual knowledge of the board of directors, a
majority of the directors, or persons who together hold a majority
of the voting ownership interests in the corporation. In
determining whether a majority of the directors approved of or had
knowledge of the activity, a director who was not aware of the
activity due to his or her own negligence or other fault is
regarded as having had knowledge of the activity. This subdivision
does not limit the liability of any individual officer, employee,
director, or stockholder of a corporation.
(c) "Financial transaction" means a purchase, sale, loan,
pledge, gift, transfer, delivery, exchange, or other disposition of
a monetary instrument or other property and, with respect to a
financial institution, includes a deposit, withdrawal, transfer
between accounts, exchange of currency, loan, extension of credit,
purchase or sale of any stock, bond, certificate of deposit, or
other monetary instrument, or any other payment, transfer, or
delivery by, through, or to a financial institution, by whatever
means effected.
(d) "Financial institution" means 1 or more of the following,
if located in or doing business in this state:
(i) An insured bank, as defined in section 3(h) of the federal
deposit insurance act, 12 USC 1813(h).
(ii) A commercial bank or trust company.
(iii) A private banker.
(iv) An agency or branch of a foreign bank.
(v) A savings and loan institution.
(vi) A thrift institution.
(vii) A credit union.
(viii) A broker or dealer registered with the securities and
exchange commission under the securities exchange act of 1934, 15
USC 78a to 78nn.
(ix) A broker or dealer in securities or commodities.
(x) An investment banker or investment company.
(xi) A currency exchange.
(xii) An insurer, redeemer, or cashier of traveler's checks,
checks, or money orders.
(xiii) An operator of a credit card system.
(xiv) An insurance company.
(xv) A dealer in precious metals, stones, or jewels.
(xvi) A pawnbroker.
(xvii) A loan, finance, or mortgage company.
(xviii) A travel agency.
(xix) A licensed sender of money.
(xx) A telegraph company.
(e) "Monetary instrument" means coin or currency of the United
States or another country, or group of countries, a traveler's
check, personal check, bank check, money order, or investment
security or negotiable instrument in bearer form or in any other
form such that delivery is sufficient to pass title.
(f) "Proceeds of a specified criminal offense" means any
monetary instrument or other real, personal, or intangible property
obtained through the commission of a specified criminal offense,
including any appreciation in the value of the monetary instrument
or property.
(g) "Specified criminal offense" means any of the following:
(i) A felony violation of section 8 of the tobacco products
tax act, 1993 PA 327, MCL 205.428, or section 9 of former 1947 PA
265, concerning cigarette taxes.
(ii) A violation of section 11151 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.11151, or
section 48(3) of former 1979 PA 64, concerning felonious disposal
of hazardous waste.
(iii) A controlled substance offense.
(iv) A felony violation of section 60 of the social welfare
act, 1939 PA 280, MCL 400.60, concerning welfare fraud.
(v) A violation of section 4, 5, or 7 of the medicaid false
claim act, 1977 PA 72, MCL 400.604, 400.605, and 400.607,
concerning medicaid fraud.
(vi) A felony violation of section 18 of the Michigan gaming
control
and revenue act, the Initiated Law of 1996 IL 1, MCL
432.218, concerning the business of gaming.
(vii) A violation of section 409 of the uniform
securities
act,
1964 PA 265, MCL 451.809, or section
508 of the uniform
securities act (2002), 2008 PA 551, MCL 451.2508, or section 409 of
former 1964 PA 265, concerning securities fraud.
(viii) A violation of section 5 or 7 of 1978 PA 33, MCL
722.675 and 722.677, concerning the display or dissemination of
obscene matter to minors.
(ix) A felony violation of section 72, 73, 74, or 75,
concerning arson.
(x) A violation of section 93, 94, 95, or 96, concerning bank
bonds, bills, notes, or property.
(xi) A violation of section 117, 118, 119, 120, 121, or 124,
concerning bribery.
(xii) A violation of section 120a, concerning jury tampering.
(xiii) A violation of section 145c, concerning child sexually
abusive activity or material.
(xiv) A felony violation of section 157n, 157p, 157q, 157r,
157s, 157t, or 157u, concerning credit cards or financial
transaction devices.
(xv) A violation of section 159i, concerning racketeering.
(xvi) A felony violation of section 174, 175, 176, 180, 181,
or 182, concerning embezzlement.
(xvii) A felony violation of chapter XXXIII, concerning
explosives or bombs.
(xviii) A violation of section 213, concerning extortion.
(xix) A felony violation of section 218, concerning false
pretenses.
(xx) A felony violation of chapter XLI, concerning forgery or
counterfeiting.
(xxi) A violation of section 271, 272, 273, or 274, concerning
securities fraud.
(xxii) A violation of section 301, 302, 303, 304, 305, 305a,
or 313, concerning gambling.
(xxiii) A violation of section 316 or 317 concerning murder.
(xxiv) A violation of section 330, 331, or 332, concerning
horse racing.
(xxv) A violation of section 349, 349a, or 350, concerning
kidnapping.
(xxvi) A felony violation of chapter LII, concerning larceny.
(xxvii) A violation of section 422, 423, 424, or 425,
concerning perjury or subornation of perjury.
(xxviii) A violation of section 452, 455, 457, 458, or 459,
concerning
prostitution.commercial
sex acts.
(xxix) A violation of section 529, 530, or 531, concerning
robbery.
(xxx) A felony violation of section 535 or 535a, concerning
stolen, embezzled, or converted property.
(xxxi) A violation of chapter LXXXIII-A, concerning terrorism.
(xxxii) A violation of section 5 of 1984 PA 343, MCL 752.365,
concerning obscenity.
(xxxiii) A conspiracy, attempt, or solicitation to commit an
offense listed in subparagraphs (i) to (xxxii).
(h) "Substituted proceeds of a specified criminal offense"
means any monetary instrument or other real, personal, or
intangible property obtained or any gain realized by the sale or
exchange of proceeds of a specified criminal offense.
CHAPTER LXVII
PROSTITUTIONCOMMERCIAL SEX
Sec. 448. A person 16 years of age or older who accosts,
solicits, or invites another person in a public place or in or from
a building or vehicle, by word, gesture, or any other means, to
commit
prostitution a commercial
sex act or to do any other lewd or
immoral act, is guilty of a crime punishable as provided in section
451.
Sec. 449. A person 16 years of age or older who receives or
admits or offers to receive or admit a person into a place,
structure, house, building, or vehicle for the purpose of
prostitution,
a commercial sex act, lewdness, or assignation, or
who knowingly permits a person to remain in a place, structure,
house,
building, or vehicle for the purpose of prostitution, a
commercial sex act, lewdness, or assignation, is guilty of a crime
punishable as provided in section 451.
Sec. 449a. (1) Except as provided in subsection (2), a person
who engages or offers to engage the services of another person, not
his
or her spouse, for the purpose of prostitution, a commercial
sex act, lewdness, or assignation, by the payment in money or other
forms of consideration, is guilty of a misdemeanor. A person
convicted of violating this section is subject to part 52 of the
public health code, 1978 PA 368, MCL 333.5201 to 333.5210.
(2) A person who engages or offers to engage the services of
another person, who is less than 18 years of age and who is not his
or
her spouse, for the purpose of prostitution, a commercial sex
act, lewdness, or assignation, by the payment in money or other
forms of consideration, is guilty of a crime punishable as provided
in section 451.
Sec. 452. A person who keeps, maintains, or operates, or aids
and
abets in keeping, maintaining, or operating, a house of ill-
fame,
ill fame, bawdy house, or any house or place resorted to for
the
purpose of prostitution commercial
sex acts or lewdness is
guilty of a felony punishable by imprisonment for not more than 5
years or by a fine of not more than $5,000.00, or both.
Sec.
454. Any person who shall let leases
any dwelling house,
knowing
that the lessee intends to use it as a house of ill-fame
ill
fame or place of resort for the purpose
of prostitution
commercial sex acts and lewdness, or for the purpose of gambling
for
money or other property, or who shall knowingly permit such
permits
a lessee to use the same dwelling house for such purpose,
one
of those purposes or who shall
receive receives any rent for
any
dwelling, house, room, or apartment which that is used as a
house
of ill-fame ill fame or place of resort for prostitutes,
commercial
sex acts, or for the purpose of prostitution
commercial
sex acts and lewdness, or for the purpose of gambling for money or
other
property, having reasonable cause to believe such the house,
room,
or apartment is used for any such purpose, one of those
purposes is guilty of a misdemeanor punishable by imprisonment for
not more than 6 months or a fine of not more than $750.00. However,
no
a person shall be is not liable
for receiving rent as aforesaid
under
this section for any period prior to
the time when before he
or
she has had reasonable cause to believe that such the house,
room,
or apartment is used for any such purpose.the purposes
described in this section.
Sec. 455. A person who does any of the following is guilty of
a felony punishable by imprisonment for not more than 20 years:
(a)
Procures an inmate for a house of prostitution.in which
commercial sex acts are committed.
(b) Induces, persuades, encourages, inveigles, or entices a
person
to become a prostitute.person
engaged in a commercial sex
act.
(c) By promise, threat, or violence, or by any device or
scheme, causes, induces, persuades, encourages, takes, places,
harbors, inveigles, or entices a person to become an inmate of a
house
of prostitution in which
commercial sex acts are committed or
of
assignation place or any place
where prostitution is commercial
sex acts are practiced, encouraged, or allowed.
(d) By any promise or threat, or by violence or any device or
scheme, causes, induces, persuades, encourages, inveigles, or
entices
an inmate of a house of prostitution in which commercial
sex acts are committed or place of assignation to remain there as
an inmate.
(e) By any promise or threat, or by violence, any device or
scheme, fraud or artifice, or by duress of person or goods, or by
abuse of any position of confidence or authority, or having legal
charge, takes, places, harbors, inveigles, entices, persuades,
encourages,
or procures any person to engage in prostitution. a
commercial sex act.
(f) Inveigles, entices, persuades, encourages, or procures any
person to come into this state or to leave this state for the
purpose
of prostitution.engaging
in a commercial sex act.
(g) Upon the pretense of marriage, takes or detains a person
for the purpose of sexual intercourse.
(h) Receives or gives, or agrees to receive or give, any money
or thing of value for procuring or attempting to procure any person
to
become a prostitute person
engaged in a commercial sex act or to
come into this state or leave this state for the purpose of
prostitution.a commercial sex act.
Sec. 456. Any person who by force, fraud, intimidation, or
threat places or leaves, or procures any other person to place or
leave,
his or her spouse in a house of prostitution in which
commercial sex acts are committed or to lead a life of
prostitution,
engaging in commercial sex
acts, is guilty of a
felony punishable by imprisonment for not more than 20 years.
Sec. 457. (1) Any person who knowingly accepts, receives,
levies, or appropriates any money or valuable thing without
consideration from the proceeds of the earnings of any person
engaged
in prostitution, a
commercial sex act, or any person,
knowing
a person to be a prostitute, engaged
in commercial sex
acts, who lives or derives support or maintenance, in whole or in
part,
from the earnings or proceeds of the prostitution of a
prostitute,
person engaged in commercial
sex acts, or from money
loaned
or advanced to or charged against a prostitute person
engaged in commercial sex acts by any keeper or manager or inmate
of
a house or other place where prostitution is commercial sex acts
are practiced or allowed, is guilty of a felony punishable by
imprisonment for not more than 20 years.
(2) The acceptance, receipt, levy, or appropriation of money
or any thing of value described in subsection (1) is presumptive
evidence of lack of consideration.
Sec.
458. Any person who attempts to detain any another person
in
a disorderly house or house of prostitution in which commercial
sex
acts are committed because of any a debt
or debts the other
person has contracted, or is said to have contracted while living
in that house, is guilty of a felony punishable by imprisonment for
not less than 2 years or more than 20 years.
Sec. 459. (1) A person shall not knowingly transport or cause
to be transported, or aid or assist in obtaining transportation
for, by any means of conveyance, into, through, or across this
state,
any person for the purpose of prostitution a commercial sex
act or with the intent and purpose to induce, entice, or compel
that
person to become a prostitute. person
engaged in a commercial
sex act. A person who violates this subsection is guilty of a
felony punishable by imprisonment for not more than 20 years or a
fine of not more than $20,000.00, or both.
(2) A person shall not knowingly sell or offer to sell travel
services that include or facilitate travel for the purpose of
engaging
in what conduct that would be a violation of this chapter,
concerning
prostitution, a commercial
sex act, or of chapter
LXVIIA, concerning human trafficking, if the violation occurred in
this state. Except as provided in subsection (3), a person who
violates this subsection is guilty of a felony punishable by
imprisonment for not more than 5 years or a fine of not more than
$10,000.00, or both.
(3) If a person violates subsection (2) and the violation
involves conduct against a minor, the person is guilty of a felony
punishable by imprisonment for not more than 10 years or a fine of
not more than $15,000.00, or both.
(4) A person who violates this section may be prosecuted,
indicted, tried, and convicted in any county or city in or through
which
he or she shall transport or attempt transports or attempts
to
transport any another person in violation of this section.
(5) As used in this section, "travel services" means
transportation by air, sea, or ground, hotel or other lodging
accommodations, package tours, or the provision of vouchers or
coupons to be redeemed for future travel, or accommodations for a
fee, commission, or other valuable consideration.
Sec. 460. (1) It is not a defense to a prosecution for a
violation of this chapter that any part of that violation was
committed outside this state.
(2) A person who violates this chapter may be tried and
punished
in any county in which the prostitution commercial sex act
was
intended to be practiced, or consummated,
in which the offense
was consummated, or in which any overt act in furtherance of the
offense was committed.
Sec.
462. A person who, for a purpose other than prostitution,
a commercial sex act, takes or conveys to, or employs, receives,
detains, or allows a person 16 years of age or less to remain in, a
house
of prostitution, in which
commercial sex acts are committed,
house
of ill-fame, bawdy-house, ill
fame, bawdy house, house of
assignation,
or any house or place for the resort of prostitutes
persons engaged in commercial sex acts or other disorderly persons
is guilty of a crime punishable as provided in section 451.
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 committing or attempting to
commit a felony offense or an offense that would be a felony if
committed by an adult.
(b) The person 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
following misdemeanors:
(i) 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.a
house in which commercial sex acts are committed.
(ii) A violation of section 335a(1), indecent exposure.
(iii) A violation punishable under section 451(1) or (2),
first
and second prostitution commercial
sex act violations.
(iv) A violation of section 454, leasing a house for purposes
of
prostitution.commercial
sex acts.
(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 assessment required
under subsection (5).
(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.
(4) An investigating law enforcement agency, prosecuting
agency, or court that has in its possession a DNA identification
sample obtained from a person under subsection (1) shall forward
the DNA identification sample to the department of state police
after the person from whom the sample was taken has been charged
with committing or attempting to commit a felony offense or an
offense that would be a felony if committed by an adult unless the
department of state police already has a DNA identification profile
of the person.
(5) 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.
(6)
An assessment required under subsection (5) shall must be
ordered
upon the record, and shall must
be listed separately in the
adjudication order, judgment of sentence, or order of probation.
(7) After reviewing a verified petition by a person 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 person 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
samples.
(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) 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.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.