DNA PROFILING H.B. 5783 (H-2): FLOOR ANALYSIS
House Bill 5783 (Substitute H-2 as reported without amendment) Sponsor: Representative Michael Goschka
House Committee: Judiciary and Civil Rights Senate Committee: Judiciary
The bill would amend the juvenile code to provide that an individual convicted of or found responsible for first-, second-, third-, or fourth-degree criminal sexual conduct (CSC), assault with intent to commit CSC, or an attempt to commit a CSC offense, plus first- or second-degree murder, attempted murder, kidnapping, or attempted kidnapping would have to provide a “sample” for chemical testing for DNA identification profiling or a determination of the sample’s genetic markers, and would have to provide a sample for chemical testing for a determination of the person’s secretor status. (“Sample” would mean a portion of a juvenile’s blood, saliva, or tissue collected from the juvenile.)
The investigating law enforcement agency would have to provide for collecting the samples in a medically approved manner by qualified persons using supplies provided by the Department of State Police. The agency also would have to forward those samples and any samples that were in its possession to the Department of State Police. The collecting and forwarding of samples would have to be done in the manner required under rules promulgated under the DNA Identification Profiling System Act.
The bill would take effect on January 1, 1997, and is tie-barred to House Bills 5912, 6061, and 6062.
Proposed MCL 712A.18j 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 bills would result in added supply costs of $4,000.
Family Independence Agency: The bills would have no fiscal impact on the Agency.
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.