DNA PROFILING H.B. 6061 (H-1): FLOOR ANALYSIS
House Bill 6061 (Substitute H-1 as reported without amendment) Sponsor: Representative Sandra Hill
House Committee: Judiciary and Civil Rights Senate Committee: Judiciary
The bill would amend the Juvenile Facilities Act to provide that a juvenile who was convicted of or found responsible 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, and who was under the supervision of the Family Independence Agency (FIA), 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 mean a portion of a juvenile’s blood, saliva, or tissue collected from the juvenile.)
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 juvenile consented to the collection. The FIA would not be required to give the juvenile 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 6062.
Proposed MCL 803.225a 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 FIA.
Date Completed: 12-6-96 Fiscal Analyst: B. Baker
C. Cole
floor\hb6061
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.