EXPAND DNA PROFILE DATABASE - H.B. 4613 (S-2): FLOOR ANALYSIS


House Bill 4613 (Substitute S-2 as reported)

Sponsor: Representative Thomas M. George

House Committee: Criminal Justice

Senate Committee: Judiciary


CONTENT


The bill would amend the Michigan Penal Code to do the following:


-- Require a person convicted of any felony or certain specified misdemeanors, or a juvenile found responsible for certain violations, to provide samples for DNA identification profiling.

-- Require each individual subject to DNA profiling to pay a $60 assessment.

-- Limit the disclosure of DNA profiles to certain purposes.

-- Require the Department of State Police to submit an annual report to the Legislature.


The bill would take effect on October 1, 2001, and is tie-barred to House Bills 4610, 4611, and 4633 and Senate Bills 389, 390, and 393.


The Code requires the collection of DNA samples from individuals convicted of attempted murder; first- or second-degree murder; first-, second-, third-, or fourth-degree criminal sexual conduct (CSC); or assault with intent to commit CSC. Under the bill, the DNA requirements would apply to a juvenile found responsible for any of those offenses; assault with intent to commit murder; manslaughter; being disorderly by committing window peeping or engaging in indecent or obscene conduct in public; indecent exposure; or a local ordinance substantially corresponding to the disorderly conduct or indecent exposure violations.


The DNA sampling and profiling requirements also would apply to an individual convicted of any felony or attempted felony or any of the following misdemeanors or a substantially corresponding local ordinance: enticing a child for immoral purposes; being disorderly by committing window peeping, engaging in indecent or obscene conduct in public, or loitering in a house of ill fame or prostitution; indecent exposure; a first or second conviction of various prostitution violations; leasing a house for purposes of prostitution; or taking, conveying, employing, receiving, or detaining a female under 17 years old in a house of prostitution.


The bill's provisions that would require the collection and distribution of assessments, limit the disclosure of DNA profiles, and require the State Police Director to report to the Legislature, are the same as those proposed by House Bill 4610 (S-2).


MCL 750.520m - Legislative Analyst: P. Affholter


FISCAL IMPACT


Please see FISCAL IMPACT on House Bill 4610 (S-2).


Date Completed: 6-11-01 - Fiscal Analyst: B. Baker/B. Bowerman/C. Cole

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floor\hb4613 - Analysis available @ http://www.michiganlegislature.org

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.