HOUSE BILL No. 4610


     April 18, 2001, Introduced by Reps. Faunce, Kowall, Woronchak, Gilbert, Hager, George, Julian and Van Woerkom and
referred to the Committee on Criminal Justice.


        A bill to amend 1990 PA 250, entitled

   "DNA identification profiling system act,"

   by amending section 6 (MCL 28.176), as amended by 2000 PA 30.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 6.  (1) The department shall permanently retain a DNA

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      identification profile of an individual obtained from a sample in

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      the manner prescribed by the department under this act if that

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      individual is convicted of or found responsible for a violation

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       of section 91, 316, or 317 of the Michigan penal code, 1931

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      PA 328, MCL 750.91, 750.316, and 750.317, or a violation or

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      attempted violation of section 349, 520b, 520c, 520d, 520e, or

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      520g of the Michigan penal code, 1931 PA 328, MCL 750.349,

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      750.520b, 750.520c, 750.520d, 750.520e, and 750.520g  OR

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      ATTEMPTED VIOLATION OF A LAW OF THIS STATE THAT IS A FELONY OR

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      THAT WOULD BE A FELONY IF COMMITTED BY AN ADULT, OR A VIOLATION


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      OR ATTEMPTED VIOLATION OF SECTION 520E OF THE MICHIGAN PENAL

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      CODE, 1931 PA 328, MCL 750.520E.  Any other DNA identification

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      profile obtained by the department shall not be permanently

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      retained by the department but shall be retained only as long as

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      it is needed for a criminal investigation or criminal

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      prosecution.

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           (2) If the state police forensic laboratory determines after

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      analysis that a sample has been submitted by an individual who

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      has been eliminated as a suspect in a crime, the laboratory shall

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      dispose of the sample and the DNA identification profile record

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      in the following manner:

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           (a) The laboratory shall dispose of the sample in compliance

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      with section 13811 of the public health code, 1978 PA 368,

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      MCL 333.13811.

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           (b) The laboratory shall dispose of the sample and the DNA

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      identification profile record in the presence of a witness.

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           (3) After disposal in accordance with subsection (2), the

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      laboratory shall make and keep a written record of the disposal,

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      signed by the individual who witnessed the disposal.

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           Enacting section 1.  This amendatory act does not take

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      effect unless all of the following bills of the 91st Legislature

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      are enacted into law:

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           (a) Senate Bill No. ______ or House Bill No. 4611   (request

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      no. 02654'01 a).

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           (b) Senate Bill No. ______ or House Bill No. 4613   (request

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      no. 02654'01 b).





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           (c) Senate Bill No. ______ or House Bill No. 4612  (request

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      no. 02654'01 c).

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           (d) Senate Bill No. ______ or House Bill No. 4614  (request

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      no. 02654'01 d).

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           (e) Senate Bill No. ______ or House Bill No. 4633  (request

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      no. 02654'01 e).












































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