HOUSE BILL No. 4612


     April 18, 2001, Introduced by Reps. Kowall, Faunce and George and referred to the Committee on Criminal Justice.


        A bill to amend 1953 PA 232, entitled

   "An act to revise, consolidate, and codify the laws relating to
   probationers and probation officers, to pardons, reprieves, com-
   mutations, and paroles, to the administration of correctional
   institutions, correctional farms, and probation recovery camps,
   to prisoner labor and correctional industries, and to the super-
   vision and inspection of local jails and houses of correction; to
   provide for the siting of correctional facilities; to create a
   state department of corrections, and to prescribe its powers and
   duties; to provide for the transfer to and vesting in said
   department of powers and duties vested by law in certain other
   state boards, commissions, and officers, and to abolish certain
   boards, commissions, and offices the powers and duties of which
   are transferred by this act; to allow for the operation of cer-
   tain facilities by private entities; to prescribe the powers and
   duties of certain other state departments and agencies; to pro-
   vide for the creation of a local lockup advisory board; to pre-
   scribe penalties for the violation of the provisions of this act;
   to make certain appropriations; to repeal certain parts of this
   act on specific dates; and to repeal all acts and parts of acts
   inconsistent with the provisions of this act,"

   by amending section 33d (MCL 791.233d), as amended by 1996 PA

   509.





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               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 33d.  (1) A prisoner serving a sentence for a violation

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

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      No. 328 of the Public Acts of 1931, being section 750.91,

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      750.316, and 750.317 of the Michigan Compiled Laws, or a viola-

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

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      520e, or 520g of Act No. 328 of the Public Acts of 1931, being

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      sections 750.349, 750.520b, 750.520c, 750.520d, 750.520e, and

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      750.520g of the Michigan Compiled Laws  OR ATTEMPTED VIOLATION OF

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

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      VIOLATION OF SECTION 520E OF THE MICHIGAN PENAL CODE, 1931 PA

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      328, MCL 750.520E, shall not be released on parole, placed in a

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      community placement facility of any kind, including a community

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      corrections center or a community residential home, or discharged

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      upon completion of his or her maximum sentence until he or she

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      has provided samples for chemical testing for DNA identification

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      profiling or a determination of the sample's genetic markers and

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      has provided samples for a determination of his or her secretor

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      status.  However, if at the time the prisoner is to be released,

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      placed, or discharged the department of state police already has

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      a sample from the prisoner that meets the requirements of the

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      rules promulgated under the DNA identification profiling system

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      act,  Act No. 250 of the Public Acts of 1990, being sections

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      28.171 to 28.176 of the Michigan Compiled Laws  1990 PA 250, MCL

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      722.901 TO 722.908, the prisoner is not required to provide

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      another sample.





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           (2) The samples required to be collected under this section

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      shall be collected by the department and transmitted by the

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      department to the department of state police in the manner pre-

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      scribed by rules promulgated under the DNA identification profil-

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      ing system act,  Act No. 250 of the Public Acts of 1990  1990 PA

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      250, MCL 28.171 TO 28.176.

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           (3) The department may collect a sample under this section

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      regardless of whether the prisoner consents to the collection.

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      The department is not required to give the prisoner an opportu-

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      nity for a hearing or obtain a court order before collecting the

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      sample.

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           (4) As used in this section, "sample" means a portion of a

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      prisoner's blood, saliva, or tissue collected from the prisoner.

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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. 4610  (request

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      no. 02654'01).

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           (b) Senate Bill No. _____ or House Bill No. 4611  (request

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      no. 02654'01 a).

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           (c) Senate Bill No. _____ or House Bill No. 4613  (request

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      no. 02654'01 b).

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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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