HOUSE BILL No. 4613


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


        A bill to amend 1931 PA 328, entitled

   "The Michigan penal code,"

   by amending section 520m (MCL 750.520m), as amended by 1996 PA

   510.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1
           Sec. 520m.  (1) A person convicted of a violation  of sec-

 2
      tion 91, 316, or 317 or a violation or attempted violation of

 3
      section 349, 520b, 520c, 520d, 520e, or 520g  OR ATTEMPTED VIOLA-

 4
      TION OF A LAW OF THIS STATE THAT IS A FELONY OR THAT WOULD BE A

 5
      FELONY IF COMMITTED BY AN ADULT, OR A VIOLATION OR ATTEMPTED VIO-

 6
      LATION OF SECTION 520E, shall provide samples for chemical test-

 7
      ing for DNA identification profiling or a determination of the

 8
      sample's genetic markers and shall provide samples for chemical

 9
      testing for a determination of his or her secretor status.

10
      However, if at the time the person is convicted the investigating


   02654'01 b                                               TLG
                                                2

 1
      law enforcement agency or the department of state police already

 2
      has a sample from the person that meets the requirements of the

 3
      rules promulgated under the DNA identification profiling system

 4
      act,  Act No. 250 of the Public Acts of 1990, being

 5
      sections 28.171 to 28.176 of the Michigan Compiled Laws  1990 PA

 6
      250, MCL 28.171 TO 28.176, the person is not required to provide

 7
      another sample.

 8
           (2) The investigating law enforcement agency shall provide

 9
      for collecting the samples required to be provided under

10
      subsection (1) in a medically approved manner by qualified per-

11
      sons using supplies provided by the department of state police

12
      and shall forward those samples and any samples described in

13
      subsection (1) that were already in the agency's possession to

14
      the department of state police.  The collecting and forwarding of

15
      samples shall be done in the manner required under the rules

16
      promulgated under the DNA identification profiling system act,

17
       Act No. 250 of the Public Acts of 1990  1990 PA 250, MCL 28.171

18
      TO 28.176.

19
           (3) An investigating law enforcement agency, prosecuting

20
      agency, or court that has in its possession a DNA identification

21
      profile obtained from a sample of a person convicted of an

22
      offense described in subsection (1) shall forward the DNA identi-

23
      fication profile to the department of state police at or before

24
      the time of the person's sentencing upon that conviction unless

25
      the department of state police already has a DNA identification

26
      profile of the person.





   02654'01 b                                    3

 1
           (4) As used in this section:

 2
           (a) "DNA identification profile" and "DNA identification

 3
      profiling" mean those terms as defined in section 2 of the DNA

 4
      identification profiling system act,  Act No. 250 of the Public

 5
      Acts of 1990, being section 28.172 of the Michigan Compiled Laws 

 6
      1990 PA 250, MCL 28.172.

 7
           (b) "Investigating law enforcement agency" means the law

 8
      enforcement agency responsible for the investigation of the

 9
      offense for which the person is convicted.

10
           (c) "Sample" means a portion of a person's blood, saliva, or

11
      tissue collected from the person.

12
           Enacting section 1.  This amendatory act does not take

13
      effect unless all of the following bills of the 91st Legislature

14
      are enacted into law:

15
           (a) Senate Bill No. _____ or House Bill No. 4610  (request

16
      no. 02654'01).

17
           (b) Senate Bill No. _____ or House Bill No. 4611  (request

18
      no. 02654'01 a).

19
           (c) Senate Bill No. _____ or House Bill No. 4612  (request

20
      no. 02654'01 c).

21
           (d) Senate Bill No. _____ or House Bill No. 4614  (request

22
      no. 02654'01 d).

23
           (e) Senate Bill No. _____ or House Bill No. 4633  (request

24
      no. 02654'01 e).









   02654'01 b          Final page.                          TLG