HOUSE BILL No. 5622 February 12, 2002, Introduced by Reps. Allen, Julian, Anderson, Pappageorge, Kolb, Meyer, Patterson, Birkholz, Lipsey, Kuipers and Lemmons 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 2001 PA 87. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 6. (1) The department shall permanently retain a DNA 2 identification profile of an individual obtained from a sample in 3 the manner prescribed by the department under this act if any of 4 the following apply: 5 (a) The individual is found responsible for a violation of 6 section 83, 91, 316, 317, or 321 of the Michigan penal code, 1931 7 PA 328, MCL 750.83, 750.91, 750.316, 750.317, and 750.321, or a 8 violation or attempted violation of section 349, 520b, 520c, 9 520d, 520e, or 520g of the Michigan penal code, 1931 PA 328, 10 MCL 750.349, 750.520b, 750.520c, 750.520d, 750.520e, and 11 750.520g, or a violation of section 167(1)(c) or (f) or 335a of 04979'01 TVD 2 1 the Michigan penal code, 1931 PA 328, MCL 750.167 and 750.335a, 2 or a local ordinance substantially corresponding to section 3 167(1)(c) or (f) or 335a of the Michigan penal code, 1931 PA 328, 4 MCL 750.167 and 750.335a. 5 (b) The individual is convicted of a felony or attempted 6 felony, or any of the following misdemeanors, or local ordinances 7 that are substantially corresponding to the following 8 misdemeanors: 9 (i) A violation of section 145a of the Michigan penal code, 10 1931 PA 328, MCL 750.145a, enticing a child for immoral 11 purposes. 12 (ii) A violation of section 167(1)(c), (f), or (i) of the 13 Michigan penal code, 1931 PA 328, MCL 750.167, disorderly person 14 by window peeping, engaging in indecent or obscene conduct in 15 public, or loitering in a house of ill fame or prostitution. 16 (iii) A violation of section 335a of the Michigan penal 17 code, 1931 PA 328, MCL 750.335a, indecent exposure. 18 (iv) A violation of section 451 of the Michigan penal code, 19 1931 PA 328, MCL 750.451, first and second prostitution 20 violations. 21 (v) A violation of section 454 of the Michigan penal code, 22 1931 PA 328, MCL 750.454, leasing a house for purposes of 23 prostitution. 24 (vi) A violation of section 462 of the Michigan penal code, 25 1931 PA 328, MCL 750.462, female under the age of 17 in a house 26 of prostitution. 04979'01 3 1 (2) The DNA profiles of DNA samples received under this 2 section shall only be disclosed as follows: 3 (a) To a criminal justice agency for law enforcement identi- 4 fication purposes. 5 (b) In a judicial proceeding as authorized or required by a 6 court. 7 (c) To a defendant in a criminal case if the DNA profile is 8 used in conjunction with a charge against the defendant. 9 (d) For an academic, research, statistical analysis, or pro- 10 tocol developmental purpose only if personal identifications are 11 removed. 12 (3) Notwithstanding subsection (1), if at the time the indi- 13 vidual is convicted of or found responsible for the violation the 14 investigating law enforcement agency or the department of state 15 police already has a sample from the individual that meets the 16 requirements of this act, the individual is not required to pro- 17 vide another sample or pay the fee required under 18 subsection (5). 19 (4) The county sheriff or the investigating law enforcement 20 agency as ordered by the court shall provide for collecting the 21 samples required to be provided under subsection (1) in a medi- 22 cally approved manner by qualified persons using supplies pro- 23 vided by the department of state police and shall forward those 24 samples and any samples described in subsection (1) that were 25 already in the agency's possession to the department of state 26 police. The collecting and forwarding of samples shall be done 27 in the manner required under this act. A sample shall be 04979'01 4 1 collected by the county sheriff or the investigating law 2 enforcement agency after conviction or a finding of responsibil- 3 ity but before sentencing or disposition as ordered by the court 4 and promptly transmitted to the department of state police. This 5 subsection does not preclude a law enforcement agency or state 6 agency from obtaining a sample at or after sentencing or 7 disposition. 8 (5) The court shall order each individual found responsible 9 for or convicted of 1 or more crimes listed in subsection (1) to 10 pay an assessment of $60.00. The assessment required under this 11 subsection is in addition to any fine, costs, or other assess- 12 ments imposed by the court. 13 (6) An assessment required under subsection (5) shall be 14 ordered upon the record and shall be listed separately in the 15 adjudication order, judgment of sentence, or order of probation. 16 (7) After reviewing a verified petition by an individual 17 against whom an assessment is imposed, the court may suspend pay- 18 ment of all or part of the assessment if it determines the indi- 19 vidual is unable to pay the assessment. 20 (8) The court that imposes the assessment prescribed under 21 subsection (5) may retain 10% of all assessments or portions of 22 assessments collected for costs incurred under this section and 23 shall transmit that money to its funding unit. On the last day 24 of each month, the clerk of the court shall transmit the assess- 25 ments or portions of assessments collected as follows: 26 (a) Twenty-five percent of the assessments or portions of 27 assessments collected under this section to the county sheriff or 04979'01 5 1 other investigating law enforcement agency that collected the DNA 2 sample as designated by the court to defray the costs of collect- 3 ing DNA samples. 4 (b) Sixty-five percent of the assessments or portions of 5 assessments collected to the department of treasury for the 6 department's forensic science division to defray the costs asso- 7 ciated with the requirements of DNA profiling and DNA retention 8 prescribed under this act. 9 (9) Beginning December 31, 2002, the director of the depart- 10 ment shall report by December 31 of each year concerning the rate 11 of DNA sample collection, DNA identification profiling, retention 12 and compilation of DNA identification profiles, and the collec- 13 tion of assessments required under subsection (5) to all of the 14 following: 15 (a) The standing committees of the senate and house of rep- 16 resentatives concerned with DNA sample collection and retention. 17 (b) The house of representatives appropriations subcommittee 18 on state police and military affairs. 19 (c) The senate appropriations subcommittee on state police. 20 (10) If a sample was collected under subsection (1) from an 21 individual who does not have more than 1 conviction, and that 22 conviction was reversed by an appellate court, the individual may 23 petition the sentencing court to order the disposing of the 24 sample collected and DNA identification profile record for that 25 conviction in the manner provided in subsections (12) and (13). 26 The sentencing court shall only enter the order upon a finding 27 that the individual has proven by clear and convincing evidence 04979'01 6 1 that the conviction was reversed based upon the great weight of 2 the evidence, specifically, that there was overwhelming evidence 3 against the verdict resulting in a miscarriage of justice. 4 (11) Any other DNA identification profile obtained by the 5 department shall not be permanently retained by the department 6 but shall be retained only as long as it is needed for a criminal 7 investigation or criminal prosecution. 8 (12) If the state police forensic laboratory determines 9 after analysis that a sample has been submitted by an individual 10 who has been eliminated as a suspect in a crime, the laboratory 11 shall dispose of the sample and the DNA identification profile 12 record in the following manner: 13 (a) The laboratory shall dispose of the sample in compliance 14 with section 13811 of the public health code, 1978 PA 368, 15 MCL 333.13811. 16 (b) The laboratory shall dispose of the sample and the DNA 17 identification profile record in the presence of a witness. 18 (13) After disposal in accordance with subsection (12), the 19 laboratory shallmakeDO BOTH OF THE FOLLOWING: 20 (A) MAKE and keep a written record of the disposal, signed 21 by the individual who witnessed the disposal. 22 (B) PROVIDE A COPY OF THE WRITTEN RECORD DESCRIBED IN 23 SUBDIVISION (A) TO THE INDIVIDUAL FROM WHOM THE SAMPLE WAS 24 OBTAINED WITHIN 30 DAYS AFTER DISPOSAL. THE COPY SHALL BE PRO- 25 VIDED TO THE INDIVIDUAL IN PERSON OR BY FIRST-CLASS MAIL SENT TO 26 HIS OR HER LAST KNOWN ADDRESS. 04979'01 Final page. TVD