SENATE BILL No. 393

April 18, 2001, Introduced by Senators MC COTTER and JOHNSON and referred to the

Committee on Judiciary.

A bill to amend 1988 PA 73, entitled

"The juvenile facilities act,"

by amending section 5a (MCL 803.225a), as amended by 1998 PA

521.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 5a. (1) A juvenile convicted of or found responsible

2 for a violation of section 91, 316, or 317 of the Michigan penal

3 code, 1931 PA 328, MCL 750.91, 750.316, and 750.317, or a viola-

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

5 520e, or 520g of the Michigan penal code, 1931 PA 328, MCL

6 750.349, 750.520b, 750.520c, 750.520d, 750.520e, and 750.520g,

7 who is under the supervision of the department or a county juve-

8 nile agency under section 18 of chapter XIIA of 1939 PA 288, MCL

9 712A.18, shall not be placed in a community placement of any kind

10 and shall not be discharged from wardship until he or she has

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1 provided samples for chemical testing for DNA identification

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

3 has provided samples for a determination of his or her secretor

4 status . However, IF THE JUVENILE IS CONVICTED OF A FELONY OR

5 ATTEMPTED FELONY OR FOUND RESPONSIBLE FOR A JUVENILE OFFENSE OR

6 ATTEMPTED OFFENSE THAT IF COMMITTED BY AN ADULT WOULD BE A FELONY

7 OR ATTEMPTED FELONY OR ANY OF THE FOLLOWING MISDEMEANORS:

8 (A) A VIOLATION OF SECTION 81 OF THE MICHIGAN PENAL CODE,

9 1931 PA 328, MCL 750.81, ASSAULT AND BATTERY, INCLUDING DOMESTIC

10 VIOLENCE.

11 (B) A VIOLATION OF SECTION 81A OF THE MICHIGAN PENAL CODE,

12 1931 PA 328, MCL 750.81A, ASSAULT; INFLICTION OF SERIOUS INJURY,

13 INCLUDING AGGRAVATED DOMESTIC VIOLENCE.

14 (C) A VIOLATION OF SECTION 115 OF THE MICHIGAN PENAL CODE,

15 1931 PA 328, MCL 750.115, BREAKING AND ENTERING OR ILLEGAL

16 ENTRY.

17 (D) A VIOLATION OF SECTION 136B(6) OF THE MICHIGAN PENAL

18 CODE, 1931 PA 328, MCL 750.136B, CHILD ABUSE IN THE FOURTH

19 DEGREE.

20 (E) A VIOLATION OF SECTION 145A OF THE MICHIGAN PENAL CODE,

21 1931 PA 328, MCL 750.145A, ENTICING A CHILD FOR IMMORAL

22 PURPOSES.

23 (F) A VIOLATION OF SECTION 335A OF THE MICHIGAN PENAL CODE,

24 1931 PA 328, MCL 750.335A, INDECENT EXPOSURE.

25 (G) A VIOLATION OF SECTION 411H OF THE MICHIGAN PENAL CODE,

26 1931 PA 328, MCL 750.411H, STALKING.

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1 (2) NOTWITHSTANDING SUBSECTION (1), if, at the time the

2 juvenile is to be discharged from wardship, the department of

3 state police already has a sample from the juvenile that meets

4 the requirements of the rules promulgated under the DNA identifi-

5 cation profiling system act, 1990 PA 250, MCL 28.171 to 28.176,

6 the juvenile is not required to provide another sample.

7 (3) (2) The samples required to be collected under this

8 section shall be collected by the department or county juvenile

9 agency, as applicable, and transmitted by the department or

10 county juvenile agency to the department of state police in the

11 manner prescribed by rules promulgated under the DNA identifica-

12 tion profiling system act, 1990 PA 250, MCL 28.171 to 28.176.

13 (4) (3) The department or county juvenile agency may col-

14 lect a sample under this section regardless of whether the juve-

15 nile consents to the collection. The department or county juve-

16 nile agency is not required to give the juvenile an opportunity

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

18 sample.

19 (5) (4) As used in this section: , "sample"

20 (A) "FELONY" MEANS A VIOLATION OF A PENAL LAW OF THIS STATE

21 FOR WHICH THE OFFENDER MAY BE PUNISHED BY IMPRISONMENT FOR MORE

22 THAN 1 YEAR OR AN OFFENSE EXPRESSLY DESIGNATED BY LAW TO BE A

23 FELONY.

24 (B) "SAMPLE" means a portion of a juvenile's blood, saliva,

25 or tissue collected from the juvenile.

26 Enacting section 1. This amendatory act takes effect

27 October 1, 2001.

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1 Enacting section 2. This amendatory act does not take

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

3 are enacted into law:

4 (a) Senate Bill No. 389.

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6 (b) Senate Bill No. 390.

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8 (c) Senate Bill No. 391.

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10 (d) Senate Bill No. 394.

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12 (e) Senate Bill No. 392.

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