DNA PROFILE DATABASE:  EXPAND

TO INCLUDE ARRESTS FOR A VIOLENT FELONY

House Bill 4092

Sponsor:  Rep. Aldo Vagnozzi

Committee:  Judiciary

Complete to 2-11-08

A SUMMARY OF HOUSE BILL 4092 AS INTRODUCED 1-23-07

Public Acts 84-91 of 2001 amended various statutes to require that DNA samples be obtained from adults (and from juveniles tried as adults) who are convicted of a felony or attempted felony or certain misdemeanor offenses and also from juveniles found responsible for certain felony and misdemeanor offenses.  The Department of State Police is required to permanently retain those DNA profiles.

House Bill 4092 would amend the Michigan Penal Code (MCL 750.520m) to require an individual arrested for a violent felony, as defined in the Corrections Code, to provide samples for chemical testing for DNA identification profiling or a determination of the sample's genetic markers, and provide samples for chemical testing for a determination of his or her secretor status.

("Violent felony" is defined in the Corrections Code to mean the following crimes:  felonious assault/armed; assault with intent to commit murder; assault with intent to do great bodily harm less than murder; assault with intent to maim; assault with intent to commit felony not otherwise specified; assault with intent to rob and steal (unarmed);  assault with intent to rob and steal (armed);  first degree murder; second degree murder;  manslaughter; kidnapping; prisoner taking a hostage; leading, taking away, enticing child under 14; mayhem (with intent to maim, disfigure, or cut out facial features, limb, or organ); criminal sexual conduct (CSC) 1st, 2nd, 3rd, and 4th degree; assault with intent to commit CSC 1st, 2nd, or 3rd degree; armed, aggravated assault; carjacking; use of force or violence to commit a larceny of money or property.)

FISCAL IMPACT:

A fiscal analysis is in process.

                                                                                           Legislative Analyst:   Susan Stutzky

                                                                                                  Fiscal Analyst:   Jan Wisniewski

■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.