June 12, 2018, Introduced by Reps. Lasinski, Sabo, Cochran, Chang, Brinks, Guerra, Geiss, Greig, Green, Pagan, Yancey, Gay-Dagnogo, Wittenberg, Rabhi and Jones and referred to the Committee on Law and Justice.
A bill to amend 1988 PA 73, entitled
"The juvenile facilities act,"
by amending section 5a (MCL 803.225a), as amended by 2001 PA 90.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5a. (1) A juvenile who is under the supervision of the
department or a county juvenile agency under section 18 of chapter
XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.18, shall
not be placed in a community placement of any kind and shall not be
discharged from wardship until he or she has provided samples for
chemical testing for DNA identification profiling or a
determination of the sample's genetic markers and has provided
samples for a determination of his or her secretor status if any of
the following apply:
(a) The juvenile has been found responsible for a violation of
section 83, 91, 316, 317, or 321 of the Michigan penal code, 1931
PA 328, MCL 750.83, 750.91, 750.316, 750.317, and 750.321, or a
violation or attempted violation of section 349, 520b, 520c, 520d,
520e, or 520g of the Michigan penal code, 1931 PA 328, MCL 750.349,
750.520b, 750.520c, 750.520d, 750.520e, and 750.520g, or a
violation of section 167(1)(c) or (f) or 335a of the Michigan penal
code, 1931 PA 328, MCL 750.167 and 750.335a, or a local ordinance
substantially corresponding to section 167(1)(c) or (f) or 335a of
the Michigan penal code, 1931 PA 328, MCL 750.167 and 750.335a.
(b) The juvenile has been convicted of a felony or attempted
felony, or any of the following misdemeanors, or local ordinances
substantially corresponding to the following misdemeanors:
(i) A violation of section 145a of the Michigan penal code,
1931 PA 328, MCL 750.145a, enticing a child for immoral purposes.
(ii) A violation of section 167(1)(c), (f), or (i) of the
Michigan penal code, 1931 PA 328, MCL 750.167, disorderly person by
window peeping, engaging in indecent or obscene conduct in public,
or
loitering in a house of ill fame. or prostitution.
(iii) A violation of section 335a of the Michigan penal code,
1931 PA 328, MCL 750.335a, indecent exposure.
(iv) A violation of section 451 of the Michigan penal code,
1931 PA 328, MCL 750.451, first and second prostitution violations.
(v) A violation of section 454 of the Michigan penal code,
1931 PA 328, MCL 750.454, leasing a house for purposes of
prostitution.
(vi) A violation of section 462 of the Michigan penal code,
1931 PA 328, MCL 750.462, female under the age of 17 in a house of
prostitution.
(2) Notwithstanding subsection (1), if at the time the
juvenile is convicted of or found responsible for the violation the
investigating law enforcement agency or the department of state
police already has a sample from the juvenile that meets the
requirements of the DNA identification profiling system act, 1990
PA 250, MCL 28.171 to 28.176, the juvenile is not required to
provide another sample or pay the fee required under subsection
(6).
(3) The samples required to be collected under this section
shall be collected by the department or county juvenile agency, as
applicable, and transmitted by the department or county juvenile
agency to the department of state police in the manner prescribed
under the DNA identification profiling system act, 1990 PA 250, MCL
28.171 to 28.176.
(4) The department or county juvenile agency may collect a
sample under this section regardless of whether the juvenile
consents to the collection. The department or county juvenile
agency is not required to give the juvenile an opportunity for a
hearing or obtain a court order before collecting the sample.
(5) The DNA profiles of DNA samples received under this
section shall only be disclosed as follows:
(a) To a criminal justice agency for law enforcement
identification purposes.
(b) In a judicial proceeding as authorized or required by a
court.
(c) To a defendant in a criminal case if the DNA profile is
used in conjunction with a charge against the defendant.
(d) For an academic, research, statistical analysis, or
protocol developmental purpose only if personal identifications are
removed.
(6) A juvenile found responsible for or convicted of 1 or more
crimes listed in subsection (1) shall pay an assessment of $60.00.
The juvenile agency shall transmit the assessments or portions of
assessments collected to the department of treasury for the
department of state police forensic science division to defray the
costs associated with the requirements of DNA profiling and DNA
retention prescribed under the DNA identification profiling system
act, 1990 PA 250, MCL 28.171 to 28.176.
(7) As used in this section:
(a) "Felony" means a violation of a penal law of this state
for which the offender may be punished by imprisonment for more
than 1 year or an offense expressly designated by law to be a
felony.
(b) "Sample" means a portion of a juvenile's blood, saliva, or
tissue collected from the juvenile.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No. ___ or House Bill No. 6170 (request no.
04798'17) of the 99th Legislature is enacted into law.