CONTENT

The bill would amend Public Act 189 of 1966, which provides procedures for obtaining and executing search warrants, to provide for the issuance of a search warrant for the search and seizure of hair, tissue, or blood or other bodily fluid samples in a criminal sexual conduct (CSC) investigation involving a victim who was related to the suspect by blood or affinity to the third or fourth degree.

If a court had probable cause to believe that a person committed first-, second-, third-, or fourth- degree CSC involving a relative, the court, upon proper petition for a search warrant, would have to authorize the search and seizure of hair or tissue, or blood or other fluid samples from all of the following:

-- Any individual whom the court had probable cause to believe had committed the violation.

-- A child, if the court had probable cause to believe that the violation resulted in the birth of that child.

-- The remains of an unborn child, if the court had probable cause to believe that the violation resulted in a pregnancy that was terminated before the birth of the child.

The bill would not prohibit the court from issuing a search warrant for other evidence as considered appropriate by the court.

The bill would take effect on June 1, 1996, and is tie-barred to Senate Bill 762 and House Bill 5076. Proposed MCL 780.652a Legislative Analyst: P. Affholter

FISCAL IMPACT

The bill would have no fiscal impact on State or local government.

Date Completed: 2-7-96 Fiscal Analyst: M. Bain

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This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.