Michigan DNA Collection – The Law

Chapter 750
Act 328 of 1931
328-1931-LXXVI

THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931

Here’s the website info

750.520m DNA identification profiling; chemical testing; manner of collecting and transmitting samples; existing DNA identification profile; assessment; definitions.

Sec. 520m.

(1) A person shall provide samples for chemical testing for DNA identification profiling or a determination of the sample’s genetic markers and shall provide samples for chemical testing if any of the following apply:

(a) The individual is arrested for committing or attempting to commit a felony offense or an offense that would be a felony if committed by an adult.

(b) The person is convicted of, or found responsible for, a felony or attempted felony, or any of the following misdemeanors or local ordinances that are substantially corresponding to the following misdemeanors:

(i) A violation of section 167(1)(c), (f), or (i), disorderly person by window peeping, engaging in indecent or obscene conduct in public, or loitering in a house of ill fame or prostitution.

(ii) A violation of section 335a(1), indecent exposure.

(iii) A violation punishable under section 451(1) or (2), first and second prostitution violations.

(iv) A violation of section 454, leasing a house for purposes of prostitution.

(2) Notwithstanding subsection (1), if at the time the person is arrested for, 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 person that meets the requirements of the DNA identification profiling system act, 1990 PA 250, MCL 28.171 to 28.176, the person is not required to provide another sample or pay the assessment required under subsection (5).

(3) The county sheriff or the investigating law enforcement agency shall collect and transmit the samples in the manner required under the DNA identification profiling system act, 1990 PA 250, MCL 28.171 to 28.176.

(4) An investigating law enforcement agency, prosecuting agency, or court that has in its possession a DNA identification sample obtained from a person under subsection (1) shall forward the DNA identification sample to the department of state police after the person from whom the sample was taken has been charged with committing or attempting to commit a felony offense or an offense that would be a felony if committed by an adult unless the department of state police already has a DNA identification profile of the person.

(5) The court shall order each person found responsible for or convicted of 1 or more crimes listed in subsection (1) to pay an assessment of $60.00. The assessment required under this subsection is in addition to any fine, costs, or other assessments imposed by the court.

(6) An assessment required under subsection (5) shall be ordered upon the record, and shall be listed separately in the adjudication order, judgment of sentence, or order of probation.

(7) After reviewing a verified petition by a person against whom an assessment is imposed under subsection (5), the court may suspend payment of all or part of the assessment if it determines the person is unable to pay the assessment.

(8) The court that imposes the assessment prescribed under subsection (5) may retain 10% of all assessments or portions of assessments collected for costs incurred under this section and shall transmit that money to its funding unit. On the last day of each month, the clerk of the court shall transmit the assessments or portions of assessments collected under this section as follows:

(a) Twenty-five percent to the county sheriff or other investigating law enforcement agency that collected the DNA sample as designated by the court to defray the costs of collecting DNA samples.

(b) Sixty-five percent to the state treasurer for deposit in the justice system fund created in section 181 of the revised judicature act of 1961, 1961 PA 236, MCL 600.181.

(9) As used in this section:

(a) “DNA identification profile” and “DNA identification profiling” mean those terms as defined in section 2 of the DNA identification profiling system act, 1990 PA 250, MCL 28.172.

(b) “Investigating law enforcement agency” means the law enforcement agency responsible for the investigation of the offense for which the person is arrested or convicted. Investigating law enforcement agency includes the county sheriff but does not include a probation officer employed by the department of corrections.

(c) “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.

(d) “Sample” means a portion of a person’s blood, saliva, or tissue collected from the person.

Here’s what we say

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

Don’t talk to the police before, during or after your Miranda rights have been read without a lawyer present. If you do limit your information because what you say locks you into what you said. Just because you are not under arrest or being detained does not mean what you say will not be used against you.

Here is some information to review.

Don’t worry, a copy of your DNA has not been sent off to the Government Mountain Storage Facility for permanant storage out of view, or has it?

Legal Counsel and Your Rights

When facing legal challenges, particularly in criminal cases, it is advisable to seek legal counsel immediately.

An experienced attorney can provide guidance on how to navigate interactions with law enforcement while safeguarding your constitutional rights.

Since 1993 our expert legal defense in navigating criminal law matters and protecting your constitutional rights are what we eat for breakfast everyday.

Contact Komorn Law PLLC if you’re ready to fight and win.

Research us and then call us.

Tap to Call Komorn Law Now

More Rights You Should Know

A secured and safe vote thanks to new laws in Michigan

Governor Whitmer Signs Historic Election Bills Package to Ensure Every Vote Can be Cast and CountedIn Case You Missed It November 30, 2023 “Today, we are expanding voting rights and strengthening our democracy,” said Governor Whitmer. “Michiganders spoke clearly last...

SCOTUS Decision Gives Starbucks a Win in Labor Dispute

The decision underscored the principle that only activities that are essential and directly related to an employee's primary job responsibilities are subject to compensation. In a recent decision by the Supreme Court of the United States (SCOTUS), Starbucks received a...

Other Articles

House Bill 5105 – The MRTMA Shuffle

Michigan House Bill 5105 proposes new marijuana penalties and possession limits to combat illicit cannabis operations. Michigan’s Cannabis Laws Since Michigan legalized recreational marijuana in 2018, the state has worked to balance personal freedom with public...

Miranda v Arizona

Case Summary Miranda v. Arizona established that before police conduct custodial interrogation, they must advise suspects of their rights: the right to remain silent, that statements may be used against them, and the right to an attorney. These “Miranda warnings”...

Michigan Cannabis Tax Bill HB4951- Passed

In case you did not know...In September 2025, the Michigan Legislature passed House Bill 4951, known as the Comprehensive Road Funding Tax Act. This legislation introduces a significant change to the taxation of marijuana in Michigan, with implications for cannabis...

Don’t worry – There’s always a workaround

In case you did not know...The Michigan Supreme Court has ruled that the smell of marijuana alone is no longer sufficient probable cause for police to conduct a warrantless search of a vehicle. This decision overturns a previous precedent where the odor of marijuana...

Seven News Story Summaries – September 2025 (Part 1)

Seven Summaries of Seven News StoriesGovernor Issues Executive Directive on AI Use in State Agencies Between September 1–15, 2025, the Governor of Michigan issued an executive directive regulating the use of artificial intelligence in state agencies. The directive...

Viridis Labs Barred from Michigan’s Cannabis Industry

The Cannabis Regulatory Agency (CRA) has announced a landmark settlement, permanently banning three former law enforcement officials from participating in Michigan's cannabis market. The agreement mandates the immediate closure of Viridis Laboratories and its sister...

Appeals Court Reaffirms Strict One-Year Deadline for Suing the State of Michigan

Michigan Court of Appeals reiterated that there are no exceptions to the one-year deadline for filing lawsuits against the state of Michigan. Summary In a decision issued on July 30, 2025, the Michigan Court of Appeals reiterated that there are no exceptions to the...

Supreme Court Precedent Ignored by Lower Courts in Union Payment Cases

Should public employees retain the right to stop supporting a union, regardless of a prior written membership agreement, as guaranteed by the U.S. Supreme Court?In a concerning trend for individual worker rights, lower courts are reportedly ignoring a key U.S. Supreme...