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

Carrying a Concealed Weapon in Michigan

Carrying a concealed weapon (CCW) in Michigan without proper authorization is a crime.Carrying a concealed weapon (CCW) in Michigan without proper authorization can lead to serious criminal charges. Michigan law has strict regulations regarding firearms, and violating...

The US Supreme Court and Federal Gun Law Cases

The US Supreme Court and Federal Gun Law CasesChallenges to Federal Gun Laws the right of the people to keep and bear Arms, shall not be infringed Updated July 8, 2024 Ratified in 1791, the Second Amendment provides, “A well regulated Militia, being necessary to the...

Other Articles

People who are going to need a Lawyer – November 12, 2024

People who are going to need a LawyerMan so drunk field sobriety tests were ‘too dangerous’ sentenced to life in prison for repeated DWI convictions‘Several terabytes’: Diddy prosecutors shed light on ‘voluminous’ discovery, including iCloud accounts and dozens of...

Cambridge Analytica data breach comes before court

Oral arguments in Facebook v. Amalgamated Bank will beginThe justices are set to review securities law as they hear arguments in a significant case linked to the 2015 data breach involving Cambridge Analytica and Facebook. The tech giant’s effort to fend off federal...

Search and Seizure – Consent or Plain view

The Fourth Amendment was established to protect individuals from unreasonable searches and seizures, yet there are exceptions.In Michigan, understanding the concepts of search and seizure, particularly regarding consent and plain view, is crucial for both law...

Using a computer to commit a crime – The latest add on charges

FRAUDULENT ACCESS TO COMPUTERS, COMPUTER SYSTEMS, AND COMPUTER NETWORKS (EXCERPT)Act 53 of 1979752.796 Use of computer program, computer, computer system, or computer network to commit crime. Sec. 6. (1) A person shall not use a computer program, computer,...

A drunk driving investigation, a car wreck and a blood draw

A Case Summary: People v. Blake Anthony-William BartonOn October 11, 2024, the Michigan Court of Appeals issued a decision in the case People of the State of Michigan v. Blake Anthony-William Barton. The case involved a drunk driving investigation following a car...

Police say they can tell if you are too high to drive

Police say they can tell if you are too high to drive. Critics call it ‘utter nonsense’Haley Butler-Moore sped up to pass a semi on the highway when she suddenly saw the police lights. She’d left Albuquerque hours earlier, heading to a Halloween party in Denver. Tired...

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...

Cannabis – The Rise and Fall and Trail of Survivors Pile Up

Thieves make off with 1,000 pounds of premium flower in cannabis from a corporate grower in Michigan. Then, the GM sells off 650+ pounds to pay employees.The recent theft of over 1,000 pounds of marijuana from 305 Farms, a corporate cannabis grower in West Michigan,...