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MI HB5561

Bill

Status

Introduced

5/8/2014

Primary Sponsor

David Nathan

Click for details

Origin

House of Representatives

97th Legislature

AI Summary

  • Establishes "Laura's Law" requiring preservation of biological evidence in felony cases by persons or entities responsible for evidence storage and preservation.

  • For convicted felons, biological evidence must be retained until expiration of the later of: any imprisonment term, probation or parole term, or sex offender registration requirement under 1994 PA 295.

  • For unconvicted individuals, retention periods vary by felony severity: 55 years for life felonies, 45 years for 20+ year felonies, 35 years for 10-20 year felonies, and 20 years for felonies under 10 years (or until statute of limitations expires, whichever is later).

  • Allows immediate disposal of biological evidence after notification to the convicted person, attorneys of record, and state attorney general if no one requests continued retention within 90 days and no legal challenge or other proceeding requires the evidence.

  • Defines biological evidence to include DNA-containing materials such as sexual assault kits, blood, semen, body fluids, hair, skin tissue, and items in contact with such materials, which must be retained in manner allowing reliable DNA testing.

Legislative Description

Criminal procedure; evidence; certain requirements for retention of evidence; establish. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 23 to ch. XVI.

Criminal procedure, evidence

Last Action

Printed Bill Filed 05/09/2014

5/13/2014

Committee Referrals

Criminal Justice5/8/2014

Full Bill Text

No bill text available