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MI SB1083
Bill
AI Summary
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Establishes procedures allowing individuals to request destruction or expunction of DNA samples and profiles if charges are dismissed, result in acquittal, or no charge is filed within the applicable statute of limitations.
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Shifts burden of proof to the individual to request destruction, except when law enforcement or prosecution fails to request destruction and the individual requests it if no charges were filed within limitations period.
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Requires courts to grant motions for DNA destruction/expunction unless the sample is otherwise required by law to be retained, with certified court orders forwarded to prosecution, law enforcement, and the department.
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Maintains permanent retention of DNA profiles for individuals arrested for or convicted of felonies and specific misdemeanors (disorderly person, indecent exposure, prostitution-related offenses).
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Imposes $60 assessment on individuals convicted of or found responsible for listed crimes, with 25% going to investigating law enforcement agency and 65% to state justice system fund, effective 90 days after enactment.
Legislative Description
Law enforcement; records; procedure for destruction or expunction of a DNA sample or DNA identification profile; modify under certain circumstances. Amends sec. 6 of 1990 PA 250 (MCL 28.176).
Law enforcement: other
Last Action
Referred To Committee On Judiciary
9/20/2016