SENATE BILL No. 1387

 

 

June 17, 2008, Introduced by Senators WHITMER, PAPPAGEORGE, BASHAM, SWITALSKI, KUIPERS, GLEASON and HARDIMAN and referred to the Committee on Judiciary.

 

 

 

     A bill to amend 1990 PA 250, entitled

 

"DNA identification profiling system act,"

 

by amending section 3a (MCL 28.173a), as added by 2001 PA 88.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 3a. (1) An individual required by law to provide samples

 

for DNA identification profiling who refuses to provide or resists

 

providing those samples is guilty of a misdemeanor punishable by

 

imprisonment for not more than 1 year or a fine of not more than

 

$1,000.00, or both. The individual shall be advised that his or her

 

resistance or refusal to provide samples described in this

 

subsection is a misdemeanor.

 

     (2) If at the time an individual who is required by law to

 

provide samples for DNA identification profiling is convicted the

 


investigating law enforcement agency or the department already has

 

a sample from the individual that meets the requirements of the

 

rules promulgated under this act, the individual is not required to

 

provide another sample. However, if an individual's DNA sample is

 

inadequate for purposes of analysis, the individual shall provide

 

another DNA sample that is adequate for analysis.