Michigan 2023-2024 Regular Session

Michigan House Bill HB4635

Introduced
5/23/23  
Refer
5/23/23  

Caption

Juveniles: other; DNA fine for juveniles; eliminate. Amends sec. 6 of 1990 PA 250 (MCL 28.176).

Impact

If passed, HB4635 would result in significant changes to how DNA profiles from juveniles are managed under the law. It would eliminate financial barriers that could prevent juveniles from having their samples collected, promoting a more rehabilitative approach to juvenile justice. The bill aims to ensure that juveniles are treated appropriately regarding DNA collection and retention, while also providing that their profiles will not be retained permanently if the charges are dismissed or they are acquitted. This aligns with broader trends towards restoring the rights of juveniles within the justice system.

Summary

House Bill 4635 seeks to amend the DNA Identification Profiling System Act originally enacted in 1990. The core purpose of this bill is to eliminate the requirement for juveniles to pay a $60 assessment when a DNA sample is collected as part of their arrest for crimes defined under this act. This change acknowledges the distinct circumstances and rehabilitation potential of juvenile offenders, differing from adult penalties and financial burdens. The bill outlines provisions for the retention and disposal of DNA samples obtained from individuals charged with certain offenses, including felonies and specific misdemeanors.

Contention

Discussions surrounding HB4635 indicate a divide in public opinion, particularly concerning the implications of changing DNA retention policies for juveniles. Supporters argue that the bill acknowledges the need for fair treatment of young offenders who may not fully understand the consequences of their actions and who are on the path to rehabilitation. Critics may raise concerns about the potential for less accountability among juvenile offenders, advocating that the proposed changes could lead to difficulties in tracking repeat offenses. Ultimately, the bill aims to strike a balance between oversight in juvenile justice and the promotion of youth rehabilitation.

Companion Bills

No companion bills found.

Previously Filed As

MI SB0429

Juveniles: other; DNA fine for juveniles; eliminate. Amends sec. 6 of 1990 PA 250 (MCL 28.176). TIE BAR WITH: SB 0428'23, HB 4636'23, HB 4637'23

MI SB0431

Juveniles: other; juvenile sentenced as adult fee; eliminate. Amends sec. 1, ch. IX of 1927 PA 175 (MCL 769.1).

MI HB5842

Crimes: prostitution; references to prostitute and prostitution; modify in the DNA identification profiling system act. Amends sec. 6 of 1990 PA 250 (MCL 28.176).

MI HB4637

Juveniles: other; juvenile sentenced as adult fee; eliminate. Amends sec. 1, ch. IX of 1927 PA 175 (MCL 769.1). TIE BAR WITH: SB 0428'23, SB 0429'23, HB 4636'23

MI HB4634

Juveniles: other; juvenile fines, fees, and costs; eliminate. Amends secs. 2f, 18, 28 & 29, ch. XIIA of 1939 PA 288 (MCL 712A.2f et seq.); adds sec. 29a to ch. XIIA & repeals sec. 18m, ch. XIIA of 1939 PA 288 (MCL 712A.18m). TIE BAR WITH: HB 4635'23, HB 4636'23, HB 4637'23

MI HB5844

Crimes: prostitution; references to prostitute and prostitution; modify in the juvenile facilities act. Amends sec. 5a of 1988 PA 73 (MCL 803.225a). TIE BAR WITH: HB 5841'24

MI SB0428

Juveniles: other; juvenile fines, fees, and costs; eliminate. Amends secs. 2f, 18, 28 & 29, ch. XIIA of 1939 PA 288 (MCL 712A.2f et seq.); adds sec. 29a to ch. XIIA & repeals sec. 18m, ch. XIIA of 1939 PA 288 (MCL 712A.18m). TIE BAR WITH: SB 0421'23, SB 0429'23, HB 4628'23, HB 4633'23, HB 4636'23, HB 4637'23

MI HB5838

Juveniles: criminal procedure; expunction of crimes resulting from being a victim of human trafficking; expand. Amends sec. 18e, ch. XIIA of 1939 PA 288 (MCL 712A.18e).

MI HB5843

Crimes: prostitution; references to prostitute and prostitution; modify in the probate code of 1939. Amends secs. 2, 13a & 18k, ch. XIIA of 1939 PA 288 (MCL 712A.2 et seq.). TIE BAR WITH: HB 5841'24

MI HB6028

Juveniles: criminal procedure; concurrent jurisdiction over juveniles on military installations; provide for. Amends sec. 2, ch. XIIA of 1939 PA 288 (MCL 712A.2).

Similar Bills

MI SB0429

Juveniles: other; DNA fine for juveniles; eliminate. Amends sec. 6 of 1990 PA 250 (MCL 28.176). TIE BAR WITH: SB 0428'23, HB 4636'23, HB 4637'23

MI HB5842

Crimes: prostitution; references to prostitute and prostitution; modify in the DNA identification profiling system act. Amends sec. 6 of 1990 PA 250 (MCL 28.176).

MI SB0689

Weapons: other; purchase and possession of stun guns; allow for individuals over age 21. Amends sec. 224a of 1931 PA 328 (MCL 750.224a).

MI HB5475

Health facilities: county medical care facilities; the social welfare act; amend to reflect amendments to the public health code. Amends secs. 55, 66a, 109 & 109e of 1939 PA 280 (MCL 400.55 et seq.). TIE BAR WITH: HB 5477'24

MI HB6241

Controlled substances: schedules; classification of marihuana and pharmaceutical-grade cannabis as a controlled substance; remove. Amends secs. 7106, 7208, 7212, 7214, 7303, 7401, 7401c, 7403, 7404, 7410, 7411, 7413, 7416, 7451, 8105, 8109, 8111, 8154, 8501, 8503 & 18817 of 1978 PA 368 (MCL 333.7106 et. seq.).

MI HB4138

Weapons: firearms; license or background check for purchase of firearms; require. Amends secs. 1, 2, 2a, 2b, 12 & 14a of 1927 PA 372 (MCL 28.421 et seq.).

MI SB0076

Weapons: firearms; license or background check for purchase of firearms; require. Amends secs. 2, 2a, 2b, 12 & 14a of 1927 PA 372 (MCL 28.422 et seq.).

MI HB5710

Criminal procedure: sentencing; mandatory sentencing for certain crimes in the public health code; require. Amends secs. 7340c, 7401, 7401c, 7402, 7403, 7404, 7405, 7406, 7410 & 17766c of 1978 PA 368 (MCL 333.7340c et seq.).