Michigan Senate Bill SB0429

Michigan 2023-2024 Regular Session

• Introduced: 6/28/23
• Refer: 6/28/23
• Report Pass: 10/3/23
• Refer: 10/3/23
• Report Pass: 10/11/23
• Engrossed: 10/12/23
• Refer: 10/12/23
• Report Pass: 10/24/23
• Enrolled: 11/9/23
• Chaptered: 12/29/23
• Passed: 12/29/23

Caption

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

Impact

If enacted, this bill would have significant implications for state laws relating to the collection and retention of DNA samples. It emphasizes the retention of DNA profiles while also adding provisions for disposal under certain circumstances. Specifically, it establishes protocols for when DNA profiles must be destroyed, thus striking a balance between law enforcement objectives and individual rights. Furthermore, the bill extends to juvenile offenders, indicating a tailored approach to differing legal treatments across age groups, with specific assessments outlined for those found responsible for offenses.

Summary

Senate Bill 429 amends the existing legislation concerning the DNA identification profiling system in Michigan, specifically focusing on the collection and retention of DNA samples from individuals who are arrested or convicted of certain offenses. The bill seeks to ensure that DNA identification profiles are permanently retained if the individual has been arrested for, or convicted of, a felony, as well as several specified misdemeanors related to sexual conduct. This amendment is part of a broader effort to enhance public safety and streamline criminal justice processes within the state.

Sentiment

The general sentiment surrounding SB 429 appears to be cautiously supportive among lawmakers, with an acknowledgment of the necessity for enhanced crime-fighting tools through DNA identification. However, there are concerns regarding the implications for privacy and the potential for abuse in the handling of sensitive genetic information. Discussions in legislative committees suggest a degree of polarization, with some advocates emphasizing the increased safety for communities through better identification methods, while critics raise valid questions about civil liberties and the treatment of juveniles in the criminal justice system.

Contention

Notable points of contention include the provision regarding juvenile assessments, which has raised debates about whether young offenders should be subjected to the same DNA retention policies as adults. Critics argue that this could lead to negative long-term consequences for juveniles who may not fully understand the implications of having their DNA retained. Proponents, on the other hand, argue that ensuring that DNA from juvenile offenders is properly managed is essential for public safety and solving crimes. The tension between the need for effective law enforcement and the protection of individual rights remains a focal point of the bill's discussion.