Michigan House Bill HB4635

Michigan 2023-2024 Regular Session

• Introduced: 5/23/23
• Refer: 5/23/23
• Report Pass: 9/19/23

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House Bill 4635 seeks to amend the DNA Identification Profiling System Act originally enacted in 1990.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.