Criminal procedure: DNA; post-conviction DNA testing; modify. Amends sec. 16, ch. X of 1927 PA 175 (MCL 770.16).
Impact
If enacted, SB1014 is expected to have a significant impact on the criminal justice system, particularly in promoting exoneration efforts for wrongfully convicted persons. By allowing for DNA testing under stipulated conditions, it potentially increases the likelihood of both revealing factual innocence and providing a basis for retrials. Additionally, it requires courts to consider the interests of justice when deciding such petitions, thereby introducing a more flexible and humane element to post-conviction procedures.
Summary
Senate Bill 1014 seeks to modify the existing provisions on post-conviction DNA testing in Michigan by amending section 16 of the Code of Criminal Procedure. This bill allows defendants convicted of felonies to petition for DNA testing on biological material identified during their investigation. Notably, it opens the door for those convicted before January 8, 2001 to also access this opportunity, aiming to enhance the possibility of justice for wrongfully convicted individuals. The bill establishes specific conditions under which petitioners may request DNA testing, including that the biological material must either not have been tested previously or must be tested with modern technology that provides more accurate results than prior methods used during the trial.
Contention
While the bill aims to enhance judicial fairness, it may be met with opposition concerning the implications of reopening cases and the impact on victims. Critics of such provisions often express concern that they could undermine the convictions achieved through previous legal processes, potentially causing distress to victims and their families. However, supporters argue that the chance of wrongful convictions, often revealed through advanced DNA technologies, necessitates these changes to uphold the integrity of the justice system.
Criminal procedure: sentencing; probation as sentence for certain immigration related criminal convictions; prohibit. Amends sec. 1, ch. XI of 1927 PA 175 (MCL 771.1).
Criminal procedure: sentencing; sunset on certain costs that may be imposed upon criminal conviction; modify. Amends sec. 1k, ch. IX of 1927 PA 175 (MCL 769.1k).
Criminal procedure: sentencing; sunset on certain costs that may be imposed upon criminal conviction; modify. Amends sec. 1k, ch. IX of 1927 PA 175 (MCL 769.1k). TIE BAR WITH: SB 0814'24
Modifying elements in the crimes of sexual exploitation of a child, unlawful transmission of a visual depiction of a child and breach of privacy, prohibiting certain acts related to visual depictions in which the person depicted is indistinguishable from a real child, morphed from a real child's image or generated without any actual child involvement, prohibiting dissemination of certain items that appear to depict or purport to depict an identifiable person, requiring affidavits or sworn testimony in support of probable cause to be made available to law enforcement, requiring the statement of facts sufficient to show probable cause justifying a search warrant to be made by a law enforcement officer, requiring that certain prior convictions be considered when bond is being set for certain sex offenses and specifying minimum requirements and conditions for such bond; relating to appearance bonds, requiring warrants for failure to appear to be given to sureties, allowing bond forfeiture to be set aside in certain circumstances and requiring remission in certain circumstances and prohibiting a compensated surety from making a loan for certain portions of the minimum appearance bond premium required.