Bill
HB 5844
Requires juveniles convicted of listed offenses to provide DNA profiling and secretor-status samples before placement or discharge, with a $60 assessment.
Status & key dates
- House introduced: June 25, 2024 (Rep. Jenn Hill)
- Passed House: December 11, 2024 (Roll Call #427; 56–53), later recorded as passed with immediate effect December 18, 2024
- Referred to: Committee on Government Operations (12/18/2024); later referred to Joint Committee on Appropriations (1/22/2025)
- Effective date: 90 days after enactment, but the bill’s effect is conditioned on enactment of related legislation (House Bill 5841 / corresponding Senate bill) per its enacting provisions.
Purpose / intent
HB 5844 amends section 5a of the Juvenile Facilities Act (1988 PA 73, MCL 803.225a) to (1) update offense references in the statute (replacing older "prostitution" language with the broader term “commercial sexual activity” where applicable) and (2) require collection of DNA identification samples and determination of secretor status from certain juveniles before community placement or discharge from wardship.
Key provisions
- DNA/sample collection requirement: A juvenile under department or county juvenile-agency supervision must not be placed in any community placement or discharged from wardship until the juvenile has provided:
- Samples for chemical testing for DNA identification profiling (per the DNA Identification Profiling System Act, 1990 PA 250, MCL 28.171–28.176), and
- Samples to determine secretor status.
- Offenses triggering collection: The requirement applies if the juvenile was found responsible for or convicted of enumerated offenses, which include a list of specified felonies, sexual offenses, and certain misdemeanors. HB 5844 updates that list to refer to offenses involving “commercial sexual activity” (e.g., prostitution-related provisions retitled to commercial sexual activity) and related statutory provisions such as indecent exposure, enticing a child for immoral purposes, certain sexual assault provisions, and specified prostitution-related offenses.
- Existing samples: If a qualifying law enforcement agency or the State Police already possesses a sample meeting the DNA profiling system requirements at the time of conviction/adjudication, the juvenile need not provide another sample or pay the assessment fee.
- Collection mechanics and authority:
- Samples must be collected by the department or county juvenile agency and transmitted to the Department of State Police as prescribed by the DNA profiling statute.
- Agencies may collect the sample regardless of juvenile consent; no pre-collection hearing or court order is required.
- Disclosure limits: DNA profiles obtained under this section are restricted to (a) criminal justice agencies for law enforcement identification; (b) use in authorized judicial proceedings; (c) disclosure to a criminal defendant if used against the defendant; and (d) de-identified academic/research uses.
- Assessment: A juvenile found responsible for or convicted of one or more listed crimes must pay an assessment of $60. Collected assessments are transmitted to the Department of Treasury for the State Police Forensic Science Division to offset DNA profiling and retention costs.
- Definitions: “Sample” is defined to include a portion of blood, saliva, or tissue. “Felony” retains its statutory meaning.
Who is affected
- Juveniles under state or county juvenile supervision who are convicted of or found responsible for the enumerated offenses — including updated provisions referring to commercial sexual activity — will be required to submit DNA and secretor-status samples and to pay a $60 assessment (unless an acceptable sample already exists).
- Juvenile agencies and the Department of State Police are responsible for sample collection, transmission, storage, and use consistent with the DNA profiling law.
- The change to offense terminology (prostitution → commercial sexual activity) aligns Juvenile Facilities Act language with companion criminal-code updates in the legislative package.
Procedural/contingency notes
- The bill contains an enactment condition: it does not take effect unless House Bill 5841 (or a specified Senate bill) of the same legislative package is enacted.
- This bill was passed by the House and has been referred to additional committees in the Senate and appropriations process for further consideration and fiscal review.
Compiled from official sources — confirm details with the bill’s official record.
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