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HB 5842

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).

2023-2024 Regular Session Introduced by Kelly Breen and 18 co-sponsors

HB 5842 requires permanent retention of DNA profiles for felonies or certain convictions/arrests and expands which offenses trigger retention, with notices and modest funding provi

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Bill Summary · HB 5842

Summary — HB 5842 (2024-2025): Amend DNA Identification Profiling System Act (MCL 28.176)

Purpose

HB 5842 amends section 6 of the DNA Identification Profiling System Act (1990 PA 250) to expand which arrests/convictions require permanent retention of a person’s DNA identification profile and to align certain offense references with redrafted prostitution-related offenses (now described as “commercial sexual activity”).

Key provisions

  • Amends MCL 28.176(1) to require permanent retention of an individual’s DNA profile when:
    • (a) the individual is arrested for a felony (or an offense that would be a felony if committed by an adult); or
    • (b) the individual is convicted of or found responsible for a felony or attempted felony, or certain enumerated misdemeanors (or substantially corresponding local ordinances). The listed misdemeanors include:
    • MCL 750.167(1)(c),(f),(i) (disorderly person by window peeping, indecent or obscene conduct in public, or loitering in a house of ill fame — updated to reference places where commercial sexual activity is practiced or allowed);
    • MCL 750.335a(1) (indecent exposure);
    • MCL 750.451(1)–(2) (first and second offenses for prostitution — updated to “commercial sexual activity”);
    • MCL 750.454 (leasing/renting a house/room/vehicle for prostitution — updated to commercial sexual activity).
  • Limits on disclosure: retained DNA profiles may be disclosed only to criminal justice agencies for identification, in judicial proceedings as authorized, to a defendant if used with a charge, or for de-identified academic/research purposes.
  • Collection and handling rules: samples to be collected in a medically approved manner by qualified personnel using department-supplied kits; procedures for forwarding to the State Police are detailed. If a sample is forwarded mistakenly (when no charge exists), the agency must notify the department to destroy it.
  • Notice requirements: individuals sampled must receive written notice regarding conditions under which samples/profiles will be destroyed or expunged, and that the burden to request destruction/expunction lies with the arresting agency/prosecution.
  • Assessment and distribution of revenues:
    • Courts must impose a $60 assessment on individuals convicted/ found responsible for listed crimes (in addition to other penalties).
    • Beginning Oct. 1, 2024, the assessment does not apply to juveniles within probate court jurisdiction.
    • The court may retain 10% for costs; monthly remittances: 25% to the county sheriff or investigating agency; 65% to the state justice system fund.

Who is affected

  • Individuals arrested for felonies and those convicted of felonies or specified misdemeanors (including updated commercial sexual activity offenses) — their DNA profiles may be permanently retained.
  • Law enforcement agencies and counties (collection responsibilities and receipt of a portion of assessments).
  • State Police forensic lab (expanded database management and retention obligations).
  • Courts (assessment imposition, recordkeeping, and potential requests to destroy/expunge).

Procedural status & timeline

  • Introduced: June 25, 2024 (Rep. Tyrone Carter et al.).
  • Passed House: Dec. 11, 2024 (immediate effect).
  • Referred to Committee on Government Operations: Dec. 18, 2024.
  • Additional referral noted to Joint Committee on Appropriations: Jan. 22, 2025.
  • Amends Sec. 6 as last amended by 2023 PA 302; the version passed by the House includes a SCS (substitute).

Potential impacts / considerations

  • Expands the set of misdemeanors that trigger permanent retention, which could increase the number of profiles in the database.
  • Raises modest revenue via the $60 assessment to offset collection and system costs; allocation specified.
  • Includes procedural protections (notice, expungement/destruction pathways) but places the administrative burden on agencies/prosecutors to request destruction/expunction when appropriate.

Notes: HB 5842 is part of a package of bills that reframe prostitution-related offenses as “commercial sexual activity” and revise related criminal statutes.

Compiled from official sources — confirm details with the bill’s official record.

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