Crimes: prostitution; references to prostitute and prostitution; modify in the youth rehabilitation services act. Amends sec. 7a of 1974 PA 150 (MCL 803.307a).

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

Replaces consent with mandatory DNA and secretor-status sampling for public ward youths convicted of listed offenses, sent to MSP, with a $60 fee, contingent on HB 5841.

REFERRED TO COMMITTEE ON GOVERNMENT OPERATIONS

#crimes:prostitution #juveniles:crimes

Summary — HB 5845 (Youth Rehabilitation Services Act amendment)

Status: Passed House (Dec 11, 2024); transmitted to Senate; referred to Committee on Government Operations (Dec 18, 2024) and to Joint Appropriations (Jan 22, 2025). If enacted, takes effect 90 days after enactment — but provisionally does not take effect unless House Bill 5841 (related revisions regarding “commercial sexual activity”) is also enacted.

Purpose

Amends section 7a of the Youth Rehabilitation Services Act (1974 PA 150, MCL 803.307a) to require DNA (and secretor-status) sample collection from public wards (youth under a youth agency’s jurisdiction) who are convicted of, or found responsible for, specified crimes. The bill also updates certain offense references to align with related bills that replace the term “prostitution” with “commercial sexual activity.”

Key provisions

Mandatory DNA/sample collection: A public ward may not be placed in community placement or discharged from wardship until the youth has provided samples for DNA identification profiling and for determination of secretor status if any of the listed conditions apply.

Offenses triggering collection: Applies when the ward has been found responsible for, or convicted of, specified Michigan Penal Code offenses, including (examples):

Sexual-offense sections (e.g., MCL 750.520b–520g and related sexual assault statutes)
Indecent exposure (MCL 750.335a)
Enticing a child for immoral purposes (MCL 750.145a)
Offenses currently coded for prostitution (MCL 750.451, 750.454, 750.462) updated to reference “commercial sexual activity” consistent with companion bills
Local ordinances substantially corresponding to the listed state offenses

Sample collection and transmission: Youth agency collects samples (blood, saliva, or tissue) and transmits them to the Michigan State Police per the DNA Identification Profiling System Act (1990 PA 250, MCL 28.171–28.176).

No consent or hearing required: The youth agency may collect samples regardless of the ward’s consent and without providing a hearing or court order.

Existing samples: If an investigating agency or MSP already possesses an acceptable sample, no new sample or fee is required.

Fee/assessment: A public ward found responsible or convicted of one or more listed crimes must pay a $60 assessment. The department will forward proceeds to the Department of Treasury for transfer to the State Police Forensic Science Division to defray DNA profiling/retention costs.

Disclosure limits: DNA profiles collected under this section may be disclosed only to criminal justice agencies (for law enforcement identification), in court proceedings where authorized, to criminal defendants if used in the case, or for anonymized academic/research purposes.

Who is affected

Public wards (juveniles under youth-agency jurisdiction) convicted of or found responsible for the specified offenses.

Youth agencies (responsible for collection/transmission).

Michigan State Police (receives and stores DNA profiles).

Departments (Treasury, Justice) for fee handling.

Potential privacy and civil‑liberty stakeholders, given mandatory, nonconsensual DNA collection and retention.

Procedural/timing notes

The bill is tied to related statutory changes (House Bill 5841) that broadly redefine prostitution-related terms as “commercial sexual activity”; HB 5845 will not take effect unless HB 5841 (or a corresponding Senate bill) is enacted.

Effective date: 90 days after enactment (subject to the contingency above).