HB 5017 — Summary (DNA Identification Profiling System Act; Sec. 6, MCL 28.176)
Status & Procedural Notes
- Bill: HB 5017 (amends 1990 PA 250, “DNA identification profiling system act,” sec. 6 — MCL 28.176; as amended by 2023 PA 302).
- Introduced: September 18, 2025 (Rep. Tyrone Carter et al.). Read first time and referred to Committee on Judiciary.
- Tie-bar: HB 5016'25. Companion: SB 1791.
Purpose / Intent
- To revise who must have DNA identification profiles permanently retained by the State (department), including updating references to prostitution-related offenses and clarifying collection, retention, disclosure, and fee procedures connected to samples and profiles.
Key Provisions
- Permanent retention trigger: The department must permanently retain a person’s DNA identification profile obtained under the Act when any of the following apply:
- The individual is arrested for committing or attempting a felony (or an offense that would be a felony if committed by an adult).
- The individual is convicted of or found responsible for a felony or certain enumerated misdemeanors (or substantially corresponding local ordinances). The misdemeanors listed include:
- Window peeping / engaging in indecent or obscene conduct in public / loitering in a place where commercial sexual activity is practiced, encouraged, or allowed (statutory cross-reference to MCL 750.167 subsections).
- Indecent exposure (MCL 750.335a(1)).
- First- and second-degree prostitution/commercial sexual activity violations (MCL 750.451(1) & (2)).
- Leasing/renting a house, room, or vehicle for purposes of prostitution/commercial sexual activity (MCL 750.454).
- Collection & transmission:
- County sheriffs or investigating law enforcement agencies must collect samples in a medically approved manner using department supplies, and forward samples after arraignment (or after the individual is charged with/attempting a felony).
- If a sample is collected but the individual is not charged with a felony (or would-be felony), the agency must notify the department to destroy the sample.
- Individuals must receive written notice at collection explaining retention/destruction rules, that it is the agency/prosecution’s burden to request destruction/expungement, and exceptions.
- Disclosure limits: Profiles may be disclosed only to criminal justice agencies for identification, in judicial proceedings as authorized, to criminal defendants when used against them, and for anonymized research/statistical/protocol development.
- Fees / assessments:
- Courts must order each individual found responsible for or convicted of one or more listed crimes to pay a $60 assessment (not applicable to juveniles).
- Collection/distribution of assessments:
- Court may retain 10% for costs; the clerk transmits on month-end:
- 25% to the county sheriff or investigating agency (to defray collection costs).
- 65% to the state treasurer for deposit in the justice system fund (MCL 600.181).
- Courts may suspend payment (in whole or part) if an individual demonstrates inability to pay.
- Expungement / reversal:
- If a person has only one conviction and that conviction is reversed on appeal, the sentencing court must order disposal of the sample/profile as provided elsewhere in the statute.
- Non-permanent retention: DNA profiles obtained for other purposes must not be permanently retained and are to be kept only as long as needed for the investigation/prosecution.
Who Is Affected
- Individuals arrested for felonies (or would-be felonies) and persons convicted/found responsible for felonies or the enumerated misdemeanors (including prostitution/commercial sexual activity related offenses).
- County sheriffs, investigating law enforcement agencies, courts, clerks, and the Department of State Police (department) — responsible for collection, forwarding, destruction requests, and recordkeeping.
- State treasury and local law enforcement receive portions of the $60 assessments.
Potential Impact / Considerations
- Expands/clarifies retention obligations tied to prostitution-related offenses by using the term “commercial sexual activity” and mapping several misdemeanors to permanent profile retention.
- Imposes a modest $60 assessment to fund collection and the justice system fund; courts retain discretion to suspend for inability to pay.
- Emphasizes procedural safeguards (written notice, destruction when charges dismissed/acquittal or reversal, and limits on disclosure).
For full statutory language, see the introduced House bill amending MCL 28.176.
