DNA tests upon arrest for certain crimes, Michigan Senate to take up bill

Feb 4, 2013

The Michigan Senate Judiciary Committee is expected to take up a bill this week that would expand DNA testing in the state.

Senate Bill 105 would require people to provide a DNA sample when they are arrested for committing or attempting to commit a crime that is considered a felony or "for which the offender may be punished by imprisonment for more than one year."

Mich. Sen. Tonya Schuitmaker (R-Lawton)
Mich. Sen. Tonya Schuitmaker (R-Lawton)
Credit Tonya Schuitmaker

The bill was introduced by Sen. Tonya Schuitmaker (R-Lawton) last week.

Schuitmaker’s office says the bill would make DNA collection the same as fingerprint collection.

The sample and information from the sample could be destroyed if the charges are dropped or the person is found not guilty. To do so, the following would have to occur.

From the bill:

(a) The department receives a written request for disposal from the investigating police agency or prosecutor indicating that the sample or profile is no longer necessary for a criminal investigation or criminal prosecution.

(b) The department receives a written request for disposal and a certified copy of a final court order establishing that the charge for which the sample was obtained has been dismissed or has resulted in an acquittal or that no charge was filed within the applicable limitations period.

Currently, DNA samples are taken at the time of arrest only when people are arrested for violent felonies, such as murder.

Gov. Rick Snyder signed a bill in 2011 requiring all prisoners to submit a DNA test within three months of entering prison.