Effective July 1, 2015, the DNA Identification Profiling System Act, as amended by 2014 PA 457, greatly expands the collection of DNA identification samples to any person arrested for or attempting to commit any felony or an offense that would be a felony if committed by an adult. The Senate Fiscal Agency estimates that this will increase the number of collections from 3,000 samples annually to approximately 12,000.
The amendments prohibit a DNA sample from being forwarded if the person is not charged with committing or attempting to commit a felony. If the DNA sample is forwarded even if the person is not charged, the law enforcement agency must notify the State Police to destroy that sample.
The amendments further provide that at the time a DNA sample is taken, the person must be notified in writing of the following:
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The DNA sample must be destroyed if the charge was dismissed, no charge was filed, or the defendant was acquitted.
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The DNA sample will not be destroyed if the State Police determines that the individual is otherwise obligated to submit a sample or if it is evidence that would be retained for another reason.
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The burden is on the law enforcement agency/prosecution to request the destruction of a DNA sample.
Other amendments provide that if a sample was collected from a person who does not have more than one conviction, and that conviction is reversed by an appellate court, the individual no longer needs to petition the sentencing court to order the disposal of the DNA sample for that conviction. Instead the court is required to order the disposal of the sample. Finally, the amendments reinstate a $60 assessment for each individual found responsible for or convicted of a crime for which DNA sample collection is required.