Administering Entity
Michigan State Police DNA Identification Laboratory
No program or law found.
Arrestees: Yes. Booking Station Rapid Ready, Qualifying Crimes: Felonies (including attempts) and offenses that would be felonies if committed by an adult.
Time of Collection: Collected after arrest but before sentencing or disposition.
Expungement: Except as otherwise provided by law, the person’s DNA sample and/or identification profile must be destroyed or expunged, as appropriate, within 60 days after receipt of documentation showing the underlying charge was dismissed or ended in acquittal, or that no charge was filed within the limitations period. 2024 update: 2023 P.A. 302 (effective October 1, 2024) requires written notice at collection, bars forwarding arrestee samples to the State Police unless a felony charge is filed, and places the destruction burden on the arresting agency and prosecution rather than the individual.
Statutes / Case Law
Mich. Comp. Laws §§ 28.171-28.176 DNA Identification profiling system Act
Mich. Comp. Laws Ann. § 712A.18k DNA identification profiling; providing samples for chemical testing; assessment; forwarding to department of state police; definitions
Mich. Admin. Code r. § 28.5051 –28.5059 DNA Profiling System
People v. Clay, No. 339659, 2019 WL 137149, at *5 (Mich. Ct. App. Jan. 8, 2019) (“Applying these statutory provisions to the circumstances here demonstrates that defendant’s DNA was not unlawfully retained. Defendant was charged with Larceny from a Person on or about May 11, 2016 and his DNA was lawfully collected per MCL 28.176(1)(a), at the time of his arrest. Defendant’s DNA was forwarded to the department after his arrest, but before conviction. On May 24, 2016, the Larceny from a Person charge was dismissed. On July 18, 2016, CODIS operators found an association or ‘hit’ in the database between the DNA profile taken from Chelsea’s leotard and defendant’s DNA entered from the larceny charge. The total number of days between May 24, 2016 and July 18, 2016 was 55. This period of retention was not in violation of the statute because 55 days was within the 60 days statutorily allotted for the prosecutor to object to the dismissal and retain the DNA.”)
People v. Cole, 2024 WL 5172269 (Mich. Ct. App. Dec. 19, 2024) (confirming that the expungement requirement applies even if the defendant pleads to non-qualifying lesser offenses once the qualifying charge is dismissed).
Convicted Offender: Yes.
Qualifying Crimes: Felonies (including attempts) for adults and juveniles alike, plus enumerated misdemeanors: window peeping (disorderly person); engaging in indecent or obscene conduct in public; loitering in a house of ill fame or prostitution; indecent exposure; first and second prostitution violations; and leasing a house for purposes of prostitution. Also covered: every prisoner serving a sentence in a state correctional facility and every probationer placed in a special incarceration program.
Time of Collection: No later than 90 days after the date the prisoner or probationer is committed to prison or probation.
Expungement: Where the person has no more than one conviction and an appellate court reversed it, the sentencing court must order disposal of the sample and DNA identification profile for that conviction. The sample and/or profile must likewise be destroyed or expunged, as appropriate, where the underlying charge was dismissed or ended in acquittal, or no charge was filed within the limitations period.
Statutes / Case Law
Mich. Comp. Laws §§ 28.171-28.176 DNA Identification profiling system Act
Mich. Comp. Laws Ann. § 712A.18k DNA identification profiling; providing samples for chemical testing; assessment; forwarding to department of state police; definitions
Mich. Comp. Laws Ann. § 791.233d Samples for DNA Identification Profiling
Mich. Admin. Code r. 28.5051 –28.5059 DNA Profiling System
Legislative History
- SB 469 of 1989 → Public Act 250 of 1990, effective June 17, 1994. Created the DNA Identification Profiling System Act from scratch, establishing the database and the initial collection requirements. Part of a three-bill package with SB 470 and SB 471 of 1989.
- HB 5912 of 1996 → Public Act 508 of 1996, signed January 7, 1997, effective January 9, 1997. Expanded the collection mandate to cover conviction or adjudication for certain homicide offenses, revised collection procedures, and eliminated the act’s advisory committee. Tied to HB 5913 and HB 5914 of 1996. Passed the House 93-10 and the Senate 34-2.
- SB 1190 of 1998 → Public Act 522 of 1998, signed and effective January 12, 1999. A narrow technical amendment updating references to the “county juvenile agency” within the DNA profiling act, carried as part of a broader juvenile court reform package.
- SB 105 of 2013 → Public Act 457 of 2014, signed January 10, 2015, effective July 1, 2015. The most significant expansion — added the arrest-based collection mandate, requiring samples from individuals arrested for or charged with a felony rather than only from those convicted. Tied to SB 106 and SB 107 of 2013. Passed the Senate 37-0 and the House 92-17.
- SB 429 of 2023 → Public Act 302 of 2023, approved by the Governor December 12, 2023, filed December 13, 2023, effective October 1, 2024. Amended section 6 (MCL 28.176), as last amended by 2018 PA 310, to tighten the safeguards around arrest-based collection. It bars forwarding an arrestee’s sample to the department unless the individual has actually been charged with a felony or felony-equivalent offense, requires the law enforcement agency to notify the department to destroy any sample forwarded in error, and requires written notice at the time of collection that the sample and profile must be destroyed or expunged if the charge is dismissed, results in acquittal, or no charge is filed within the limitations period. Critically, it places the burden of requesting destruction or expunction on the arresting agency and the prosecution, not on the individual.
No program or law found.
No program or law found.
For Lawfully Owed DNA, Michigan Department of Corrections, back in 2011, did conduct a collection of 5,000 lawfully owed inmate samples. The collected samples linked the inmates to 74 additional unsolved crimes.
No program or law found.