7.11DNA (Deoxyribonucleic Acid)

A.DNA Identification Profiling System Act
(DNA Profiling Act)

This section contains a very brief discussion of the DNA Identification Profiling System Act (DNA Profiling Act), MCL 28.171 et seq. For a comprehensive discussion of this topic, see the Michigan Judicial Institute’s Evidence Benchbook, Chapter 4.

Among other requirements and provisions, the DNA Profiling Act facilitates the collection of a DNA sample:

•by the department of corrections from prisoners incarcerated in a state correctional facility and from probationers placed at an SAI (Special Alternative Incarceration) program, MCL 28.173(a)(i);¹ 

•by the county sheriff or the investigating law enforcement agency from individuals arrested for committing or attempting to commit a felony or certain juveniles arrested for an offense that would be a felony if committed by an adult, MCL 28.173(a)(ii);²

•by the county sheriff or the law enforcement agency from individuals convicted of or found responsible for a felony, attempted felony, or any of the enumerated misdemeanors or substantially corresponding local ordinances (e.g., indecent exposure and offenses involving prostitution, etc.), MCL 28.173(a)(ii);³

•by the department of health and human services (DHHS) or a county juvenile agency from a juvenile who is a public ward under a youth agency’s jurisdiction and who meets the criteria set out in MCL 803.307a(1)(a) or MCL 803.307a(1)(b), MCL 28.173(a)(iii); and

•by DHHS or a county juvenile agency from a juvenile who is under the supervision of DHHS or a county juvenile agency and who meets the criteria set out in MCL 803.225a(1)(a) or MCL 803.225a(1)(b), MCL 28.173(a)(iii).

The DNA Profiling Act also sets out requirements for the collection of samples, the permissible use of collected DNA samples, the disclosure and retention of DNA profiles, and the proper disposal of DNA profiles. See MCL 28.173(a), MCL 28.175, and MCL 28.176(1).

B.DNA (Deoxyribonucleic Acid) Testing and Admissibility

A discussion of the scientific methods involved in DNA testing and the admissibility at trial of DNA test results is beyond the scope of this benchbook. For a comprehensive discussion about DNA testing and admissibility, see the Michigan Judicial Institute’s Evidence Benchbook, Chapter 4. For a detailed discussion of DNA testing in general, see the Federal Bureau of Investigation, Handbook of Forensic Services.⁴