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transmitting samples; existing DNA identification profile; assessment; definitions.
 Sec. 520m.
    (1) A person shall provide samples for chemical testing for DNA identification profiling or a
 determination of the sample's genetic markers and shall provide samples for chemical testing
 if any of the following apply:
    (a) The individual is arrested for committing or attempting to commit a felony offense or an
 offense that would be a felony if committed by an adult.
    (b) The person is convicted of, or found responsible for, a felony or attempted felony, or any
 of the following misdemeanors or local ordinances that are substantially corresponding to the
 following misdemeanors:
    (i) A violation of section 167(1)(c), (f), or (i), disorderly person by window peeping,
 engaging in indecent or obscene conduct in public, or loitering in a house of ill fame or
 prostitution.
    (ii) A violation of section 335a(1), indecent exposure.
    (iii) A violation punishable under section 451(1) or (2), first and second prostitution
 violations.
    (iv) A violation of section 454, leasing a house for purposes of prostitution.
    (2) Notwithstanding subsection (1), if at the time the person is arrested for, convicted of, or
 found responsible for the violation the investigating law enforcement agency or the
 department of state police already has a sample from the person that meets the requirements of
 the DNA identification profiling system act, 1990 PA 250, MCL 28.171 to 28.176, the person
 is not required to provide another sample or pay the assessment required under subsection (5).
    (3) The county sheriff or the investigating law enforcement agency shall collect and
 transmit the samples in the manner required under the DNA identification profiling system act,
 1990 PA 250, MCL 28.171 to 28.176.
    (4) An investigating law enforcement agency, prosecuting agency, or court that has in its
 possession a DNA identification sample obtained from a person under subsection (1) shall
 forward the DNA identification sample to the department of state police after the person from
 whom the sample was taken has been charged with committing or attempting to commit a
 felony offense or an offense that would be a felony if committed by an adult unless the
 department of state police already has a DNA identification profile of the person.




                                                                    Michigan Compiled Laws Complete Through PA 91 of 2026
Rendered Sunday, September 6, 2026             Page 424 of 465                               Courtesy of legislature.mi.gov

    (5) The court shall order each person found responsible for or convicted of 1 or more crimes
 listed in subsection (1) to pay an assessment of $60.00. The assessment required under this
 subsection is in addition to any fine, costs, or other assessments imposed by the court.
    (6) An assessment required under subsection (5) shall be ordered upon the record, and shall
 be listed separately in the adjudication order, judgment of sentence, or order of probation.
    (7) After reviewing a verified petition by a person against whom an assessment is imposed
 under subsection (5), the court may suspend payment of all or part of the assessment if it
 determines the person is unable to pay the assessment.
    (8) The court that imposes the assessment prescribed under subsection (5) may retain 10%
 of all assessments or portions of assessments collected for costs incurred under this section
 and shall transmit that money to its funding unit. On the last day of each month, the clerk of
 the court shall transmit the assessments or portions of assessments collected under this section
 as follows:
    (a) Twenty-five percent to the county sheriff or other investigating law enforcement agency
 that collected the DNA sample as designated by the court to defray the costs of collecting
 DNA samples.
    (b) Sixty-five percent to the state treasurer for deposit in the justice system fund created in
 section 181 of the revised judicature act of 1961, 1961 PA 236, MCL 600.181.

    (9) As used in this section:
    (a) "DNA identification profile" and "DNA identification profiling" mean those terms as
 defined in section 2 of the DNA identification profiling system act, 1990 PA 250, MCL
 28.172.
    (b) "Investigating law enforcement agency" means the law enforcement agency responsible
 for the investigation of the offense for which the person is arrested or convicted. Investigating
 law enforcement agency includes the county sheriff but does not include a probation officer
 employed by the department of corrections.
    (c) "Felony" means a violation of a penal law of this state for which the offender may be
 punished by imprisonment for more than 1 year or an offense expressly designated by law to
 be a felony.
    (d) "Sample" means a portion of a person's blood, saliva, or tissue collected from the
 person.