2023 House Bill 5271

Criminal procedure: DNA; post-conviction DNA testing; modify.

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 16 of chapter X (MCL 770.16), as amended by 2015 PA 229.

House Fiscal Agency Analysis

House Bill 5271 would amend section 16 of Chapter X of the Code of Criminal Procedure, which provides guidelines under which a person convicted of a felony may petition the circuit court to order DNA testing of biological material identified during the investigation leading to the person’s conviction, and for a new trial based on the DNA testing results. The bill would define biological material, modify who can file such a petition, what the petition has to establish, when the court has to order DNA testing, what the results of the testing might mean, and how long any material that might one day be subject to testing has to be preserved. House Bill 5271 would have an indeterminate fiscal impact on local court funding units. To the extent that there is an increase in the number of petitions filed in courts and a corresponding increase in the number of petitions granted by courts, costs would be incurred as a result of increased court caseloads and related administrative costs.

Introduced in the House

Oct. 26, 2023

Introduced by Rep. Kara Hope (D-74) and 10 co-sponsors

Co-sponsored by Reps. Carrie Rheingans (D-47), Jimmie Wilson (D-32), Emily Dievendorf (D-77), Donavan McKinney (D-14), Rachel Hood (D-81), Amos O’Neal (D-94), Natalie Price (D-5), Kimberly Edwards (D-12), Penelope Tsernoglou (D-75) and Karen Whitsett (D-4)

Referred to the Committee on Judiciary

Jan. 17, 2024

Reported without amendment

Referred to the Committee on Criminal Justice

March 12, 2024

Reported with substitute H-1

Dec. 10, 2024

Substitute H-1 concurred in by voice vote

Substitute H-2 offered by Rep. Kara Hope (D-74)

The substitute passed by voice vote

Passed in the House 56 to 52 (details)

Motion to give immediate effect by Rep. Abraham Aiyash (D-9)

The motion prevailed by voice vote