In the past, most people arrested and charged with crimes in Michigan did not have to give a sample of their DNA to the police. DNA was typically only required when someone was actually convicted of a felony (a crime punishable by more than one year of imprisonment). The most notable exception to this general rule was Michigan Sex Crimes (First Degree Criminal Sexual Conduct, Second Degree Criminal Sexual Conduct, Third Degree Criminal Sexual Conduct, Fourth Degree Criminal Sexual Conduct, etc.).
Now, all of that has changed. Effective July, 2015, Michigan's law controlling DNA collection in criminal cases, the DNA Identification Profiling System Act, MCL 28.176, was amended so that more Michigan residents will be forced to provide DNA samples upon arrest, when they've only been accused, are supposed to be presumed innocent (and may in-fact actually be innocent), and have been convicted of nothing. Under the new law, anyone who is merely arrested for a felony offense - any felony offense, is required to give a DNA sample to the police. Read that again carefully, because it does not say they have to actually be charged with a felony offense. For example, a person may be arrested by the police for suspicion of Felonious Assault (a 4 year felony) or Assault by Strangulation (a 10 year felony), but when the Prosecutor reviews the evidence 24 hours later, she decides only to charge them with Domestic Violence or Assault and Battery (both 93 day misdemeanors). Nevertheless, his DNA will have been taken by a "buccal swab," a Q-tip like device swiped inside of your cheek to collect skin cells. In-fact, under the newly amended DNA Identification Profiling System Act, even people arrested for certain misdemeanors will now have to give a DNA sample. Before, even people who were actually convicted of misdemeanors did not have to give a DNA sample. Now, the police will be taking a buccal swab for DNA while you're being booked into the lockup if you are arrested for any of the following misdemeanor offenses:- Disorderly Person by window peeping, MCL 750.167(c)
- Disorderly Person by engaging in indecent or obscene conduct in public, MCL 750.167(f)
- Disorderly Person by loitering in a house of ill fame or prostitution, MCL 750.167(i)
- Indecent Exposure, MCL 750.335a(1)
- Prostitution (first and second offenses), MCL 750.451
- Leasing a house for purposes of prostitution, MCL 750.454