Michigan Laws 28.172 – Definitions
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Terms Used In Michigan Laws 28.172
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Department: means the department of state police. See Michigan Laws 28.172
- DNA identification profiling: means a validated scientific method of analyzing components of deoxyribonucleic acid molecules in a biological specimen to determine a match or a nonmatch between a reference sample and an evidentiary sample. See Michigan Laws 28.172
- 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. See Michigan Laws 28.172
- Investigating law enforcement agency: means the law enforcement agency responsible for the investigation of the offense for which the individual is arrested or convicted. See Michigan Laws 28.172
- Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Sample: means a portion of an individual's blood, saliva, or tissue collected from the individual. See Michigan Laws 28.172
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
- Verdict: The decision of a petit jury or a judge.
As used in this act:
(a) “Conviction” means a plea of guilty, guilty but mentally ill, or nolo contendere if accepted by the court, or a jury verdict or court finding that a defendant is guilty or guilty but mentally ill for a criminal law violation, or a juvenile adjudication or disposition for a criminal law violation that if committed by an adult would be a crime.
(b) “Department” means the department of state police.
(c) “DNA identification profile” or “profile” means the results of the DNA identification profiling of a sample, including a paper, electronic, or digital record.
(d) “DNA identification profiling” means a validated scientific method of analyzing components of deoxyribonucleic acid molecules in a biological specimen to determine a match or a nonmatch between a reference sample and an evidentiary sample.
(e) “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.
(f) “Investigating law enforcement agency” means the law enforcement agency responsible for the investigation of the offense for which the individual 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.
(g) “Sample” means a portion of an individual’s blood, saliva, or tissue collected from the individual.