Michigan Laws 752.956 – Information about forensic testing results; providing copy to sexual assault victim; informational handout
Current as of: 2023 | Check for updates
|
Other versions
Terms Used In Michigan Laws 752.956
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Forensic laboratory: means a DNA laboratory that has received formal recognition that it meets or exceeds a list of standards, including the FBI director's quality assurance standards, to perform specific tests, established by a nonprofit professional association of persons actively involved in forensic science that is nationally recognized within the forensic community in accordance with the provisions of the federal DNA identification act, 42 USC 14132, or subsequent laws. See Michigan Laws 752.952
- Investigating law enforcement agency: means the local, county, or state law enforcement agency with the primary responsibility for investigating an alleged sexual assault offense case and includes the employees of that agency. See Michigan Laws 752.952
- Sexual assault victim: means an individual subjected to a sexual assault offense and, for the purposes of making communications and receiving notices under this act, a person designated by the sexual assault victim under section 4. See Michigan Laws 752.952
- 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
(1) Upon request by a sexual assault victim to the investigating law enforcement agency for information about DNA testing results, the sexual assault victim shall be provided with the following information if available and if the disclosure does not impede or compromise an ongoing investigation:
(a) When the sexual assault evidence kit was submitted to the forensic laboratory.
(b) Whether a DNA profile of a suspect was obtained from the processing of evidence in the sexual assault case.
(c) Whether a DNA profile of a suspect has been entered into any data bank designed or intended to be used for the retention or comparison of case evidence.
(d) Whether there is a match between the DNA profile of a suspect obtained in the sexual assault case to any DNA profile contained in any data bank designed or intended to be used for the retention or comparison of case evidence.
(2) If a sexual assault victim is provided with information about forensic testing results, he or she shall also be provided with a copy of, or access to, the information handout described in subsection (3).
(3) No later than September 30, 2015, the Michigan domestic and sexual violence prevention and treatment board, in consultation with the department of state police, shall develop an informational handout for sexual assault victims that explains the meaning of possible forensic testing results. The informational handout shall be made available electronically to Michigan law enforcement agencies.