SENATE BILL No. 44

 

 

January 16, 2013, Introduced by Senator JONES and referred to the Committee on Judiciary.

 

 

 

     A bill to amend 1994 PA 295, entitled

 

"Sex offenders registration act,"

 

by amending section 8 (MCL 28.728), as amended by 2011 PA 18.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 8. (1) The department shall maintain a computerized law

 

enforcement database of registrations and notices required under

 

this act. The law enforcement database shall contain all of the

 

following information for each individual registered under this

 

act:

 

     (a) The individual's legal name and any aliases, nicknames,

 

ethnic or tribal names, or other names by which the individual is

 

or has been known.

 

     (b) The individual's social security number and any social

 

security numbers or alleged social security numbers previously used

 


by the individual.

 

     (c) The individual's date of birth and any alleged dates of

 

birth previously used by the individual.

 

     (d) The address where the individual resides or will reside.

 

If the individual does not have a residential address, information

 

under this subsection shall identify the location or area used or

 

to be used by the individual in lieu of a residence or, if the

 

individual is homeless, the village, city, or township where the

 

individual spends or will spend the majority of his or her time.

 

     (e) The name and address of any place of temporary lodging

 

used or to be used by the individual during any period in which the

 

individual is away, or is expected to be away, from his or her

 

residence for more than 7 days. Information under this subdivision

 

shall include the dates the lodging is used or to be used.

 

     (f) The name and address of each of the individual's

 

employers. For purposes of this subdivision, "employer" includes a

 

contractor and any individual who has agreed to hire or contract

 

with the individual for his or her services. Information under this

 

subsection shall include the address or location of employment if

 

different from the address of the employer.

 

     (g) The name and address of any school being attended by the

 

individual and any school that has accepted the individual as a

 

student that he or she plans to attend. For purposes of this

 

subdivision, "school" means a public or private postsecondary

 

school or school of higher education, including a trade school.

 

     (h) All telephone numbers registered to the individual or

 

routinely used by the individual.

 


     (i) All electronic mail addresses and instant message

 

addresses assigned to the individual or routinely used by the

 

individual and all login names or other identifiers used by the

 

individual when using any electronic mail address or instant

 

messaging system.

 

     (j) The license plate number or registration number and

 

description of any motor vehicle, aircraft, or vessel owned or

 

regularly operated by the individual and the location at which the

 

motor vehicle, aircraft, or vessel is habitually stored or kept.

 

     (k) The individual's driver license number or state personal

 

identification card number.

 

     (l) A digital copy of the individual's passport and other

 

immigration documents.

 

     (m) The individual's occupational and professional licensing

 

information, including any license that authorizes the individual

 

to engage in any occupation, profession, trade, or business.

 

     (n) A brief summary of the individual's convictions for listed

 

offenses regardless of when the conviction occurred, including

 

where the offense occurred and the original charge if the

 

conviction was for a lesser offense.

 

     (o) A complete physical description of the individual.

 

     (p) The photograph required under section 5a.

 

     (q) The individual's fingerprints and palm prints.

 

     (r) An electronic copy of the offender's Michigan driver

 

license or Michigan personal identification card, including the

 

photograph required under this act.

 

     (s) The text of the provision of law that defines the criminal

 


offense for which the sex offender is registered.

 

     (t) Any outstanding arrest warrant information.

 

     (u) The individual's tier classification and registration

 

status.

 

     (v) An identifier that indicates whether a DNA sample has been

 

collected and any resulting DNA profile has been entered into the

 

federal combined DNA index system (CODIS).

 

     (w) The individual's complete criminal history record,

 

including the dates of all arrests and convictions.

 

     (x) The individual's Michigan department of corrections number

 

and the status of his or her parole, probation, or release.

 

     (y) The individual's federal bureau of investigation number.

 

     (2) The department shall maintain a public internet website

 

separate from the law enforcement database described in subsection

 

(1) to implement section 10(2) and (3). Except as provided in

 

subsection (4), the public internet website shall contain all of

 

the following information for each individual registered under this

 

act:

 

     (a) The individual's legal name and any aliases, nicknames,

 

ethnic or tribal names, or other names by which the individual is

 

or has been known.

 

     (b) The individual's date of birth.

 

     (c) The address where the individual resides. If the

 

individual does not have a residential address, information under

 

this subsection shall identify the village, city, or township used

 

by the individual in lieu of a residence.

 

     (d) The address of each of the individual's employers. For

 


purposes of this subdivision, "employer" includes a contractor and

 

any individual who has agreed to hire or contract with the

 

individual for his or her services. Information under this

 

subsection shall include the address or location of employment if

 

different from the address of the employer.

 

     (e) The address of any school being attended by the individual

 

and any school that has accepted the individual as a student that

 

he or she plans to attend. For purposes of this subdivision,

 

"school" means a public or private postsecondary school or school

 

of higher education, including a trade school.

 

     (f) The license plate number or registration number and

 

description of any motor vehicle, aircraft, or vessel owned or

 

regularly operated by the individual.

 

     (g) A brief summary of the individual's convictions for listed

 

offenses regardless of when the conviction occurred.

 

     (h) A complete physical description of the individual.

 

     (i) The photograph required under this act. If no photograph

 

is available, the department shall use an arrest photograph or

 

Michigan department of corrections photograph until a photograph as

 

prescribed in section 5a becomes available.

 

     (j) The text of the provision of law that defines the criminal

 

offense for which the sex offender is registered.

 

     (k) The individual's registration status.

 

     (l) The individual's tier classification.

 

     (3) The following information shall not be made available on

 

the public internet website described in subsection (2):

 

     (a) The identity of any victim of the offense.

 


     (b) The individual's social security number.

 

     (c) Any arrests not resulting in a conviction.

 

     (d) Any travel or immigration document numbers.

 

     (e) Any electronic mail addresses and instant message

 

addresses assigned to the individual or routinely used by the

 

individual and any login names or other identifiers used by the

 

individual when using any electronic mail address or instant

 

messaging system.

 

     (f) The individual's driver license number or state personal

 

identification card number.

 

     (4) The public internet website described in subsection (2)

 

shall not include the following individuals:

 

     (a) An individual registered solely because he or she had 1 or

 

more dispositions for a listed offense entered under section 18 of

 

chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.18,

 

in a case that was not designated as a case in which the individual

 

was to be tried in the same manner as an adult under section 2d of

 

chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2d.

 

     (b) An individual registered solely because he or she was the

 

subject of an order of disposition or other adjudication in a

 

juvenile matter in another state or country.

 

     (c) An individual registered solely because he or she has been

 

was convicted of a single tier I offense, . other than an

 

individual who was convicted of a violation of any of the

 

following:

 

     (i) Section 145c(4) of the Michigan penal code, 1931 PA 328,

 

MCL 750.145c.

 


     (ii) A violation of section 335a(2)(b) of the Michigan penal

 

code, 1931 PA 328, MCL 750.335a, if a victim is a minor.

 

     (iii) Section 349b of the Michigan penal code, 1931 PA 328, MCL

 

750.349b, if the victim is a minor.

 

     (iv) Section 539j of the Michigan penal code, 1931 PA 328, MCL

 

750.539j, if a victim is a minor.

 

     (v) Any other violation of a law of this state or a local

 

ordinance of a municipality substantially similar to an offense

 

described in subparagraphs (i) to (iv) and that by its nature

 

constitutes a sexual offense against an individual who is a minor.

 

     (vi) An offense substantially similar to an offense described

 

in subparagraphs (i) to (v) under a law of the United States that is

 

specifically enumerated in 42 USC 16911, under a law of any state

 

or any country, or under tribal or military law.

 

     (5) The compilation of individuals shall be indexed

 

alphabetically by village, city, township, and county, numerically

 

by zip code area, and geographically as determined appropriate by

 

the department.

 

     (6) The department shall update the public internet website

 

with new registrations, deletions from registrations, and address

 

changes at the same time those changes are made to the law

 

enforcement database described in subsection (1). The department

 

shall make the law enforcement database available to each

 

department post, local law enforcement agency, and sheriff's

 

department by the law enforcement information network. Upon request

 

by a department post, local law enforcement agency, or sheriff's

 

department, the department shall provide to that post, agency, or

 


sheriff's department the information from the law enforcement

 

database in printed form for the designated areas located in whole

 

or in part within the post's, agency's, or sheriff's department's

 

jurisdiction. The department shall provide the ability to conduct a

 

computerized search of the law enforcement database and the public

 

internet website based upon the name and campus location of an

 

institution of higher education.

 

     (7) The department shall make the law enforcement database

 

available to a department post, local law enforcement agency, or

 

sheriff's department by electronic, computerized, or other similar

 

means accessible to the post, agency, or sheriff's department. The

 

department shall make the public internet website available to the

 

public by electronic, computerized, or other similar means

 

accessible to the public. The electronic, computerized, or other

 

similar means shall provide for a search by name, village, city,

 

township, and county designation, zip code, and geographical area.

 

     (8) If a court determines that the public availability under

 

section 10 of any information concerning individuals registered

 

under this act violates the constitution of the United States or

 

this state, the department shall revise the public internet website

 

described in subsection (2) so that it does not contain that

 

information.

 

     (9) If the department determines that an individual has

 

completed his or her registration period, including a registration

 

period reduced by law under the amendatory act that added this

 

subsection, 2011 PA 18, or that he or she otherwise is no longer

 

required to register under this act, the department shall remove

 


the individual's registration information from both the law

 

enforcement database and the public internet website within 7 days

 

after making that determination.

 

     (10) If the individual provides the department with

 

documentation showing that he or she is required to register under

 

this act for a violation that has been set aside under 1965 PA 213,

 

MCL 780.621 to 780.624, or that has been otherwise expunged, the

 

department shall note on the public internet website that the

 

violation has been set aside or expunged.