SENATE BILL No. 124

February 6, 2001, Introduced by Senator JAYE and referred to the Committee on Judiciary.

A bill to amend 1994 PA 295, entitled

"Sex offenders registration act,"

by amending sections 8 and 8a (MCL 28.728 and 28.728a), section 8

as amended and section 8a as added by 1999 PA 85.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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

2 data base of registrations and notices required under this act.

3 (2) The department shall maintain a computerized data base

4 separate from that described in subsection (1) to implement

5 section 10(2) and (3). The data base shall consist of a compila-

6 tion of individuals registered under this act. , but except as

7 provided in this subsection, shall not include any individual

8 registered solely because he or she had 1 or more dispositions

9 for a listed offense entered under section 18 of chapter XIIA of

10 the probate code of 1939, 1939 PA 288, MCL 712A.18, in a case

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

2 be tried in the same manner as an adult under section 2d of chap-

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

4 The exclusion for juvenile dispositions does not apply to a dis-

5 position for a violation of section 520b or 520c of the Michigan

6 penal code, 1931 PA 328, MCL 750.520b and 750.520c, after the

7 individual becomes 18 years of age. The compilation of individu-

8 als shall be indexed numerically by zip code area. Within each

9 zip code area, the compilation shall contain the name and

10 aliases, address, physical description, DIGITAL PHOTOGRAPH, and

11 birth date of each individual registered under this act who is

12 included in the compilation and who resides in that zip code area

13 and any listed offense of which the individual has been

14 convicted. The department shall update the compilation with new

15 registrations, deletions from registrations, and address changes

16 at the same time those changes are made to the data base

17 described in subsection (1). The department shall make the com-

18 pilation available to each department post, local law enforcement

19 agency, and sheriff's department by the law enforcement informa-

20 tion network. Upon request by a department post, local law

21 enforcement agency, or sheriff's department, the department shall

22 provide to that post, agency, or sheriff's department the infor-

23 mation from the compilation in printed form for the zip code

24 areas located in whole or in part within the post's, agency's, or

25 sheriff's department's jurisdiction. The department shall make

26 the compilation or information from the compilation available to

27 a department post, local law enforcement agency, sheriff's

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1 department, and the public by electronic, computerized, or other

2 similar means accessible to the post, agency, or sheriff's

3 department. The electronic, computerized, or other similar means

4 shall provide for both a search by name, and by ALIAS, zip

5 code, AND ADDRESS.

6 (3) If a court determines that the public availability under

7 section 10 of any information concerning individuals registered

8 under this act, including names and aliases, addresses, physical

9 descriptions, or dates of birth, violates the constitution of the

10 United States or this state, the department shall revise the com-

11 pilation in subsection (2) so that it does not contain that

12 information.

13 Sec. 8a. For the electronic, computerized, or other similar

14 means under section 8, the department shall conduct a study to

15 determine the feasibility of providing PROVIDE for a search by

16 alias and of providing PROVIDE mapping technology to show an

17 address. The study shall consider the costs, programming

18 issues, and other similar issues. The department shall forward

19 the study to the legislature not later than September 1, 2000.

20 Enacting section 1. This amendatory act takes effect

21 October 1, 2001.

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