HB-4932, As Passed House, June 29, 2005

SUBSTITUTE FOR

HOUSE BILL NO. 4932

     A bill to amend 1994 PA 295, entitled

"Sex offenders registration act,"

(MCL 28.721 to 28.732) by amending the title, as amended by 2004 PA

237, and by adding headings for articles I and II and by adding

article III.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

TITLE

     An act to require persons convicted of certain offenses to

register; to prohibit certain individuals from residing within a

student safety zone; to prescribe the powers and duties of certain

departments and agencies in connection with that registration; and

to prescribe penalties and sanctions.

I GENERAL

II SEX OFFENDER REGISTRATION

House Bill No. 4932 (H-2) as amended June 29, 2005

III STUDENT SAFETY ZONES

     Sec. 33. As used in this article:

     (a) "Minor" means an individual less than 18 years of age.

     (b) "School" means a public, private, denominational, or

parochial school offering developmental kindergarten, kindergarten,

or any grade from 1 through 12.

     (c) "School property" means a building, facility, or structure

and other real estate owned, leased, or otherwise controlled by a

school.

     (d) "Student safety zone" means the area that lies 1,000 feet

or less from school property.

[(e) "Work" means continuous and regular employment.]

     Sec. 34. (1) Except as provided in subsection (2), an

individual required to be registered under article II [because he or she

was convicted of a listed offense that is a felony] shall not

reside, work, or loiter within a student safety zone. An individual

who violates this section is guilty of a crime as follows:

     (a) For the first violation, the individual is guilty of a

misdemeanor punishable by imprisonment for not more than 1 year or

a fine of not more than $1,000.00, or both.

     (b) For the second or subsequent violation, the individual is

guilty of a felony punishable by imprisonment for not more than 2

years or a fine of not more than $2,000.00, or both.

     (2) This section does not apply to any of the following:

     (a) An individual who resided or worked within a student

safety zone before the effective date of the amendatory act that

added this section.

     (b) An individual whose residence or place of employment is

within a student safety zone solely because a school is relocated

or is initially established 1,000 feet or less from the

individual's residence or place of employment.

     (c) An individual who resides within a student safety zone

because the individual is an inmate or resident of a prison, jail,

juvenile facility, or other correctional facility or is a patient

of a mental health facility under an order of commitment.

     (d) A minor who resides with his or her parent or guardian.

     (e) An individual who is a patient in a hospital or hospice.

     (3) An individual who resides in a student safety zone and who

is subsequently required to register under article II shall change

his or her residence to a location outside the student safety zone

not more than 90 days after he or she is sentenced for the

conviction that gives rise to the obligation to register under

article II.

     (4) This section does not prohibit an individual from being

charged with, convicted of, or punished for any other violation of

law that is committed by that individual while violating this

section.

     Enacting section 1.  This amendatory act takes effect October

15, 2005.