HB-4932, As Passed Senate, August 31, 2005

SENATE 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 engaging in certain

activities 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

III STUDENT SAFETY ZONES

     Sec. 33. As used in this article:

     (a) "Listed offense" means that term as defined in section 2

of the sex offenders registration act, 1994 PA 295, MCL 28.722.

     (b) "Loiter" means to remain for a period of time and under

circumstances that a reasonable person would determine is for the

primary purpose of observing or contacting minors.

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

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

parochial school offering developmental kindergarten, kindergarten,

or any grade from 1 through 12. School does not include a home

school.

     (e) "School property" means a building, facility, structure,

or real property owned, leased, or otherwise controlled by a

school, other than a building, facility, structure, or real

property that is no longer in use on a permanent or continuous

basis, to which either of the following applies:

     (i) It is used to impart educational instruction.

     (ii) It is for use by students not more than 19 years of age

for sports or other recreational activities.

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

or less from school property.

     Sec. 34. (1) Except as provided in this section and section

36, an individual required to be registered under article II shall

not do 1 or more of the following:

     (a) Work within a student safety zone.

     (b) Loiter within a student safety zone.

     (2) 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.

     (3) Subsection (1)(a) does not apply to any of the following:

     (a) An individual who was working within a student safety zone

at the time the amendatory act that added this section was enacted

into law. However, this exception does not apply to an individual

who initiates or maintains contact with a minor within that student

safety zone.

     (b) An individual whose 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

place of employment. However, this exception does not apply to an

individual who initiates or maintains contact with a minor within

that student safety zone.

     (c) An individual who only intermittently or sporadically

enters a student safety zone for the purpose of work.  However,

this exception does not apply to an individual who initiates or

maintains contact with a minor within a student safety zone.

     (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 January

1, 2006.