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SB-0617, As Passed Senate, August 31, 2005

SUBSTITUTE FOR

SENATE BILL NO. 617

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

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.

(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. 35. (1) Except as otherwise provided in this section and

section 36, an individual required to be registered under article

II shall not reside within a student safety zone.

(2) An individual who violates subsection (1) is guilty of a

Senate Bill No. 617 as amended August 31, 2005

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

(a) An individual who is not more than 19 years of age and

attends secondary school or postsecondary school, and resides with

his or her parent or guardian. However, this exception does not

apply to an individual who initiates or maintains contact with a

minor within that student safety zone. However, the individual may

initiate or maintain contact with a minor with whom he or she

attends secondary school or postsecondary school in conjunction

with that school attendance.

<<(B) THE INDIVIDUAL IS NOT MORE THAN 26 YEARS OF AGE AND ATTENDS A SPECIAL EDUCATION PROGRAM, AND RESIDES WITH HIS OR HER PARENT OR GUARDIAN OR RESIDES IN A GROUP HOME OR ASSISTED LIVING FACILITY. HOWEVER, AN INDIVIDUAL DESCRIBED IN THIS SUBDIVISION SHALL NOT INITIATE OR MAINTAIN CONTACT WITH A MINOR WITHIN THAT STUDENT SAFETY ZONE. THE INDIVIDUAL SHALL BE PERMITTED TO INITIATE OR MAINTAIN CONTACT WITH A MINOR WITH WHOM HE OR SHE ATTENDS A SPECIAL EDUCATION PROGRAM IN CONJUNCTION WITH THAT ATTENDANCE.>>

<<(C) ~~(b)~~>> An individual who was residing within that 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.

<<(D) ~~(c)~~>> An individual who is a patient in a hospital or hospice

that is located within a student safety zone. However, this

exception does not apply to an individual who initiates or

maintains contact with a minor within that student safety zone.

<<(E) ~~(d)~~>> An individual who resides within a student safety zone

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

Senate Bill No. 617 as amended August 31, 2005

juvenile facility, or other correctional facility or is a patient

of a mental health facility under an order of commitment. However,

this exception does not apply to an individual who initiates or

maintains contact with a minor within that student safety zone.

(4) An individual who resides within 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. However, this exception does not apply to an individual

who initiates or maintains contact with a minor within that student

safety zone during the 90-day period described in this subsection.

(5) 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.

Sec. 36. <<(1) Subject to subsection (2), sections>> 34 and 35 do

not apply to any of the

following:

(a) An individual who is convicted as a juvenile under section

520b, 520c, or 520d of the Michigan penal code, 1931 PA 328, MCL

750.520b, 750.520c, and 750.520d, of committing, attempting to

commit, or conspiring to commit a violation solely described in

section 520b(1)(a), 520c(1)(a), or 520d(1)(a) of the Michigan penal

code, 1931 PA 328, MCL 750.520b, 750.520c, and 750.520d, if either

of the following applies:

(i) The individual was under 13 years of age when he or she

committed the offense and is not more than 5 years older than the

victim.

(ii) The individual was 13 years of age or older but less than

17 years of age when he or she committed the offense and is not

more than 3 years older than the victim.

(b) An individual who was charged under section 520b, 520c, or

520d of the Michigan penal code, 1931 PA 328, MCL 750.520b,

750.520c, and 750.520d, with committing, attempting to commit, or

conspiring to commit a violation solely described in section

520b(1)(a), 520c(1)(a), or 520d(1)(a) of the Michigan penal code,

1931 PA 328, MCL 750.520b, 750.520c, and 750.520d, and is convicted

as a juvenile of violating, attempting to violate, or conspiring to

violate section 520e or 520g of the Michigan penal code, 1931 PA

328, MCL 750.520e and 750.520g, if either of the following applies:

(i) The individual was under 13 years of age when he or she

committed the offense and is not more than 5 years older than the

victim.

(ii) The individual was 13 years of age or older but less than

17 years of age when he or she committed the offense and is not

more than 3 years older than the victim.

probationary period under sections 11 to 15 of chapter II for

committing a listed offense and has been discharged from youthful

trainee status.

(d) An individual convicted of committing or attempting to

commit a violation solely described in section 520e(1)(a) of the

Michigan penal code, 1931 PA 328, MCL 750.520e, who at the time of

the violation was 17 years of age or older but less than 21 years