HOUSE BILL No. 5614

 

January 25, 2006, Introduced by Rep. Van Regenmorter 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 2004 PA 240.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

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

 

database of registrations and notices required under this act.

 

     (2) The department shall maintain a computerized database

 

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

 

10(2) and (3). Except as provided in subsection (3), the database

 

shall consist of a compilation of individuals registered under this

 

act.

 

     (3) The database 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.

 

Except as provided in subdivision (b), the exclusion for juvenile

 

dispositions does not apply to a disposition for a violation of

 

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

 

750.520b and 750.520c, after the individual becomes 18 years of

 

age.

 

     (b) An individual who is exempt under section 8d from that

 

database.

 

     (4) The compilation of individuals shall be indexed

 

numerically by zip code area. Within each zip code area, the

 

compilation shall contain all of the following information:

 

     (a) The name and aliases, address, physical description, and

 

birth date of each individual registered under this act who is

 

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

 

and any listed offense of which the individual has been convicted.

 

     (b) The name and campus location of each institution of higher

 

education to which the individual is required to report under

 

section 4a.

 

     (c) Beginning May 1, 2005, the photograph of each individual

 

registered under this act. The department shall obtain the

 

photographs submitted under section 5a from the secretary of state

 

for purposes of implementing this subdivision.

 


     (d) The date each individual committed the listed offense or

 

listed offenses.

 

     (5) The department shall update the compilation with new

 

registrations, deletions from registrations, and address changes at

 

the same time those changes are made to the database described in

 

subsection (1). The department shall make the compilation 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

 

compilation in printed form for the zip code 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 compilation based upon the name and

 

campus location of an institution of higher education described in

 

subsection (4)(b).

 

     (6) The department shall make the compilation or information

 

from the compilation available to a department post, local law

 

enforcement agency, sheriff's department, and the public by

 

electronic, computerized, or other similar means accessible to the

 

post, agency, or sheriff's department. The electronic,

 

computerized, or other similar means shall provide for both a

 

search by name and by zip code.

 

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

 

section 10 of any information concerning individuals registered

 

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

 


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

 

United States or this state, the department shall revise the

 

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

 

information.