June 16, 2005, Introduced by Senators TOY, PATTERSON, BIRKHOLZ, GILBERT, CASSIS, ALLEN, SANBORN, STAMAS, HARDIMAN, GOSCHKA and BROWN and referred to the Committee on Education.
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
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.
Sec. 34. (1) Except as provided in subsection (2), an
individual required to be registered under article II 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.
(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.