September 15, 2005, Introduced by Senators GOSCHKA and GARCIA and referred to the Committee on Judiciary.
A bill to amend 1994 PA 295, entitled
"Sex offenders registration act,"
by amending sections 5, 5a, and 5b (MCL 28.725, 28.725a, and
28.725b), sections 5 and 5a as amended by 2004 PA 240 and section
5b as added by 2004 PA 237.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5. (1) Within 10 days after any of the following occur,
an individual required to be registered under this act shall notify
the local law enforcement agency or sheriff's department having
jurisdiction where his or her new residence or domicile is located
or the department post of the individual's new residence or
domicile:
(a) The individual changes his or her residence, domicile, or
place of work or education, including any change required to be
reported under section 4a.
(b) The individual is paroled.
(c) Final release of the individual from the jurisdiction of
the department of corrections.
(2) Within 10 days after either of the following occurs, the
department of corrections shall notify the local law enforcement
agency or sheriff's department having jurisdiction over the area to
which the individual is transferred or the department post of the
transferred residence or domicile of an individual required to be
registered under this act:
(a) The individual is transferred to a community residential
program.
(b) The individual is transferred into a minimum custody
correctional facility of any kind, including a correctional camp or
work camp.
(3) An individual required to be registered under this act
shall notify the department on a form prescribed by the department
not later than 10 days before he or she changes his or her domicile
or residence to another state. The individual shall indicate the
new state and, if known, the new address. The department shall
update the registration and compilation databases and promptly
notify the appropriate law enforcement agency and any applicable
sex or child offender registration authority in the new state.
(4) If the probation or parole of an individual required to be
registered under this act is transferred to another state or an
individual required to be registered under this act is transferred
from a state correctional facility to any correctional facility or
probation or parole in another state, the department of corrections
shall promptly notify the department and the appropriate law
enforcement agency and any applicable sex or child offender
registration authority in the new state. The department shall
update the registration and compilation databases.
(5) An individual registered under this act shall comply with
the verification procedures and proof of residence procedures
prescribed in sections 4a and 5a.
(6) Except as provided in subsections (7) and (8), an
individual
shall comply with this section for
25 30
years after
the date of initially registering or, if the individual is in a
state correctional facility, for 10 years after release from the
state correctional facility, whichever is longer.
(7) Except as provided in subsection (8), an individual shall
comply with this section for life if the individual is convicted of
any of the following or a substantially similar offense under a law
of the United States, any state, or any country or under tribal or
military law:
(a) A violation of section 520b of the Michigan penal code,
1931 PA 328, MCL 750.520b.
(b) A violation of section 520c(1)(a) of the Michigan penal
code, 1931 PA 328, MCL 750.520c.
(c) A violation of section 349 of the Michigan penal code,
1931 PA 328, MCL 750.349, if the victim is less than 18 years of
age.
(d) A violation of section 350 of the Michigan penal code,
1931 PA 328, MCL 750.350.
(e) A violation of section 145c(2) or (3) of the Michigan
penal code, 1931 PA 328, MCL 750.145c.
(f) An attempt or conspiracy to commit an offense described in
subdivisions (a) to (e).
(g) Except as provided in this subdivision, a second or
subsequent listed offense after October 1, 1995 regardless of when
any earlier listed offense was committed. An individual is not
required to comply with this section for life if his or her first
or second listed offense is for a conviction on or before September
1, 1999 for an offense that was added on September 1, 1999 to the
definition of listed offense, unless he or she is convicted of a
subsequent listed offense after September 1, 1999.
(8) An individual who is ordered to register as provided in
section 8d shall register subject to that section.
Sec. 5a. (1) Not later than December 1, 2004, the department
shall mail a notice to each individual registered under this act
who is not in a state correctional facility explaining the
individual's duties under this section and this act as amended and
the procedure for registration, notification, and verification and
paying
the registration fee fees
prescribed under subsection (7)
or section 7(1).
(2) Upon the release of an individual registered under this
act who is in a state correctional facility, the department of
corrections shall provide written notice to that individual
explaining his or her duties under this section and this act as
amended and the procedure for registration, notification, and
verification
and payment of the registration fee fees
prescribed
under subsection (7) or section 7(1). The individual shall sign and
date the notice. The department of corrections shall maintain a
copy of the signed and dated notice in the individual's file. The
department of corrections shall forward the original notice to the
department within 30 days, regardless of whether the individual
signs it.
(3) Not later than January 15, 2000, an individual registered
under this act who is not incarcerated shall report in person to
the local law enforcement agency or sheriff's department having
jurisdiction where he or she is domiciled or resides or to the
department post in or nearest to the county where he or she is
domiciled or resides. The individual shall present proof of
domicile or residence and update any information that changed since
registration, including information that is required to be reported
under section 4a. An individual registered under this act who is
incarcerated on January 15, 2000 shall report under this subsection
not less than 10 days after he or she is released.
(4) Except as provided in subsection (5), following initial
verification under subsection (3), or registration under this act
after January 15, 2000, an individual required to be registered
under this act who is not incarcerated shall report in person to
the local law enforcement agency or sheriff's department having
jurisdiction where he or she is domiciled or resides or to the
department post in or nearest to the county where he or she is
domiciled or resides for verification of domicile or residence as
follows:
(a) If the person is registered only for 1 or more misdemeanor
listed offenses, not earlier than January 1 or later than January
15 of each year after the initial verification or registration. As
used in this subdivision, "misdemeanor listed offense" means a
listed offense that is any of the following:
(i) A violation of section 145a of the Michigan penal code,
1931 PA 328, MCL 750.145a, committed before June 1, 2002.
(ii) A violation of section 145c(4), 167(1)(f), or 448 of the
Michigan penal code, 1931 PA 328, MCL 750.145c, 750.167, and
750.448.
(iii) A violation of section 335a of the Michigan penal code,
1931 PA 328, MCL 750.335a, other than a violation committed by a
person who was, at the time of the offense, a sexually delinquent
person as defined in section 10a of the Michigan penal code, 1931
PA 328, MCL 750.10a.
(iv) A violation of a local ordinance of a municipality
substantially corresponding to a section described in subparagraph
(i), (ii), or (iii).
(v) A violation of a law of this state or a local ordinance of
a municipality that by its nature constitutes a sexual offense
against an individual who is less than 18 years of age if the
violation is not specifically designated a felony and is punishable
by imprisonment for 1 year or less.
(vi) An attempt or conspiracy to commit an offense described in
subparagraphs (i) to (v).
(vii) An offense substantially similar to an offense described
in subparagraphs (i) to (vi) under a law of the United States, any
state, or any country or under tribal or military law.
(b) If the person is registered for 1 or more felony listed
offenses, not earlier than the first day or later than the
fifteenth day of each April, July, October, and January following
initial verification or registration. As used in this subdivision,
"felony listed offense" means a listed offense that is any of the
following:
(i) A violation of section 145a of the Michigan penal code,
1931 PA 328, MCL 750.145a, committed on or after June 1, 2002.
(ii) A violation of section 145b, 145c(2) or (3), 349, 350,
455, 520b, 520c, 520d, 520e, or 520g of the Michigan penal code,
1931 PA 328, MCL 750.145b, 750.145c, 750.349, 750.350, 750.455,
750.520b, 750.520c, 750.520d, 750.520e, and 750.520g.
(iii) A violation of section 335a of the Michigan penal code,
1931 PA 328, MCL 750.335a, committed by a person who was, at the
time of the offense, a sexually delinquent person as defined in
section 10a of the Michigan penal code, 1931 PA 328, MCL 750.10a.
(iv) A violation of a law of this state that by its nature
constitutes a sexual offense against an individual who is less than
18 years of age if the violation is specifically designated a
felony or is punishable by imprisonment for more than 1 year.
(v) An attempt or conspiracy to commit an offense described in
subparagraphs (i) to (iv).
(vi) An offense substantially similar to an offense described
in subparagraphs (i) to (v) under a law of the United States, any
state, or any country or under tribal or military law.
(5) The continued reporting requirements of this section
following initial registration do not apply to an individual
convicted as a juvenile of committing an offense described in
section 8c(15)(a) or (b) committed by the individual when he or she
was less than 17 years of age, except that the individual shall
report a change in his or her residence within this state or to
another state as provided in this section within 10 days after the
change of residence is made. If the individual fails to file a
petition under section 8c before he or she becomes 18 years of age,
or if his or her petition is denied by the court, the individual
shall report as otherwise required under this section.
(6) When an individual reports under subsection (3) or (4), an
officer or authorized employee of the local law enforcement agency,
sheriff's department, or department post shall verify the
individual's residence or domicile and any information required to
be reported under section 4a. The officer or authorized employee
shall sign and date a verification form. The officer shall give a
copy of the signed form showing the date of verification to the
individual. The officer or employee shall forward verification
information to the department by the law enforcement information
network in the manner the department prescribes. The department
shall revise the databases maintained under section 8 as necessary
and shall indicate verification in the compilation under section
8(2).
(7) Except as otherwise provided in section 5b, beginning
October 16, 2004, an individual who reports as prescribed under
subsection (3) or (4) and who has not already paid the original
registration
fee prescribed under section 7(1) shall
pay a the
$35.00
original registration fee. An individual shall
only be
required
to pay a fee once under this subsection. Except as
otherwise provided in section 5b, beginning January 1, 2006, an
individual who reports as prescribed under subsection (3) or (4)
shall pay an annual registration fee of $25.00. The $25.00 annual
registration fee shall be retained by that local law enforcement
agency or sheriff's department, or in the case of a department
post, by the department, to offset the costs associated with
implementing this act. An annual fee shall not be charged for the
year in which the individual pays the original registration fee.
(8) An individual required to be registered under this act
shall maintain either a valid operator's or chauffeur's license
issued under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to
257.923, or an official state personal identification card issued
under 1972 PA 222, MCL 28.291 to 28.300, with the individual's
current address. The license or card may be used as proof of
domicile or residence under this section. In addition, the officer
or authorized employee may require the individual to produce
another document bearing his or her name and address, including,
but not limited to, voter registration or a utility or other bill.
The department may specify other satisfactory proof of domicile or
residence.
(9) Not earlier than January 1, 2000 or later than January 15,
2000, an individual registered under this act who is not
incarcerated shall report in person to a secretary of state office
and have his or her digitized photograph taken. An individual
registered under this act who is incarcerated on January 15, 2000
shall report under this subsection not less than 10 days after he
or she is released. The individual is not required to report under
this subsection if he or she had a digitized photograph taken for
an operator's or chauffeur's license or official state personal
identification card before January 1, 2000, or within 2 years
before he or she is released. The photograph shall be used on the
individual's operator's or chauffeur's license or official state
personal identification card. The individual shall have a new
photograph taken when he or she renews the license or
identification card as provided by law. The secretary of state
shall make the digitized photograph available to the department for
a registration under this act.
(10) If an individual does not report under subsection (3) or
(4) or section 4a, the department shall notify the local law
enforcement agency, sheriff's department, or department post. An
appearance ticket may be issued for the individual's failure to
report as provided in sections 9a to 9g of chapter IV of the code
of criminal procedure, 1927 PA 175, MCL 764.9a to 764.9g.
(11) The department shall prescribe the form for the notices
and verification procedures required under this section.
Sec. 5b. (1) Of the money collected by a court, local law
enforcement agency, sheriff's department, or department post from
each original registration fee prescribed under this act, $25.00
shall be forwarded to the department, which shall deposit the money
in the sex offenders registration fund created under subsection
(2), and $10.00 shall be retained by the court, local law
enforcement agency, sheriff's department, or department post.
(2) The sex offenders registration fund is created as a
separate fund in the department of treasury. The state treasurer
shall credit the money received from the payment of the original
registration fee prescribed under this act to the sex offenders
registration fund. Money credited to the fund shall only be used by
the department for training concerning, and the maintenance and
automation of, the databases, compilation, and information required
under section 8. Money in the sex offenders registration fund at
the close of the fiscal year shall remain in the fund and shall not
lapse to the general fund.
(3)
If an individual required to pay a an
original or annual
registration fee under this act is indigent, the registration fee
shall be temporarily waived. The burden is on the individual
claiming indigence to prove the fact of indigence to the
satisfaction of the local law enforcement agency, sheriff's
department, or department post where the individual is reporting.
(4)
Payment of the an
original or annual registration fee
prescribed under this act shall be made in the form and by means
prescribed by the department. Upon payment of the registration fee
prescribed under this act, the officer or employee shall forward
verification of the payment to the department by the law
enforcement information network in the manner the department
prescribes. The department shall revise the databases maintained
under section 8 as necessary and shall indicate verification of
payment in the compilation under section 8(2).