February 7, 2007, Introduced by Senator KUIPERS and referred to the Committee on Judiciary.
A bill to amend 1994 PA 295, entitled
"Sex offenders registration act,"
by amending sections 2, 4a, 5, 5a, 7, and 8 (MCL 28.722, 28.724a,
28.725, 28.725a, 28.727, and 28.728), section 2 as amended by 2005
PA 301, sections 4a and 7 as amended by 2004 PA 237, section 5 as
amended by 2006 PA 402, section 5a as amended by 2005 PA 322, and
section 8 as amended by 2004 PA 240.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Convicted" means 1 of the following:
(i) Having a judgment of conviction or a probation order
entered in any court having jurisdiction over criminal offenses,
including, but not limited to, a tribal court or a military court,
and including a conviction subsequently set aside under 1965 PA
213, MCL 780.621 to 780.624.
(ii) Either of the following:
(A) Being assigned to youthful trainee status under sections
11 to 15 of chapter II of the code of criminal procedure, 1927 PA
175, MCL 762.11 to 762.15, before October 1, 2004.
(B) Being assigned to youthful trainee status under sections
11 to 15 of chapter II of the code of criminal procedure, 1927 PA
175, MCL 762.11 to 762.15, on or after October 1, 2004 if the
individual's status of youthful trainee is revoked and an
adjudication of guilt is entered.
(iii) Having an order of disposition entered under section 18 of
chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.18,
that is open to the general public under section 28 of chapter XIIA
of the probate code of 1939, 1939 PA 288, MCL 712A.28.
(iv) Having an order of disposition or other adjudication in a
juvenile matter in another state or country.
(b) "Department" means the department of state police.
(c) "Institution of higher education" means 1 or more of the
following:
(i) A public or private community college, college, or
university.
(ii) A public or private trade, vocational, or occupational
school.
(d) "Local law enforcement agency" means the police department
of a municipality.
(e) "Listed offense" means any of the following:
(i) A violation of section 145a, 145b, or 145c of the Michigan
penal code, 1931 PA 328, MCL 750.145a, 750.145b, and 750.145c.
(ii) A violation of section 158 of the Michigan penal code,
1931 PA 328, MCL 750.158, if a victim is an individual less than 18
years of age.
(iii) A violation of section 335a(2)(b) of the Michigan penal
code, 1931 PA 328, MCL 750.335a, if that individual was previously
convicted of violating section 335a of that act.
(iv) A third or subsequent violation of any combination of the
following:
(A) Section 167(1)(f) of the Michigan penal code, 1931 PA 328,
MCL 750.167.
(B) Section 335a(2)(a) of the Michigan penal code, 1931 PA
328, MCL 750.335a.
(C) A local ordinance of a municipality substantially
corresponding to a section described in sub-subparagraph (A) or
(B).
(v) Except for a juvenile disposition or adjudication, a
violation of section 338, 338a, or 338b of the Michigan penal code,
1931 PA 328, MCL 750.338, 750.338a, and 750.338b, if a victim is an
individual less than 18 years of age.
(vi) A violation of section 349 of the Michigan penal code,
1931 PA 328, MCL 750.349, if a victim is an individual less than 18
years of age.
(vii) A violation of section 350 of the Michigan penal code,
1931 PA 328, MCL 750.350.
(viii) A violation of section 448 of the Michigan penal code,
1931 PA 328, MCL 750.448, if a victim is an individual less than 18
years of age.
(ix) A violation of section 455 of the Michigan penal code,
1931 PA 328, MCL 750.455.
(x) A violation of section 520b, 520c, 520d, 520e, or 520g of
the Michigan penal code, 1931 PA 328, MCL 750.520b, 750.520c,
750.520d, 750.520e, and 750.520g.
(xi) A violation of section 539d of the Michigan penal code,
1931 PA 328, MCL 750.539d.
(xii) (xi) Any
other 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.
(xiii) (xii) An
offense 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.
(xiv) (xiii) An
attempt or conspiracy to commit an offense
described
in subparagraphs (i) to (xii) (xiii).
(xv) (xiv) An
offense substantially similar to an offense
described
in subparagraphs (i) to (xiii) (xiv) under a law of the
United States, any state, or any country or under tribal or
military law.
(f) "Municipality" means a city, village, or township of this
state.
(g) "Residence", as used in this act, for registration and
voting purposes means that place at which a person habitually
sleeps, keeps his or her personal effects, and has a regular place
of lodging. If a person has more than 1 residence, or if a wife has
a residence separate from that of the husband, that place at which
the person resides the greater part of the time shall be his or her
official residence for the purposes of this act. This section shall
not be construed to affect existing judicial interpretation of the
term residence.
(h) "Student" means an individual enrolled on a full- or part-
time basis in a public or private educational institution,
including, but not limited to, a secondary school, trade school,
professional institution, or institution of higher education.
Sec. 4a. (1) An individual required to be registered under
this act who is not a resident of this state shall report his or
her status in person to the local law enforcement agency or
sheriff's department having jurisdiction over a campus of an
institution of higher education, or to the department post nearest
to that campus, if any of the following occur:
(a) Regardless of whether he or she is financially compensated
or receives any governmental or educational benefit, the individual
is or becomes a full- or part-time employee, contractual provider,
or volunteer with that institution of higher education and his or
her position will require that he or she be present on that campus
for 14 or more consecutive days or 30 or more total days in a
calendar year.
(b) The individual is or becomes an employee of a contractual
provider described in subdivision (a) and his or her position will
require that he or she be present on that campus for 14 or more
consecutive days or 30 or more total days in a calendar year.
(c) The status described in subdivision (a) or (b) is
discontinued.
(d) The individual changes the campus on which he or she is an
employee, a contractual provider, an employee of a contractual
provider, or a volunteer as described in subdivision (a) or (b).
(e) The individual is or enrolls as a student with that
institution of higher education or the individual discontinues that
enrollment.
(f) As part of his or her course of studies at an institution
of higher education in this state, the individual is present at any
other location in this state, another state, a territory or
possession of the United States, or another country for 14 or more
consecutive days or 30 or more total days in a calendar year, or
the individual discontinues his or her studies at that location.
(2) An individual required to be registered under this act who
is a resident of this state shall report his or her status in
person to 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 nearest to the individual's new
residence or domicile, if any of the events described under
subsection (1) occur.
(3) The report required under subsections (1) and (2) shall be
made as follows:
(a) For an individual registered under this act before October
1, 2002 who is required to make his or her first report under
subsections (1) and (2), not later than January 15, 2003.
(b) For an individual who is an employee, a contractual
provider, an employee of a contractual provider, or a volunteer on
that campus on October 1, 2002, or who is a student on that campus
on October 1, 2002, who is subsequently required to register under
this act, on the date he or she is required to register under this
act.
(c) Except as provided under subdivisions (a) and (b), within
10
3 days after the individual becomes an employee, a
contractual
provider, an employee of a contractual provider, or a volunteer on
that campus, or discontinues that status, or changes location, or
within
10 3 days after he or she enrolls or discontinues his or
her
enrollment as a student on that campus including study in this
state or another state, a territory or possession of the United
States, or another country.
(4) The additional registration reports required under this
section shall be made in the time periods described in section
5a(4)(a) and (b) for reports under that section.
(5) The local law enforcement agency, sheriff's department, or
department post to which an individual reports under this section
shall require the individual to pay the registration fee required
under section 5a or section 7(1) and to present written
documentation of employment status, contractual relationship,
volunteer status, or student status. Written documentation under
this subsection may include, but need not be limited to, any of the
following:
(a) A W-2 form, pay stub, or written statement by an employer.
(b) A contract.
(c) A student identification card or student transcript.
Sec. 5. (1) 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 within 10 3 days after the individual changes
or vacates his or her residence, domicile, or place of work or
education, including any change required to be reported under
section 4a.
(2) If an individual who is incarcerated in a state
correctional facility and is required to be registered under this
act is granted parole or is due to be released upon completion of
his or her maximum sentence, the department of corrections, before
releasing the individual, shall provide notice of the location of
the individual's proposed place of residence or domicile to the
sheriff's department having jurisdiction over that location or to
the appropriate state police department post.
(3) 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.
(4) An individual required to be registered under this act
shall notify the department on a form prescribed by the department
not
later than 10 3 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.
(5) 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.
(6) An individual registered under this act shall comply with
the verification procedures and proof of residence procedures
prescribed in sections 4a and 5a.
(7) Except as provided in subsections (8) and (9), an
individual shall comply with this section for 25 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.
(8) Except as provided in subsection (9), 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.
(9) 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 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 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 listed
offenses that are misdemeanors, 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" means that
term as defined in section 1 of chapter I of the code of criminal
procedure, 1927 PA 175, MCL 761.1.
(b) If the person is registered for 1 or more listed offenses
that are felonies, 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" means that term as defined in section 1 of chapter I of
the code of criminal procedure, 1927 PA 175, MCL 761.1.
(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 3 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 fee
prescribed under section 7(1) shall pay a $35.00 registration fee.
An individual shall only be required to pay a fee once under this
subsection.
(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. 7. (1) A registration under this act shall be made on a
form provided by the department and shall be forwarded to the
department in the format the department prescribes, along with a
$35.00 registration fee for each original registration, except as
otherwise provided in section 5b. A registration shall contain all
of the following:
(a) The individual's name, social security number, date of
birth, and address or expected address. An individual who is in a
witness protection and relocation program is only required to use
the name and identifying information reflecting his or her new
identity in a registration under this act. The registration and
compilation databases shall not contain any information identifying
the individual's prior identity or locale. The department shall
request each individual to provide his or her date of birth if it
is not included in the registration, and that individual shall
comply with the request within 10 days.
(b) A brief summary of the individual's convictions for listed
offenses regardless of when the conviction occurred, including
where the offense occurred and the original charge if the
conviction was for a lesser offense.
(c) A complete physical description of the individual.
(d) The photograph required under section 5a.
(e) The individual's fingerprints if not already on file with
the department. An individual required to be registered on
September 1, 1999 shall have his or her fingerprints taken not
later than September 12, 1999 if not already on file with the
department. The department shall forward a copy of the individual's
fingerprints to the federal bureau of investigation if not already
on file with that bureau.
(f) Information that is required to be reported under section
4a.
(g) If the individual is an owner of a motor vehicle or is
permitted to operate a motor vehicle belonging to another person,
the make, model, year, and registration plate number of each of
those motor vehicles.
(2) A registration may contain the individual's blood type and
whether a DNA identification profile of the individual is
available.
(3) The form used for registration or verification under this
act shall contain a written statement that explains the duty of the
individual being registered to provide notice of a change of
address under section 5, the procedures for providing that notice,
and the verification procedures under section 5a.
(4) The individual shall sign a registration, notice, and
verification. However, the registration, notice, or verification
shall be forwarded to the department regardless of whether the
individual signs it or pays the registration fee required under
subsection (1).
(5) The officer, court, or an employee of the agency
registering the individual or receiving or accepting a registration
under section 4 shall sign the registration form.
(6) An individual shall not knowingly provide false or
misleading information concerning a registration, notice, or
verification.
(7) The department shall prescribe the form for a notification
required under section 5 and the format for forwarding the
notification to the department.
(8) The department shall promptly provide registration,
notice, and verification information to the federal bureau of
investigation and to local law enforcement agencies, sheriff's
departments, department posts, and agencies of other states
requiring the information, as provided by law.
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. The database shall also include the complete criminal history
of each individual required to be registered under this act as
shown by the records of the department.
(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) All criminal convictions of each individual registered
under this act as shown by the records of the department.
(e) The name and address of the individual's employer.
(f) The make, model, year, and registration plate number of
each motor vehicle that is owned by the individual or that he or
she is permitted to operate.
(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, criminal history, 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.