March 1, 2011, Introduced by Reps. Moss and Walsh and referred to the Committee on Judiciary.
A bill to amend 1994 PA 295, entitled
"Sex offenders registration act,"
(MCL 28.721 to 28.736) by adding section 37.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 37. (1) As used in this section:
(a) "Child sexual offender" means an individual 18 years of
age or older who has been convicted of any of the following:
(i) A listed offense committed against an individual less than
16 years of age.
(ii) A violation of section 145c of the Michigan penal code,
1931 PA 328, MCL 750.145c, involving any child sexually abusive
material or performance.
(b) "Predatory offender" means an individual 18 years of age
or older who has been convicted of 2 or more listed offenses
arising out of separate criminal transactions or who is determined
to be a sexually delinquent person as defined in section 10a of the
Michigan penal code, 1931 PA 328, MCL 750.10a.
(c) "School property" means that term as defined in section 33
but includes a school bus and any other vehicle being used to
transport school students.
(2) Except as provided in subsection (3), an individual 18
years of age or older who is required to be registered under this
act shall not enter onto any school property except as follows:
(a) If the individual is a student at that school, the
individual may enter onto school property at any time the school
property is available for use by students unless otherwise
prohibited by the school.
(b) If the individual is a parent or guardian, sibling, or
grandparent of a child attending that school and is required to be
registered under this act but is not a predatory offender or a
child sexual offender, the individual may enter onto school
property only during school hours and only as expressly permitted
by the school. The failure of a school to respond to the
individual's request to enter onto school property or to otherwise
grant permission to enter onto school property under this
subdivision constitutes a denial of permission. The terms of any
permission granted by a school shall be strictly construed in
determining whether the individual has exceeded his or her
authority to enter onto or remain on school property.
(c) If the individual is a parent or guardian of a child
attending that school and is a predatory offender or a child sexual
offender, the individual may enter onto school property only during
school hours, only as expressly permitted by the school, and only
as provided in this section. The failure of a school to respond to
the individual's request to enter onto school property or to
otherwise grant permission to enter onto school property under this
subdivision constitutes a denial of permission. The terms of any
permission granted by a school shall be strictly construed in
determining whether the individual has exceeded his or her
authority to enter onto or remain on school property.
(3) Subsection (2) does not apply to an individual who is
required to be registered under this act but who is not a predatory
offender or a child sexual offender who enters onto school property
after school hours to attend any function or event that is open to
the general public including a school sporting event. However, the
individual's right to enter onto school property and his or her
conduct while on that school property shall be subject to the rules
of the school and to any prohibition imposed by the school under
subsection (4).
(4) This section does not prohibit a school from prohibiting
any individual, any class of individuals, or all individuals
required to register under this act from entering onto school
property at any time.
(5) Notwithstanding anything else to the contrary in this
section, an individual required to register under this act shall
not chaperone students for any school function or event.
(6) If a predatory offender or child sexual offender has a
child or ward in a school, the predatory offender or child sexual
offender shall register with that school by September 30 of each
year or, if his or her child is enrolled in that school after
September 30, within 10 days after the date of enrollment as
follows:
(a) The registration shall be in writing. The school may
provide or designate the registration form to be used under this
subdivision.
(b) The predatory offender or child sexual offender shall
provide all of the following information on the registration form:
(i) The date.
(ii) His or her full name and address.
(iii) The full name of his or her child or ward.
(iv) A statement of the listed offenses of which he or she was
convicted. The statement shall include the date of each conviction
and the name of the court in which the conviction was obtained.
(v) Any other information required by the school.
(7) An individual required to register with a school under
subsection (6) shall report any change in the registration
information provided to the school under that subsection within 10
days after the change takes place.
(8) A registration under subsection (6) is valid for the
school year.
(9) Subject to subsection (2)(c), a predatory offender or
child sexual offender who properly registers under this section may
enter onto school property to attend a school function or activity
at that school only during school hours and only under the
following circumstances:
(a) The school function or activity involves his or her child
or ward.
(b) He or she first immediately reports in person at the
school office or as otherwise provided by the school.
(c) Except as provided in subdivision (d), he or she is
accompanied by a school employee or school volunteer who is 21
years of age or older and not required to register under this act
at all times while he or she is on school property.
(d) If he or she is attending a school function or event
during school hours that is open to the general public or to all of
the parents or guardians of children in attendance at that school,
he or she is accompanied to and from his or her seat by the school
employee or school volunteer described in subdivision (c).
(e) He or she does not initiate or maintain contact with any
child other than his or her own child or ward except as approved by
the school employee or school volunteer described in subdivision
(c).
(10) If a predatory offender or child sexual offender
registers under this section to enter onto school property, the
school shall do all of the following:
(a) Within 10 days after receiving the completed registration
form, and before allowing the predatory offender or child sexual
offender to enter onto school property, notify all employees of the
school that the predatory offender or child sexual offender is the
parent or guardian of that child.
(b) Upon inquiry by a parent or guardian of any other child in
that school, provide that parent or guardian with the registration
information for each predatory offender or child sexual offender
that has a child in that school. However, the report under this
subdivision shall not disclose the name of the child.
(11) A school may comply with the requirements of subsection
(10)(b) by making the predatory offender and child sexual offender
information required under subsection (10) available to parents and
guardians of children in attendance at that school at all times
through the internet.
(12) This section does not prohibit an individual required to
be registered under this act from doing any of the following:
(a) Picking up or dropping off his or her child or ward at
school if he or she remains in his or her vehicle in an area
designated for the parking of vehicles or an area designated for
picking up or dropping off children at school. However, the
individual shall not initiate or maintain contact with any child
other than his or her own child or ward while he or she is on
school property.
(b) Entering onto school property in response to notification
by the school, a law enforcement agency, fire department, or
emergency care provider that his or her child or ward is involved
in, or has been involved in, a medical or emergency situation for
which the individual's presence on school property is requested or
required. However, the individual shall not initiate or maintain
contact with any child other than his or her own child or ward
while he or she is on school property.
(c) Entering onto school property to vote in an election in
which the school is his or her polling place location. However, the
individual shall not initiate or maintain contact with any child
other that his or her own child or ward while he or she is on
school property.
(13) Registration information maintained by a school under
subsection (6) is subject to disclosure under the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246. However, the
name of the child attending the school is confidential and shall
not be disclosed under the freedom of information act, 1976 PA 442,
MCL 15.231 to 15.246, or under this subsection.
(14) A school is subject to an injunctive order requiring
compliance with this act. However, the school district, the school
board, the school, and all school employees and volunteers are
immune for civil damages arising out of any failure to comply with
the requirements of this section or for the manner of compliance,
including any decision to grant or deny entry onto school property,
or for failing to act on a request to enter onto school property.