SB-0221, As Passed Senate, October 24, 2013

SUBSTITUTE FOR

SENATE BILL NO. 221

      A bill to amend 1994 PA 295, entitled

"Sex offenders registration act,"

by amending section 5a (MCL 28.725a), as amended by 2011 PA 17.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1        Sec. 5a. (1) Not later than July 1, 2011, the The department

 2  shall mail a notice to each individual registered under this act

 3  who is not in a state correctional facility explaining the

 4  individual's duties under this act as amended.

 5        (2) Upon the release of an individual registered under this

 6  act who is in a state correctional facility, the department of

 7  corrections shall provide written notice to that individual

 8  explaining his or her duties under this section and this act as

 9  amended and the procedure for registration, notification, and

10  verification and payment of the registration fee prescribed under

 1  subsection (6) or section 7(1). The individual shall sign and

 2  date the notice. The department of corrections shall maintain a

 3  copy of the signed and dated notice in the individual's file. The

 4  department of corrections shall forward the original notice to

 5  the department immediately, regardless of whether the individual

 6  signs it.

 7        (3) An Subject to subsection (4), an individual required to

 8  be registered under this act who is not incarcerated shall report

 9  in person to the registering authority where he or she is

10  domiciled or resides for verification of domicile or residence as

11  follows:

12        (a) A tier I offender shall report not earlier than January

13  1 or later than January 15 of each year after the initial

14  verification or registration.

15        (b) A tier II offender shall report not earlier than the

16  first day or later than the fifteenth day of each January and

17  July after the initial verification or registration.

18        (c) A tier III offender shall report not earlier than the

19  first day or later than the fifteenth day of each April, July,

20  October, and January after the initial verification or

21  registration.

22        (a) If the individual is a tier I offender, the individual

23  shall report once each year during the individual's month of

24  birth.

25        (b) If the individual is a tier II offender, the individual

26  shall report twice each year according to the following schedule:

1	Birth Month	Reporting Months
2	January	January and July
3	February	February and August
4	March	March and September
5	April	April and October
6	May	May and November
7	June	June and December
8	July	January and July
9	August	February and August
10	September	March and September
11	October	April and October
12	November	May and November
13	December	June and December

14        (b) If the individual is a tier III offender, the individual

15  shall report 4 times each year according to the following

16  schedule:

17	Birth Month	Reporting Months
18	January	January, April, July, and October
19	February	February, May, August, and November
20	March	March, June, September, and December
21	April	April, July, October, and January
22	May	May, August, November, and February
23	June	June, September, December, and March
24	July	July, October, January, and April
25	August	August, November, February, and May
26	September	September, December, March, and June
27	October	October, January, April, and July

1	November	November, February, May, and August
2	December	December, March, June, and September

 3        (4) A report under subsection (3) shall be made no earlier

 4  than the first day or later than the last day of the month in

 5  which the individual is required to report. However, if the

 6  registration period for that individual expires during the month

 7  in which he or she is required to report under this section, the

 8  individual shall report during that month on or before the date

 9  his or her registration period expires. When an individual

10  reports under subsection (3), the individual shall review all

11  registration information for accuracy.

12        (5) When an individual reports under subsection (3), an

13  officer or authorized employee of the registering authority shall

14  verify the individual's residence or domicile and any information

15  required to be reported under section 4a. The officer or

16  authorized employee shall also determine whether the individual's

17  photograph required under this act matches the appearance of the

18  individual sufficiently to properly identify him or her from that

19  photograph. If not, the officer or authorized employee shall

20  require the individual to immediately obtain a current photograph

21  under this section. When all of the verification information has

22  been provided, the officer or authorized employee shall review

23  that information with the individual and make any corrections,

24  additions, or deletions the officer or authorized employee

25  determines are necessary based on the review. The officer or

26  authorized employee shall sign and date a verification receipt.

Senate Bill No. 221 (S-2) as amended October 17, 2013

 1  The officer or authorized employee shall give a copy of the

 2  signed receipt showing the date of verification to the

 3  individual. The officer or authorized employee shall forward

 4  verification information to the department in the manner the

 5  department prescribes. The department shall revise the law

 6  enforcement database and public internet website maintained under

 7  section 8 as necessary and shall indicate verification in the

 8  public internet website maintained under section 8(2).

 9        (6) Except as otherwise provided in section 5b, beginning

10  October 16, 2004, an individual who reports as prescribed under

11  subsection (3) and who has not already paid the fee prescribed

12  under section 7(1) shall pay a $50.00 registration fee . An

13  individual shall only be required to pay a fee once under this

14  subsection.as follows:

15        (a) Upon initial registration.

16        (b) Annually following the year of initial registration. The

17  payment of the registration fee under this subdivision shall be

18  made at the time the individual reports in the first reporting

19  month for that individual as set forth in subsection (3) of each

20  year in which the fee applies[, UNLESS AN INDIVIDUAL ELECTS TO PREPAY

    AN ANNUAL REGISTRATION FEE FOR ANY FUTURE YEAR FOR WHICH AN ANNUAL 

    REGISTRATION FEE IS REQUIRED. PREPAYING ANY ANNUAL REGISTRATION FEE SHALL

    NOT CHANGE OR ALTER THE REQUIREMENT OF AN INDIVIDUAL TO REPORT AS SET

    FORTH IN SUBSECTION (3)]. The payment of the registration

21  fee under this subdivision is not required to be made for any

22  registration year that has expired before January 1, 2014 [OR TO BE

    MADE BY ANY INDIVIDUAL INITIALLY REQUIRED TO REGISTER UNDER THIS ACT

    AFTER JANUARY 1, 2019]. The

23  registration fee required to be paid under this subdivision shall

24  not be prorated on grounds that the individual will complete his

25  or her registration period after the month in which the fee is

26  due.

          [(C) THE SUM OF THE AMOUNTS REQUIRED TO BE PAID UNDER SUBDIVISIONS

    (A) AND (B) SHALL NOT EXCEED $550.00.]

27        (7) An individual required to be registered under this act

 1  shall maintain either a valid operator's or chauffeur's license

 2  issued under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to

 3  257.923, or an official state personal identification card issued

 4  under 1972 PA 222, MCL 28.291 to 28.300, with the individual's

 5  current address. The license or card may be used as proof of

 6  domicile or residence under this section. In addition, the

 7  officer or authorized employee may require the individual to

 8  produce another document bearing his or her name and address,

 9  including, but not limited to, voter registration or a utility or

10  other bill. The department may specify other satisfactory proof

11  of domicile or residence.

12        (8) An individual registered under this act who is

13  incarcerated shall report to the secretary of state under this

14  subsection immediately after he or she is released to have his or

15  her digitalized photograph taken. The individual is not required

16  to report under this subsection if he or she had a digitized

17  photograph taken for an operator's or chauffeur's license or

18  official state personal identification card before January 1,

19  2000, or within 2 years before he or she is released unless his

20  or her appearance has changed from the date of that photograph.

21  Unless the person is a nonresident, the photograph shall be used

22  on the individual's operator's or chauffeur's license or official

23  state personal identification card. The individual shall have a

24  new photograph taken when he or she renews the license or

25  identification card as provided by law, or as otherwise provided

26  in this act. The secretary of state shall make the digitized

27  photograph available to the department for a registration under

Senate Bill No. 221 (S-2) as amended October 17, 2013

 1  this act.

 2        (9) If an individual does not report under this section or

 3  under section 4a, the department shall notify all registering

 4  authorities as provided in section 8a and initiate enforcement

 5  action as set forth in that section.

 6        (10) The department shall prescribe the form for the notices

 7  and verification procedures required under this section.

 8        (11) Subsection (1) applies beginning on the effective date

 9  of the amendatory act that added this subsection. Subsections (2)

10  through (10) apply beginning July 1, 2011.

11        Enacting section 1. This amendatory act takes effect [April]

12  1, 2014.