INCREASE PENALTIES FOR FAILURE

TO REPORT AS A SEX OFFENDER

House Bill 4934

Sponsor:  Rep. Richard Ball

House Bill 4935

Sponsor:  Rep. Tory Rocca

Committee:  Judiciary

Complete to 6-20-05

A SUMMARY OF HOUSE BILLS 4934 AND 4935 AS INTRODUCED 6-14-05

House Bill 4934 would amend the Sex Offenders Registration Act (MCL 28.725 and 28.729) to revise the penalties for violating certain duties imposed on an offender. 

Under the act, a person convicted of a listed offense (a crime that requires registration as a sex offender) must adhere to the act's reporting and registration requirements.  Section 5a requires a sex offender convicted of a misdemeanor offense to report in person to the local law enforcement agency once a year and an offender convicted of a felony four times a year.  It also requires an offender to maintain a current state driver's license or state identification card, to pay certain fees, and to have a digital photo taken (which is available for use by the Department of State Police) at a Secretary of State office.  Currently, it is a misdemeanor punishable by imprisonment for not more than 93 days and/or a fine of not more than $1,000 to violate Section 5a of the act.

The bill would instead specify that a violation of Section 5a, other than failure to pay the fee, would be a crime punishable as follows:

·                    For no prior convictions for a violation of the act, a misdemeanor punishable by up to 93 days imprisonment and/or a fine of not more than $1,000.

·                    For one prior conviction for a violation of the act, a misdemeanor punishable by imprisonment for not more than one year and/or a fine of not more than $2,000.

·                    For two or more prior convictions for a violation of the act, a felony punishable by imprisonment for not more than four years and/or a fine of not more than $2,500.

In addition, the act requires an individual required to be registered to notify the local law enforcement agency within 10 days of being paroled; final release from prison; or changing his or her place of residence, domicile, or place of work or education.  The bill would also require a notification if the individual vacated the residence, domicile, or place of work or education.

House Bill 4935 would amend the sentencing guidelines portion of the Code of Criminal Procedure (MCL 777.11b) to specify that failure to update sex offender registration information – second offense – would be a Class F felony against the public order with a maximum term of imprisonment of four years.

The bill is tie-barred to House Bill 4934.

FISCAL IMPACT:

By providing for felony penalties and one-year misdemeanor penalties, the bills could increase correctional costs for the state and local units of government.  Felony incarceration and felony probation supervision are the responsibility of the state, which could experience increased costs of prison incarceration (which averages about $29,000 per prisoner per year) or probation supervision (which averages $1,977 per supervised offender per year).  Costs of incarcerating felony or misdemeanor offenders in jails would fall to counties; costs vary by county.  Local units of government also could incur increased costs if the numbers of offenders under misdemeanor probation supervision increased.  Increases in penal fine revenues could benefit local libraries, which are the constitutionally-designated recipients of such revenue.

                                                                                           Legislative Analyst:   Susan Stutzky

                                                                                                  Fiscal Analyst:   Marilyn Peterson

■ This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.