HB-5193, As Passed House, June 20, 2006

SUBSTITUTE FOR

HOUSE BILL NO. 5193

     A bill to amend 1994 PA 295, entitled

"Sex offenders registration act,"

by amending section 5 (MCL 28.725), as amended by 2005 PA 132.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 5. (1)  Within 10 days after any of the following occur,

an  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  within 10 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.

     (b) The individual is paroled.

     (c) Final release of the individual from the jurisdiction of

the department of corrections.

     (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)  (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.

(4)  (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.

(5)  (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.

(6)  (5) An individual registered under this act shall comply

with the verification procedures and proof of residence procedures

prescribed in sections 4a and 5a.

(7)  (6) Except as provided in subsections  (7) and (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)  (7) Except as provided in subsection  (8)  (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)  (8) An individual who is ordered to register as provided

in section 8d shall register subject to that section.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted.

     Enacting section 2. This amendatory act does not take effect

unless House Bill No. 5194 of the 93rd Legislature is enacted into

law.