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HB-4930, As Passed Senate, August 31, 2005

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4930

A bill to amend 1976 PA 451, entitled

"The revised school code,"

(MCL 380.1 to 380.1852) by adding section 1230d.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1230d. (1) If a person who is employed in any capacity by

a school district, intermediate school district, public school

academy, or nonpublic school; who has applied for a position with a

school district, intermediate school district, public school

academy, or nonpublic school and has had an initial criminal

history check under section 1230 or criminal records check under

section 1230a; or who is regularly and continuously working under

contract in a school district, intermediate school district, public

school academy, or nonpublic school, is charged with a crime listed

in section 1535a(1) or a violation of a substantially similar law

of another state, a political subdivision of this state or another

state, or of the United States, the person shall report to the

department and to the school district, intermediate school

district, public school academy, or nonpublic school that he or she

has been charged with the crime. All of the following apply to this

reporting requirement:

(a) The person shall make the report on a form prescribed by

the department.

(b) The person shall submit the report to the department and

to the superintendent of the school district or intermediate school

district or chief administrator of the public school academy or

nonpublic school.

after being arraigned for the crime.

(2) If a person who is employed in any capacity by or is

regularly and continuously working under contract in a school

district, intermediate school district, public school academy, or

nonpublic school enters a plea of guilt or no contest to or is the

subject of a finding of guilt by a judge or jury of any crime after

having been initially charged with a crime described in section

1535a(1) or 1539b(1), then the person immediately shall disclose to

the court, on a form prescribed by the state court administrative

office, that he or she is employed by or working under contract in

a school district, intermediate school district, public school

academy, or nonpublic school. The person shall immediately provide

a copy of the form to the prosecuting attorney in charge of the

case, to the superintendent of public instruction, and to the

superintendent or chief administrator of the school district,

intermediate school district, public school academy, or nonpublic

school.

(3) A person who violates subsection (1) or (2) is guilty of a

crime, as follows:

(a) If the person violates either subsection (1) or (2) and

the crime involved in the violation is a misdemeanor that is a

listed offense or is a felony, the person is guilty of a felony

punishable by imprisonment for not more than 2 years or a fine of

not more than $2,000.00, or both.

(b) If the person violates either subsection (1) or (2) and

the crime involved in the violation is a misdemeanor that is not a

listed offense, the person is guilty of a misdemeanor punishable by

imprisonment for not more than 1 year or a fine of not more than

$1,000.00, or both.

(4) A person who violates subsection (1) or (2) may be

discharged from his or her employment or have his or her contract

terminated. If the board of a school district or intermediate

school district or board of directors of a public school academy

finds, after providing notice and the opportunity for a hearing,

that a person employed by the school district, intermediate school

district, or public school academy has violated subsection (1) or

(2), the board or board of directors may discharge the person from

his or her employment. However, if a collective bargaining

agreement that applies to the affected person is in effect as of

the effective date of this section, and if that collective

bargaining agreement is not in compliance with this subsection,

then this subsection does not apply to that school district,

intermediate school district, or public school academy until after

the expiration of that collective bargaining agreement.

(5) If a person submits a report that he or she has been

charged with a crime, as required under subsection (1), and the

person is subsequently not convicted of any crime after the

completion of judicial proceedings resulting from that charge, then

the person may request the department and the school district,

intermediate school district, public school academy, or nonpublic

school to delete the report from its records concerning the person.

Upon receipt of the request from the person and of documentation

verifying that the person was not convicted of any crime after the

completion of judicial proceedings resulting from that charge, the

department or a school district, intermediate school district,

public school academy, or nonpublic school shall delete the report

from its records concerning the person.

(6) If the prosecuting attorney in charge of a case receives a

form as provided under subsection (2), the prosecuting attorney

shall notify the superintendent of public instruction and the

superintendent or chief administrator of any school district,

intermediate school district, public school academy, or nonpublic

school in which the person is employed by forwarding a copy of the

form to each of them not later than 7 days after receiving the

form. If the court receives a form as provided under subsection

(2), the court shall notify the superintendent of public

instruction and the superintendent or chief administrator of any

school district, intermediate school district, public school

academy, or nonpublic school in which the person is employed by

forwarding to each of them a copy of the form and information

regarding the sentence imposed on the person not later than 7 days

after the date of sentencing, even if the court is maintaining the

file as a nonpublic record.

(7) The department of information technology shall work with

the department and the department of state police to develop and

implement an automated program that does a quarterly comparison of

the department's list of registered educational personnel with the

conviction information received by the department of state police,

including convictions contained in a nonpublic record. After

implementation of this program, if the quarterly comparison

discloses that a person on the department's list of registered

educational personnel has been convicted of a crime, the department

of state police shall notify the superintendent or chief

administrator and the board or governing body of the school

district, intermediate school district, public school academy, or

nonpublic school in which the person is employed of that

conviction.

(8) As used in this section, "listed offense" means that term

as defined in section 2 of the sex offenders registration act, 1994

PA 295, MCL 28.722.

Enacting section 1. This amendatory act takes effect January

1, 2006.

Enacting section 2. This amendatory act does not take effect

unless all of the following bills of the 93rd Legislature are