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SB-0128, As Passed Senate, May 24, 2005

SUBSTITUTE FOR

SENATE BILL NO. 128

A bill to amend 1994 PA 295, entitled

"Sex offenders registration act,"

by amending section 10 (MCL 28.730), as amended by 2004 PA 240.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 10. (1) Except as provided in this act, a registration or

report is confidential and information from that registration or

report shall not be open to inspection except for law enforcement

purposes. The registration or report and all included materials and

information are exempt from disclosure under section 13 of the

freedom of information act, 1976 PA 442, MCL 15.243.

(2) A department post, local law enforcement agency, or

sheriff's department shall make information from the compilation

described in section 8(2) for the zip code areas located in whole

Senate Bill No. 128 as amended May 19, 2005

or in part within the post's, agency's, or sheriff's department's

jurisdiction available for public inspection during regular

business hours. A department post, local law enforcement agency, or

sheriff's department is not required to make a copy of the

information for a member of the public.

<<(3) The department may make information from the compilation

described in section 8(2) available to the public through electronic,

computerized, or other accessible means.>> The department

shall provide for notification by electronic or computerized means

to any member of the public who has subscribed in a manner required

by the department when an individual who is the subject of the

compilation described in section 8(2) initially registers under

this act, or changes his or her registration under this act, to a

location that is in a zip code area designated by the subscribing

member of the public.

(4) Except as provided in this act, an individual other than

the registrant who knows of a registration or report under this act

and who divulges, uses, or publishes nonpublic information

concerning the registration or report in violation of this act is

guilty of a misdemeanor punishable by imprisonment for not more

than 93 days or a fine of not more than $1,000.00, or both.

(5) An individual whose registration or report is revealed in

violation of this act has a civil cause of action against the

responsible party for treble damages.

(6) Subsections (4) and (5) do not apply to the compilation

described in section 8(2) or information from that compilation that

is provided or made available under section 8(2) or under