September 20, 2005, Introduced by Reps. Baxter, David Law, Acciavatti, Marleau, Hildenbrand, Gleason, Rocca and Nitz and referred to the Committee on Judiciary.
A bill to amend 1994 PA 295, entitled
"Sex offenders registration act,"
by amending section 5 (MCL 28.725), as amended by 2004 PA 240.
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
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 does not take effect
unless Senate Bill No.____ or House Bill No. 5194(request no.
03702'05 a) of the 93rd Legislature is enacted into law.