February 1, 2005, Introduced by Senators SANBORN, BIRKHOLZ, THOMAS, GARCIA, PATTERSON, BARCIA, CLARKE, CROPSEY, JELINEK, GOSCHKA and ALLEN and referred to the Committee on Judiciary.
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
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) changes his or her
registration under this act to a location that is in or not more
than 1 mile from 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
subsection (2) or (3).