October 24, 2007, Introduced by Rep. David Law and referred to the Committee on Judiciary.
A bill to amend 1994 PA 295, entitled
"Sex offenders registration act,"
by amending sections 3, 4, 5a, and 7 (MCL 28.723, 28.724, 28.725a,
and 28.727), section 3 as amended by 1999 PA 85, section 4 as
amended by 2004 PA 240, section 5a as amended by 2005 PA 322, and
section 7 as amended by 2004 PA 237.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3. (1) Subject to subsection (2), the following
individuals who are domiciled or temporarily reside in this state
for 14 or more consecutive days, who work with or without
compensation or are students in this state for 14 or more
consecutive days, or who are domiciled, reside, or work with or
without compensation or are students in this state for 30 or more
total days in a calendar year are required to be registered under
this act:
(a) An individual who is convicted of a listed offense after
October 1, 1995.
(b) An individual convicted of a listed offense on or before
October 1, 1995 if on October 1, 1995 he or she is on probation or
parole, committed to jail, committed to the jurisdiction of the
department of corrections, or under the jurisdiction of the
juvenile division of the probate court or the department of social
services for that offense or is placed on probation or parole,
committed to jail, committed to the jurisdiction of the department
of corrections, placed under the jurisdiction of the juvenile
division of the probate court or family division of circuit court,
or committed to the department of social services or family
independence agency after October 1, 1995 for that offense.
(c) An individual convicted of an offense described in section
2(d)(xiii) 2(e)(xiii) on or before October 1, 1995
if on October 1,
1995 he or she is on probation or parole that has been transferred
to this state for that offense or his or her probation or parole is
transferred to this state after October 1, 1995 for that offense.
(d) An individual from another state who is required to
register or otherwise be identified as a sex or child offender or
predator under a comparable statute of that state.
(e) Beginning October 1, 2007, an individual convicted of
violating section 520b or 520c of the Michigan penal code, 1931 PA
328, MCL 750.520b and 750.520c, or a substantially similar law of
the United States or of another state or country, or a
substantially similar tribal or military law, who has not
previously registered under this act, if all of the following
apply:
(i) The individual was convicted of the offense on or before
October 1, 1995.
(ii) The individual was 17 years of age or older at the time
the offense was committed.
(iii) The victim was under 13 years of age at the time the
offense was committed.
(2) An individual convicted of an offense added on September
1, 1999 to the definition of listed offense is not required to be
registered solely because of that listed offense unless 1 of the
following applies:
(a) The individual is convicted of that listed offense on or
after September 1, 1999.
(b) On September 1, 1999, the individual is on probation or
parole, committed to jail, committed to the jurisdiction of the
department of corrections, under the jurisdiction of the family
division of circuit court, or committed to the family independence
agency for that offense or the individual is placed on probation or
parole, committed to jail, committed to the jurisdiction of the
department of corrections, placed under the jurisdiction of the
family division of circuit court, or committed to the family
independence agency on or after September 1, 1999 for that offense.
(c) On September 1, 1999, the individual is on probation or
parole for that offense which has been transferred to this state or
the individual's probation or parole for that offense is
transferred to this state after September 1, 1999.
(d) On September 1, 1999, in another state or country the
individual is on probation or parole, committed to jail, committed
to the jurisdiction of the department of corrections or a similar
type of state agency, under the jurisdiction of a court that
handles matters similar to those handled by the family division of
circuit court in this state, or committed to an agency with the
same authority as the family independence agency for that offense.
Sec. 4. (1) Registration of an individual under this act shall
proceed as provided in this section.
(2)
For Except as provided in
subsection (5), for an
individual convicted of a listed offense on or before October 1,
1995 who on or before October 1, 1995 is sentenced for that
offense, has a disposition entered for that offense, or is assigned
to youthful trainee status for that offense, the following shall
register the individual by December 31, 1995:
(a) If the individual is on probation for the listed offense,
the individual's probation officer.
(b) If the individual is committed to jail for the listed
offense, the sheriff or his or her designee.
(c) If the individual is under the jurisdiction of the
department of corrections for the listed offense, the department of
corrections.
(d) If the individual is on parole for the listed offense, the
individual's parole officer.
(e) If the individual is within the jurisdiction of the
juvenile division of the probate court or the department of social
services under an order of disposition for the listed offense, the
juvenile division of the probate court or the department of social
services.
(3)
Except as provided in subsection subsections (4) and (5),
for an individual convicted of a listed offense on or before
October 1, 1995:
(a) If the individual is sentenced for that offense after
October 1, 1995 or assigned to youthful trainee status after
October 1, 1995, the probation officer shall register the
individual before sentencing or assignment.
(b) If the individual's probation or parole is transferred to
this state after October 1, 1995, the probation or parole officer
shall register the individual within 14 days after the transfer.
(c) If the individual is placed within the jurisdiction of the
juvenile division of the probate court or family division of
circuit court or committed to the department of social services or
family independence agency under an order of disposition entered
after October 1, 1995, the juvenile division of the probate court
or family division of circuit court shall register the individual
before the order of disposition is entered.
(4) For an individual convicted on or before September 1, 1999
of an offense that was added on September 1, 1999 to the definition
of listed offense, the following shall register the individual:
(a) If the individual is on probation or parole on September
1, 1999 for the listed offense, the individual's probation or
parole officer not later than September 12, 1999.
(b) If the individual is committed to jail on September 1,
1999 for the listed offense, the sheriff or his or her designee not
later than September 12, 1999.
(c) If the individual is under the jurisdiction of the
department of corrections on September 1, 1999 for the listed
offense, the department of corrections not later than November 30,
1999.
(d) If the individual is within the jurisdiction of the family
division of circuit court or committed to the family independence
agency or county juvenile agency on September 1, 1999 under an
order of disposition for the listed offense, the family division of
circuit court, the family independence agency, or the county
juvenile agency not later than November 30, 1999.
(e) If the individual is sentenced or assigned to youthful
trainee status for that offense after September 1, 1999, the
probation officer shall register the individual before sentencing
or assignment.
(f) If the individual's probation or parole for the listed
offense is transferred to this state after September 1, 1999, the
probation or parole officer shall register the individual within 14
days after the transfer.
(g) If the individual is placed within the jurisdiction of the
family division of circuit court or committed to the family
independence agency for the listed offense after September 1, 1999,
the family division of circuit court shall register the individual
before the order of disposition is entered.
(5) For an individual who was convicted of an offense
described in section 3(1)(e) before October 1, 1995 who has not
previously registered under this act, the department shall register
the individual within 14 days after he or she presents himself or
herself for registration.
(6) (5)
Subject to section 3, an individual
convicted of a
listed offense in this state after October 1, 1995 shall register
before sentencing, entry of the order of disposition, or assignment
to youthful trainee status. The probation officer or the family
division of circuit court shall give the individual the
registration form after the individual is convicted, explain the
duty to register and to pay a registration fee, to verify his or
her address, and to provide notice of address changes, and accept
the completed registration for processing under section 6. The
court shall not impose sentence, enter the order of disposition,
or, before October 1, 2004, assign the individual to youthful
trainee status, until it determines that the individual's
registration was forwarded to the department as required under
section 6.
(7) (6)
All of the following shall register
with the local law
enforcement agency, sheriff's department, or the department within
14 days after becoming domiciled or temporarily residing, working,
or being a student in this state for the periods specified in
section 3(1):
(a) Subject to section 3(1), an individual convicted in
another state or country after October 1, 1995 of a listed offense
as defined before September 1, 1999.
(b) Subject to section 3(2), an individual convicted in
another state or country of an offense added on September 1, 1999
to the definition of listed offenses.
(c) An individual required to be registered as a sex offender
in another state or country regardless of when the conviction was
entered.
Sec. 5a. (1) Not later than December 1, 2004, the department
shall mail a notice to each individual registered under this act
who is not in a state correctional facility explaining the
individual's duties under this section and this act as amended and
the procedure for registration, notification, and verification and
paying the registration fee prescribed under subsection (7) or
section 7(1).
(2) Upon the release of an individual registered under this
act who is in a state correctional facility, the department of
corrections shall provide written notice to that individual
explaining his or her duties under this section and this act as
amended and the procedure for registration, notification, and
verification and payment of the registration fee prescribed under
subsection (7) or section 7(1). The individual shall sign and date
the notice. The department of corrections shall maintain a copy of
the signed and dated notice in the individual's file. The
department of corrections shall forward the original notice to the
department within 30 days, regardless of whether the individual
signs it.
(3) Not later than January 15, 2000, an individual registered
under this act who is not incarcerated shall report in person to
the local law enforcement agency or sheriff's department having
jurisdiction where he or she is domiciled or resides or to the
department post in or nearest to the county where he or she is
domiciled or resides. The individual shall present proof of
domicile or residence and update any information that changed since
registration, including information that is required to be reported
under section 4a. An individual registered under this act who is
incarcerated on January 15, 2000 shall report under this subsection
not less than 10 days after he or she is released.
(4) Except as provided in subsection (5), following initial
verification under subsection (3), or registration under this act
after January 15, 2000, an individual required to be registered
under this act who is not incarcerated shall report in person to
the local law enforcement agency or sheriff's department having
jurisdiction where he or she is domiciled or resides or to the
department post in or nearest to the county where he or she is
domiciled or resides for verification of domicile or residence as
follows:
(a) If the person is registered only for 1 or more listed
offenses that are misdemeanors, not earlier than January 1 or later
than January 15 of each year after the initial verification or
registration. As used in this subdivision, "misdemeanor" means that
term as defined in section 1 of chapter I of the code of criminal
procedure, 1927 PA 175, MCL 761.1.
(b) If the person is registered for 1 or more listed offenses
that are felonies, not earlier than the first day or later than the
fifteenth day of each April, July, October, and January following
initial verification or registration. As used in this subdivision,
"felony" means that term as defined in section 1 of chapter I of
the code of criminal procedure, 1927 PA 175, MCL 761.1.
(5) The continued reporting requirements of this section
following initial registration do not apply to an individual
convicted as a juvenile of committing an offense described in
section 8c(15)(a) or (b) committed by the individual when he or she
was less than 17 years of age, except that the individual shall
report a change in his or her residence within this state or to
another state as provided in this section within 10 days after the
change of residence is made. If the individual fails to file a
petition under section 8c before he or she becomes 18 years of age,
or if his or her petition is denied by the court, the individual
shall report as otherwise required under this section.
(6) When an individual reports under subsection (3) or (4), an
officer or authorized employee of the local law enforcement agency,
sheriff's department, or department post shall verify the
individual's residence or domicile and any information required to
be reported under section 4a. The officer or authorized employee
shall sign and date a verification form. The officer shall give a
copy of the signed form showing the date of verification to the
individual. The officer or employee shall forward verification
information to the department by the law enforcement information
network in the manner the department prescribes. The department
shall revise the databases maintained under section 8 as necessary
and shall indicate verification in the compilation under section
8(2).
(7) Except as otherwise provided in section 5b, beginning
October 16, 2004, an individual who reports as prescribed under
subsection (3) or (4) and who has not already paid the fee
prescribed under section 7(1) shall pay a $35.00 registration fee.
An individual shall only be required to pay a fee once under this
subsection.
(8) An individual required to be registered under this act
shall maintain either a valid operator's or chauffeur's license
issued under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to
257.923, or an official state personal identification card issued
under 1972 PA 222, MCL 28.291 to 28.300, with the individual's
current address. The license or card may be used as proof of
domicile or residence under this section. In addition, the officer
or authorized employee may require the individual to produce
another document bearing his or her name and address, including,
but not limited to, voter registration or a utility or other bill.
The department may specify other satisfactory proof of domicile or
residence.
(9)
Not earlier than January 1,
2000 or later than January 15,
2000
Beginning October 1, 2007 and not later than January
1, 2008,
an individual registered under this act who is not incarcerated
shall report in person to a secretary of state office and have his
or her digitized photograph taken. An individual registered under
this act who is incarcerated on January 15, 2000 shall report under
this subsection not less than 10 days after he or she is released.
The individual is not required to report under this subsection if
he or she had a digitized photograph taken for an operator's or
chauffeur's license or official state personal identification card
before
January 1, 2000 October
1, 2007, or within 2 years before he
or she is released. The photograph shall be used on the
individual's operator's or chauffeur's license or official state
personal identification card. The individual shall have a new
photograph taken when he or she renews the license or
identification card as provided by law. The secretary of state
shall make the digitized photograph available to the department for
a registration under this act.
(10) If an individual does not report under subsection (3) or
(4) or section 4a, the department shall notify the local law
enforcement agency, sheriff's department, or department post. An
appearance ticket may be issued for the individual's failure to
report as provided in sections 9a to 9g of chapter IV of the code
of criminal procedure, 1927 PA 175, MCL 764.9a to 764.9g.
(11) The department shall prescribe the form for the notices
and verification procedures required under this section.
Sec. 7. (1) A registration under this act shall be made on a
form provided by the department and shall be forwarded to the
department in the format the department prescribes, along with a
$35.00 registration fee for each original registration, except as
otherwise provided in section 5b. A registration shall contain all
of the following:
(a) The individual's name, social security number, date of
birth, and address or expected address. An individual who is in a
witness protection and relocation program is only required to use
the name and identifying information reflecting his or her new
identity in a registration under this act. The registration and
compilation databases shall not contain any information identifying
the individual's prior identity or locale. The department shall
request each individual to provide his or her date of birth if it
is not included in the registration, and that individual shall
comply with the request within 10 days.
(b) A brief summary of the individual's convictions for listed
offenses regardless of when the conviction occurred, including
where the offense occurred and the original charge if the
conviction was for a lesser offense.
(c) A complete physical description of the individual.
(d) The photograph required under section 5a.
(e) The individual's fingerprints if not already on file with
the department. An individual required to be registered on
September 1, 1999 October
1, 2007 shall have his or her
fingerprints
taken not later than September 12,
1999 January 1,
2008 if not already on file with the department. The department
shall forward a copy of the individual's fingerprints to the
federal bureau of investigation if not already on file with that
bureau.
(f) Information that is required to be reported under section
4a.
(2) A registration may contain the individual's blood type and
whether a DNA identification profile of the individual is
available.
(3) The form used for registration or verification under this
act shall contain a written statement that explains the duty of the
individual being registered to provide notice of a change of
address under section 5, the procedures for providing that notice,
and the verification procedures under section 5a.
(4) The individual shall sign a registration, notice, and
verification. However, the registration, notice, or verification
shall be forwarded to the department regardless of whether the
individual signs it or pays the registration fee required under
subsection (1).
(5) The officer, court, or an employee of the agency
registering the individual or receiving or accepting a registration
under section 4 shall sign the registration form.
(6) An individual shall not knowingly provide false or
misleading information concerning a registration, notice, or
verification.
(7) The department shall prescribe the form for a notification
required under section 5 and the format for forwarding the
notification to the department.
(8) The department shall promptly provide registration,
notice, and verification information to the federal bureau of
investigation and to local law enforcement agencies, sheriff's
departments, department posts, and agencies of other states
requiring the information, as provided by law.