SENATE BILL No. 178

 

 

February 7, 2007, Introduced by Senator KUIPERS and referred to the Committee on Judiciary.

 

 

 

     A bill to amend 1994 PA 295, entitled

 

"Sex offenders registration act,"

 

by amending sections 2, 4a, 5, 5a, 7, and 8 (MCL 28.722, 28.724a,

 

28.725, 28.725a, 28.727, and 28.728), section 2 as amended by 2005

 

PA 301, sections 4a and 7 as amended by 2004 PA 237, section 5 as

 

amended by 2006 PA 402, section 5a as amended by 2005 PA 322, and

 

section 8 as amended by 2004 PA 240.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. As used in this act:

 

     (a) "Convicted" means 1 of the following:

 

     (i) Having a judgment of conviction or a probation order

 

entered in any court having jurisdiction over criminal offenses,

 

including, but not limited to, a tribal court or a military court,

 

and including a conviction subsequently set aside under 1965 PA

 

213, MCL 780.621 to 780.624.


 

     (ii) Either of the following:

 

     (A) Being assigned to youthful trainee status under sections

 

11 to 15 of chapter II of the code of criminal procedure, 1927 PA

 

175, MCL 762.11 to 762.15, before October 1, 2004.

 

     (B) Being assigned to youthful trainee status under sections

 

11 to 15 of chapter II of the code of criminal procedure, 1927 PA

 

175, MCL 762.11 to 762.15, on or after October 1, 2004 if the

 

individual's status of youthful trainee is revoked and an

 

adjudication of guilt is entered.

 

     (iii) Having an order of disposition entered under section 18 of

 

chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.18,

 

that is open to the general public under section 28 of chapter XIIA

 

of the probate code of 1939, 1939 PA 288, MCL 712A.28.

 

     (iv) Having an order of disposition or other adjudication in a

 

juvenile matter in another state or country.

 

     (b) "Department" means the department of state police.

 

     (c) "Institution of higher education" means 1 or more of the

 

following:

 

     (i) A public or private community college, college, or

 

university.

 

     (ii) A public or private trade, vocational, or occupational

 

school.

 

     (d) "Local law enforcement agency" means the police department

 

of a municipality.

 

     (e) "Listed offense" means any of the following:

 

     (i) A violation of section 145a, 145b, or 145c of the Michigan

 

penal code, 1931 PA 328, MCL 750.145a, 750.145b, and 750.145c.


 

     (ii) A violation of section 158 of the Michigan penal code,

 

1931 PA 328, MCL 750.158, if a victim is an individual less than 18

 

years of age.

 

     (iii) A violation of section 335a(2)(b) of the Michigan penal

 

code, 1931 PA 328, MCL 750.335a, if that individual was previously

 

convicted of violating section 335a of that act.

 

     (iv) A third or subsequent violation of any combination of the

 

following:

 

     (A) Section 167(1)(f) of the Michigan penal code, 1931 PA 328,

 

MCL 750.167.

 

     (B) Section 335a(2)(a) of the Michigan penal code, 1931 PA

 

328, MCL 750.335a.

 

     (C) A local ordinance of a municipality substantially

 

corresponding to a section described in sub-subparagraph (A) or

 

(B).

 

     (v) Except for a juvenile disposition or adjudication, a

 

violation of section 338, 338a, or 338b of the Michigan penal code,

 

1931 PA 328, MCL 750.338, 750.338a, and 750.338b, if a victim is an

 

individual less than 18 years of age.

 

     (vi) A violation of section 349 of the Michigan penal code,

 

1931 PA 328, MCL 750.349, if a victim is an individual less than 18

 

years of age.

 

     (vii) A violation of section 350 of the Michigan penal code,

 

1931 PA 328, MCL 750.350.

 

     (viii) A violation of section 448 of the Michigan penal code,

 

1931 PA 328, MCL 750.448, if a victim is an individual less than 18

 

years of age.


 

     (ix) A violation of section 455 of the Michigan penal code,

 

1931 PA 328, MCL 750.455.

 

     (x) A violation of section 520b, 520c, 520d, 520e, or 520g of

 

the Michigan penal code, 1931 PA 328, MCL 750.520b, 750.520c,

 

750.520d, 750.520e, and 750.520g.

 

     (xi) A violation of section 539d of the Michigan penal code,

 

1931 PA 328, MCL 750.539d.

 

     (xii) (xi) Any other violation of a law of this state or a local

 

ordinance of a municipality that by its nature constitutes a sexual

 

offense against an individual who is less than 18 years of age.

 

     (xiii) (xii) An offense committed by a person who was, at the

 

time of the offense, a sexually delinquent person as defined in

 

section 10a of the Michigan penal code, 1931 PA 328, MCL 750.10a.

 

     (xiv) (xiii) An attempt or conspiracy to commit an offense

 

described in subparagraphs (i) to (xii) (xiii).

 

     (xv) (xiv) An offense substantially similar to an offense

 

described in subparagraphs (i) to (xiii) (xiv) under a law of the

 

United States, any state, or any country or under tribal or

 

military law.

 

     (f) "Municipality" means a city, village, or township of this

 

state.

 

     (g) "Residence", as used in this act, for registration and

 

voting purposes means that place at which a person habitually

 

sleeps, keeps his or her personal effects, and has a regular place

 

of lodging. If a person has more than 1 residence, or if a wife has

 

a residence separate from that of the husband, that place at which

 

the person resides the greater part of the time shall be his or her


 

official residence for the purposes of this act. This section shall

 

not be construed to affect existing judicial interpretation of the

 

term residence.

 

     (h) "Student" means an individual enrolled on a full- or part-

 

time basis in a public or private educational institution,

 

including, but not limited to, a secondary school, trade school,

 

professional institution, or institution of higher education.

 

     Sec. 4a. (1) An individual required to be registered under

 

this act who is not a resident of this state shall report his or

 

her status in person to the local law enforcement agency or

 

sheriff's department having jurisdiction over a campus of an

 

institution of higher education, or to the department post nearest

 

to that campus, if any of the following occur:

 

     (a) Regardless of whether he or she is financially compensated

 

or receives any governmental or educational benefit, the individual

 

is or becomes a full- or part-time employee, contractual provider,

 

or volunteer with that institution of higher education and his or

 

her position will require that he or she be present on that campus

 

for 14 or more consecutive days or 30 or more total days in a

 

calendar year.

 

     (b) The individual is or becomes an employee of a contractual

 

provider described in subdivision (a) and his or her position will

 

require that he or she be present on that campus for 14 or more

 

consecutive days or 30 or more total days in a calendar year.

 

     (c) The status described in subdivision (a) or (b) is

 

discontinued.

 

     (d) The individual changes the campus on which he or she is an


 

employee, a contractual provider, an employee of a contractual

 

provider, or a volunteer as described in subdivision (a) or (b).

 

     (e) The individual is or enrolls as a student with that

 

institution of higher education or the individual discontinues that

 

enrollment.

 

     (f) As part of his or her course of studies at an institution

 

of higher education in this state, the individual is present at any

 

other location in this state, another state, a territory or

 

possession of the United States, or another country for 14 or more

 

consecutive days or 30 or more total days in a calendar year, or

 

the individual discontinues his or her studies at that location.

 

     (2) An individual required to be registered under this act who

 

is a resident of this state shall report his or her status in

 

person to 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 nearest to the individual's new

 

residence or domicile, if any of the events described under

 

subsection (1) occur.

 

     (3) The report required under subsections (1) and (2) shall be

 

made as follows:

 

     (a) For an individual registered under this act before October

 

1, 2002 who is required to make his or her first report under

 

subsections (1) and (2), not later than January 15, 2003.

 

     (b) For an individual who is an employee, a contractual

 

provider, an employee of a contractual provider, or a volunteer on

 

that campus on October 1, 2002, or who is a student on that campus

 

on October 1, 2002, who is subsequently required to register under


 

this act, on the date he or she is required to register under this

 

act.

 

     (c) Except as provided under subdivisions (a) and (b), within

 

10 3 days after the individual becomes an employee, a contractual

 

provider, an employee of a contractual provider, or a volunteer on

 

that campus, or discontinues that status, or changes location, or

 

within 10 3 days after he or she enrolls or discontinues his or her

 

enrollment as a student on that campus including study in this

 

state or another state, a territory or possession of the United

 

States, or another country.

 

     (4) The additional registration reports required under this

 

section shall be made in the time periods described in section

 

5a(4)(a) and (b) for reports under that section.

 

     (5) The local law enforcement agency, sheriff's department, or

 

department post to which an individual reports under this section

 

shall require the individual to pay the registration fee required

 

under section 5a or section 7(1) and to present written

 

documentation of employment status, contractual relationship,

 

volunteer status, or student status. Written documentation under

 

this subsection may include, but need not be limited to, any of the

 

following:

 

     (a) A W-2 form, pay stub, or written statement by an employer.

 

     (b) A contract.

 

     (c) A student identification card or student transcript.

 

     Sec. 5. (1) 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 within 10 3 days after the individual changes

 

or vacates his or her residence, domicile, or place of work or

 

education, including any change required to be reported under

 

section 4a.

 

     (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) 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) An individual required to be registered under this act

 

shall notify the department on a form prescribed by the department

 

not later than 10 3 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) 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) An individual registered under this act shall comply with

 

the verification procedures and proof of residence procedures

 

prescribed in sections 4a and 5a.

 

     (7) Except as provided in subsections (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) Except as provided in subsection (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) An individual who is ordered to register as provided in

 

section 8d shall register subject to that section.

 

     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 3 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, 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, 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 shall have his or her fingerprints taken not

 

later than September 12, 1999 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.

 

     (g) If the individual is an owner of a motor vehicle or is

 

permitted to operate a motor vehicle belonging to another person,

 

the make, model, year, and registration plate number of each of

 

those motor vehicles.

 

     (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.

 

     Sec. 8. (1) The department shall maintain a computerized

 

database of registrations and notices required under this act.

 

     (2) The department shall maintain a computerized database

 

separate from that described in subsection (1) to implement section

 

10(2) and (3). Except as provided in subsection (3), the database

 

shall consist of a compilation of individuals registered under this

 

act. The database shall also include the complete criminal history

 

of each individual required to be registered under this act as

 

shown by the records of the department.

 

     (3) The database described in subsection (2) shall not include

 

the following individuals:

 

     (a) An individual registered solely because he or she had 1 or


 

more dispositions for a listed offense entered under section 18 of

 

chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.18,

 

in a case that was not designated as a case in which the individual

 

was to be tried in the same manner as an adult under section 2d of

 

chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2d.

 

Except as provided in subdivision (b), the exclusion for juvenile

 

dispositions does not apply to a disposition for a violation of

 

section 520b or 520c of the Michigan penal code, 1931 PA 328, MCL

 

750.520b and 750.520c, after the individual becomes 18 years of

 

age.

 

     (b) An individual who is exempt under section 8d from that

 

database.

 

     (4) The compilation of individuals shall be indexed

 

numerically by zip code area. Within each zip code area, the

 

compilation shall contain all of the following information:

 

     (a) The name and aliases, address, physical description, and

 

birth date of each individual registered under this act who is

 

included in the compilation and who resides in that zip code area

 

and any listed offense of which the individual has been convicted.

 

     (b) The name and campus location of each institution of higher

 

education to which the individual is required to report under

 

section 4a.

 

     (c) Beginning May 1, 2005, the photograph of each individual

 

registered under this act. The department shall obtain the

 

photographs submitted under section 5a from the secretary of state

 

for purposes of implementing this subdivision.

 

     (d) All criminal convictions of each individual registered


 

under this act as shown by the records of the department.

 

     (e) The name and address of the individual's employer.

 

     (f) The make, model, year, and registration plate number of

 

each motor vehicle that is owned by the individual or that he or

 

she is permitted to operate.

 

     (5) The department shall update the compilation with new

 

registrations, deletions from registrations, and address changes at

 

the same time those changes are made to the database described in

 

subsection (1). The department shall make the compilation available

 

to each department post, local law enforcement agency, and

 

sheriff's department by the law enforcement information network.

 

Upon request by a department post, local law enforcement agency, or

 

sheriff's department, the department shall provide to that post,

 

agency, or sheriff's department the information from the

 

compilation in printed form for the zip code areas located in whole

 

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

 

jurisdiction. The department shall provide the ability to conduct a

 

computerized search of the compilation based upon the name and

 

campus location of an institution of higher education described in

 

subsection (4)(b).

 

     (6) The department shall make the compilation or information

 

from the compilation available to a department post, local law

 

enforcement agency, sheriff's department, and the public by

 

electronic, computerized, or other similar means accessible to the

 

post, agency, or sheriff's department. The electronic,

 

computerized, or other similar means shall provide for both a

 

search by name and by zip code.


 

     (7) If a court determines that the public availability under

 

section 10 of any information concerning individuals registered

 

under this act, including names and aliases, addresses, physical

 

descriptions, criminal history, or dates of birth, violates the

 

constitution of the United States or this state, the department

 

shall revise the compilation in subsection (2) so that it does not

 

contain that information.