SB-1207, As Passed Senate, April 29, 2010

SUBSTITUTE FOR

SENATE BILL NO. 1207

A bill to amend 1994 PA 295, entitled

"Sex offenders registration act,"

by amending section 8 (MCL 28.728), as amended by 2004 PA 240.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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.

(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 or location, as applicable,

physical description, and birth date of each individual registered

under this act who is included in the compilation and who resides

or is present 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.

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.

(5) A homeless individual registered under this act shall be

indexed within the zip code area of the 2 cross streets closest to

where the individual habitually sleeps. The term "homeless" and the

2 cross streets shall be reflected in the compilation for that

individual.

(6) ~~(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).

(7) ~~(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.

(8) ~~(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

or locations, physical descriptions, 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.

Enacting section 1. This amendatory act does not take effect

unless all of the following bills of the 95th Legislature are

enacted into law:

(a) Senate Bill No. 1206.

(b) Senate Bill No. 1208.