SB-1241, As Passed Senate, April 29, 2010

SUBSTITUTE FOR

SENATE BILL NO. 1241

A bill to amend 1994 PA 295, entitled

"Sex offenders registration act,"

by amending section 5 (MCL 28.725), as amended by 2006 PA 402.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 5. (1) An Except as otherwise provided in this section,

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 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

Senate Bill No. 1241 as amended April 28, 2010

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 days before he or she changes his or her domicile

or residence to another state <<or country>>. The individual shall

indicate the

new state <<or country>> 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 <<or

country>>.

(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.

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.

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

who is homeless shall provide the following information, as

applicable, to the law enforcement agency, sheriff's department, or

nearest department post having jurisdiction:

(a) The address of any dwelling that is providing the

individual temporary shelter.

(b) If subdivision (a) does not apply, the location where the

offender habitually sleeps, including, but not limited to, the 2

cross streets of the city, county, or state and zip code closest to

where the individual habitually sleeps.

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

who is or becomes homeless shall report within 10 days to the local

law enforcement agency, sheriff's department, or nearest department

post having jurisdiction where the offender habitually sleeps, if

the location where the offender habitually sleeps changes by more

than 1/2 mile.

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. 1207.