SENATE BILL No. 1206

March 4, 2010, Introduced by Senators KAHN, HARDIMAN and RICHARDVILLE and referred to the Committee on Judiciary.

A bill to amend 1994 PA 295, entitled

"Sex offenders registration act,"

by amending sections 2 and 4a (MCL 28.722 and 28.724a), section 2

as amended by 2005 PA 301 and section 4a as amended by 2004 PA 237,

and by adding section 2a.

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.

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.

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) 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.

(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.

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

in subparagraphs (i) to (xii).

(xiv) An offense substantially similar to an offense described

in subparagraphs (i) to (xiii) 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, except as provided in section 2a, 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. 2a. (1) If an individual is required to be registered

under this act but does not have a residence as defined in section

2(g), the individual's residence for purposes of this act is as

follows:

(a) If the individual is present in a city or village having

an organized police department for a majority of his or her time

within a 30-day period, that city or village is considered to be

his or her residence.

(b) Unless subdivision (a) applies, if the individual is

present in a township having an organized police department for a

majority of his or her time within a 30-day period, that township

is considered to be his or her residence.

is present in a county for a majority of his or her time within a

30-day period, that county is considered to be his or her

residence.

(2) An individual described in subsection (1) shall report to

the police department or sheriff's department having jurisdiction

within the city, village, township, or county described in

subsection (1) within 10 days after the effective date of the

amendatory act that added this section and register as a resident

within that city, village, township, or county.

(3) A person registered under subsection (2) shall report to

the police department or sheriff's department described in

subsection (1) on the first of each month following the month of

his or her registration under subsection (2). The reporting

requirements of section 5a(4) do not apply to a person who is

required to report under this subsection.

(4) When an individual reports under subsection (2) or (3), an

officer or authorized employee of the local law enforcement agency

or sheriff's department shall verify the individual's lack of

residence and any information required to be reported under section

4a. The officer or authorized employee shall note that the

individual is registering as provided in this section and shall

sign and date a verification form. The officer shall give a copy of

the signed form showing the date of verification to the person. 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). The

department shall also note in the compilation that the person does

not have a fixed residence but is registered as a resident of the

city, village, township, or county described in subsection (2).

(5) Except as otherwise provided in section 5b, beginning on

the effective date of the amendatory act that added this section,

an individual who reports as prescribed under subsection (2) or (3)

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.

(6) If an individual does not report under subsection (2) or

(3) or section 4a, the department shall notify the local law

enforcement agency or sheriff's department. 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.

(7) The department shall prescribe the form for the notices

and verification procedures required under this section.

(8) The designation of a residence under this section does not

apply for purposes of establishing a violation of the prohibition

against residing within a student safety zone under section 35(1),

but does apply to the prohibition against initiating or maintaining

contact with a minor within that student safety zone.

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.

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.

10 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 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.

(6) This section applies to an individual described in section

2a only to the extent described in section 2a.

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. 1208.

(b) Senate Bill No. 1207.