March 4, 2010, Introduced by Senators HARDIMAN, KAHN and RICHARDVILLE and referred to the Committee on Judiciary.
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.
(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.
(5) An individual registered under section 2a shall be indexed
within the zip code area of the police department or sheriff's
department where the individual registered, and the term "without
residence" 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.
(c) Senate Bill No. 1209.