March 4, 2010, Introduced by Senators RICHARDVILLE, HARDIMAN and KAHN and referred to the Committee on Judiciary.
A bill to amend 1994 PA 295, entitled
"Sex offenders registration act,"
by amending section 5a (MCL 28.725a), as amended by 2005 PA 322.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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), section 2a, 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) and section 2a,
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 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) or
section 2a, 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 2a, 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.
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.
(c) Senate Bill No. 1209.