March 4, 2010, Introduced by Senators KUIPERS, 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 35 (MCL 28.735), as amended by 2005 PA 322.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 35. (1) Except as otherwise provided in this section,
section 2a, and section 36, an individual required to be registered
under article II shall not reside within a student safety zone.
(2) An individual who violates subsection (1) is guilty of a
crime as follows:
(a) For the first violation, the individual is guilty of a
misdemeanor punishable by imprisonment for not more than 1 year or
a fine of not more than $1,000.00, or both.
(b) An individual who violates this section and has 1 or more
prior convictions under this section is guilty of a felony
punishable by imprisonment for not more than 2 years or a fine of
not more than $2,000.00, or both.
(3) This section does not apply to any of the following:
(a) An individual who is not more than 19 years of age and
attends secondary school or postsecondary school, and resides with
his or her parent or guardian. However, this exception does not
apply to an individual who initiates or maintains contact with a
minor
within that student safety zone, . However, except that the
individual may initiate or maintain contact with a minor with whom
he or she attends secondary school or postsecondary school in
conjunction with that school attendance.
(b) An individual who is not more than 26 years of age and
attends a special education program, and resides with his or her
parent or guardian or resides in a group home or assisted living
facility. However, an individual described in this subdivision
shall not initiate or maintain contact with a minor within that
student safety zone. The individual shall be permitted to initiate
or maintain contact with a minor with whom he or she attends a
special education program in conjunction with that attendance.
(c) An individual who was residing within that student safety
zone on January 1, 2006. However, this exception does not apply to
an individual who initiates or maintains contact with a minor
within that student safety zone.
(d) An individual who is a patient in a hospital or hospice
that is located within a student safety zone. However, this
exception does not apply to an individual who initiates or
maintains contact with a minor within that student safety zone.
(e) An individual who resides within a student safety zone
because the individual is an inmate or resident of a prison, jail,
juvenile facility, or other correctional facility or is a patient
of a mental health facility under an order of commitment. However,
this exception does not apply to an individual who initiates or
maintains contact with a minor within that student safety zone.
(f) An individual who reports under section 2a. However, this
exception does not apply to an individual who initiates or
maintains contact with a minor within that student safety zone.
(4) An individual who resides within a student safety zone and
who is subsequently required to register under article II shall
change his or her residence to a location outside the student
safety zone not more than 90 days after he or she is sentenced for
the conviction that gives rise to the obligation to register under
article II. However, this exception does not apply to an individual
who initiates or maintains contact with a minor within that student
safety zone during the 90-day period described in this subsection.
(5) This section does not prohibit an individual from being
charged with, convicted of, or punished for any other violation of
law that is committed by that individual while violating 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. 1208.
(c) Senate Bill No. 1209.