February 26, 2013, Introduced by Senators JONES, GREEN, NOFS, MARLEAU and HOPGOOD 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 2011 PA 17.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
5a. (1) Not later than July 1, 2011, the 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 act as amended.
(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 (6) 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 immediately, regardless of whether the individual signs
it.
(3) An individual required to be registered under this act who
is not incarcerated shall report in person to the registering
authority where he or she is domiciled or resides for verification
of domicile or residence as follows:
(a) A tier I offender shall report not earlier than January 1
or later than January 15 of each year after the initial
verification or registration.
(b) A tier II offender shall report not earlier than the first
day or later than the fifteenth day of each January and July after
the initial verification or registration.
(c) A tier III offender shall report not earlier than the
first day or later than the fifteenth day of each April, July,
October, and January after the initial verification or
registration.
(4) When an individual reports under subsection (3), the
individual shall review all registration information for accuracy.
(5) When an individual reports under subsection (3), an
officer or authorized employee of the registering authority shall
verify the individual's residence or domicile and any information
required to be reported under section 4a. The officer or authorized
employee shall also determine whether the individual's photograph
required under this act matches the appearance of the individual
sufficiently to properly identify him or her from that photograph.
If not, the officer or authorized employee shall require the
individual to immediately obtain a current photograph under this
section. When all of the verification information has been
provided, the officer or authorized employee shall review that
information with the individual and make any corrections,
additions, or deletions the officer or authorized employee
determines are necessary based on the review. The officer or
authorized employee shall sign and date a verification receipt. The
officer or authorized employee shall give a copy of the signed
receipt showing the date of verification to the individual. The
officer or authorized employee shall forward verification
information to the department in the manner the department
prescribes. The department shall revise the law enforcement
database and public internet website maintained under section 8 as
necessary and shall indicate verification in the public internet
website maintained under section 8(2).
(6)
Except as otherwise provided in section 5b, beginning
October
16, 2004, an individual who reports
as prescribed under
subsection
(3) and who has not already paid the fee prescribed
under
section 7(1) shall pay a $50.00
registration fee . An
individual
shall only be required to pay a fee once under this
subsection.as follows:
(a) Upon initial registration.
(b) Annually following the year of initial registration. The
payment of the registration fee under this subdivision shall be
made not earlier than January 1 or later than January 15 of each
year in which the fee applies. The payment of the registration fee
under this subdivision is not required to be made for any
registration year that has expired before the effective date of the
amendatory act that added this subdivision.
(7) 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.
(8) An individual registered under this act who is
incarcerated shall report to the secretary of state under this
subsection immediately after he or she is released to have his or
her digitalized photograph taken. 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 unless his or her
appearance has changed from the date of that photograph. Unless the
person is a nonresident, 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, or as otherwise provided in
this act. The secretary of state shall make the digitized
photograph available to the department for a registration under
this act.
(9) If an individual does not report under this section or
under section 4a, the department shall notify all registering
authorities as provided in section 8a and initiate enforcement
action as set forth in that section.
(10) The department shall prescribe the form for the notices
and verification procedures required under this section.
(11) Subsection (1) applies beginning on the effective date of
the amendatory act that added this subsection. Subsections (2)
through (10) apply beginning July 1, 2011.