SB-0581, As Passed Senate, December 9, 2015

SUBSTITUTE FOR

SENATE BILL NO. 581

      A bill to amend 1994 PA 295, entitled

"Sex offenders registration act,"

by amending sections 5, 5a, 5b, 7, 8, 33, and 34 (MCL 28.725,

28.725a, 28.725b, 28.727, 28.728, 28.733, and 28.734), sections 5

and 5b as amended by 2011 PA 17, section 5a as amended by 2013 PA

149, section 7 as amended by 2011 PA 18, section 8 as amended by

2013 PA 2, section 33 as added by 2005 PA 127, and section 34 as

amended by 2005 PA 322.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1        Sec. 5. (1) An individual required to be registered under

 2  this act who is a resident of this state shall report in person

 3  and notify the registering authority having jurisdiction where

 4  his or her residence or domicile is located immediately after any

 5  of the following occur:

 6        (a) The individual changes or vacates his or her residence

 1  or domicile.

 2        (b) The individual changes his or her place of employment,

 3  or employment is discontinued.

 4        (c) The individual enrolls as a student with an institution

 5  of higher education, or enrollment is discontinued.

 6        (d) The individual changes his or her name.

 7        (e) The individual intends to temporarily reside at any

 8  place other than his or her residence for more than 7 days.

 9        (f) The individual establishes any electronic mail or

10  instant message address, or any other designations used in

11  internet communications or postings.

12        (g) The individual purchases or begins to regularly operate

13  any vehicle, and when ownership or operation of the vehicle is

14  discontinued.

15  (f) (h) Any change required to be reported under section 4a.

16        (2) An individual required to be registered under this act

17  who is not a resident of this state but has his or her place of

18  employment in this state shall report in person and notify the

19  registering authority having jurisdiction where his or her place

20  of employment is located or the department post of the

21  individual's place of employment immediately after the individual

22  changes his or her place of employment or employment is

23  discontinued.

24        (3) If an individual who is incarcerated in a state

25  correctional facility and is required to be registered under this

26  act is granted parole or is due to be released upon completion of

27  his or her maximum sentence, the department of corrections,

 1  before releasing the individual, shall provide notice of the

 2  location of the individual's proposed place of residence or

 3  domicile to the department of state police.

 4        (4) If an individual who is incarcerated in a county jail

 5  and is required to be registered under this act is due to be

 6  released from custody, the sheriff's department, before releasing

 7  the individual, shall provide notice of the location of the

 8  individual's proposed place of residence or domicile to the

 9  department of state police.

10        (5) Immediately after either of the following occurs, the

11  department of corrections shall notify the local law enforcement

12  agency or sheriff's department having jurisdiction over the area

13  to which the individual is transferred or the department post of

14  the transferred residence or domicile of an individual required

15  to be registered under this act:

16        (a) The individual is transferred to a community residential

17  program.

18        (b) The individual is transferred into a level 1

19  correctional facility of any kind, including a correctional camp

20  or work camp.

21        (6) An individual required to be registered under this act

22  who is a resident of this state shall report in person and notify

23  the registering authority having jurisdiction where his or her

24  residence or domicile is located immediately before he or she

25  changes his or her domicile or residence to another state. The

26  individual shall indicate the new state and, if known, the new

27  address. The department shall update the registration and

 1  compilation databases and promptly notify the appropriate law

 2  enforcement agency and any applicable sex or child offender

 3  registration authority in the new state.

 4        (7) An individual required to be registered under this act

 5  who is a resident of this state shall report in person and notify

 6  the registering authority having jurisdiction where his or her

 7  residence or domicile is located not later than 21 days before he

 8  or she changes his or her domicile or residence to another

 9  country or travels to another country for more than 7 days. The

10  individual shall state the new country of residence or country of

11  travel and the address of his or her new domicile or residence or

12  place of stay, if known. The department shall update the

13  registration and compilation databases and promptly notify the

14  appropriate law enforcement agency and any applicable sex or

15  child offender registration authority.

16        (8) If the probation or parole of an individual required to

17  be registered under this act is transferred to another state or

18  an individual required to be registered under this act is

19  transferred from a state correctional facility to any

20  correctional facility or probation or parole in another state,

21  the department of corrections shall promptly notify the

22  department and the appropriate law enforcement agency and any

23  applicable sex or child offender registration authority in the

24  new state. The department shall update the registration and

25  compilation databases.

26        (9) An individual registered under this act shall comply

27  with the verification procedures and proof of residence

 1  procedures prescribed in sections 4a and 5a.

 2        (10) Except as otherwise provided in this section and

 3  section 8c, a tier I offender shall comply with this section for

 4  15 years.

 5        (11) Except as otherwise provided in this section and

 6  section 8c, a tier II offender shall comply with this section for

 7  25 years.

 8        (12) Except as otherwise provided in this section and

 9  section 8c, a tier III offender shall comply with this section

10  for life.

11        (13) The registration periods under this section exclude any

12  period of incarceration for committing a crime and any period of

13  civil commitment.

14        (14) For an individual who was previously convicted of a

15  listed offense for which he or she was not required to register

16  under this act but who is convicted of any felony on or after

17  July 1, 2011, any period of time that he or she was not

18  incarcerated for that listed offense or that other felony and was

19  not civilly committed counts toward satisfying the registration

20  period for that listed offense as described in this section. If

21  those periods equal or exceed the registration period described

22  in this section, the individual has satisfied his or her

23  registration period for the listed offense and is not required to

24  register under this act. If those periods are less than the

25  registration period described in this section for that listed

26  offense, the individual shall comply with this section for the

27  period of time remaining.

 1        Sec. 5a. (1) The department shall mail a notice to each

 2  individual registered under this act who is not in a state

 3  correctional facility explaining the individual's duties under

 4  this act as amended.

 5        (2) Upon the release of an individual registered under this

 6  act who is in a state correctional facility, the department of

 7  corrections shall provide written notice to that individual

 8  explaining his or her duties under this section and this act as

 9  amended and the procedure for registration, notification, and

10  verification and payment of the registration fee prescribed under

11  subsection (6) or section 7(1). The individual shall sign and

12  date the notice. The department of corrections shall maintain a

13  copy of the signed and dated notice in the individual's file. The

14  department of corrections shall forward the original notice to

15  the department immediately, regardless of whether the individual

16  signs it.

17        (3) Subject to subsection (4), an individual required to be

18  registered under this act who is not incarcerated shall report in

19  person to the registering authority where he or she is domiciled

20  or resides for verification of domicile or residence as follows:

21        (a) If the individual is a tier I offender, the individual

22  shall report once each year during the individual's month of

23  birth.

24        (b) If the individual is a tier II offender, the individual

25  shall report twice each year according to the following schedule:

26

Birth Month

Reporting Months

1	January	January and July
2	February	February and August
3	March	March and September
4	April	April and October
5	May	May and November
6	June	June and December
7	July	January and July
8	August	February and August
9	September	March and September
10	October	April and October
11	November	May and November
12	December	June and December

13        (c) If the individual is a tier III offender, the individual

14  shall report 4 times each year according to the following

15  schedule:

16	Birth Month	Reporting Months
17	January	January, April, July, and October
18	February	February, May, August, and November
19	March	March, June, September, and December
20	April	April, July, October, and January
21	May	May, August, November, and February
22	June	June, September, December, and March
23	July	July, October, January, and April
24	August	August, November, February, and May
25	September	September, December, March, and June
26	October	October, January, April, and July
27	November	November, February, May, and August
28	December	December, March, June, and September

 1        (4) A report under subsection (3) shall be made no earlier

 2  than the first day or later than the last day of the month in

 3  which the individual is required to report. However, if the

 4  registration period for that individual expires during the month

 5  in which he or she is required to report under this section, the

 6  individual shall report during that month on or before the date

 7  his or her registration period expires. When an individual

 8  reports under subsection (3), the individual shall review all

 9  registration information for accuracy.

10        (5) When an individual reports under subsection (3), an

11  officer or authorized employee of the registering authority shall

12  verify the individual's residence or domicile and any information

13  required to be reported under section 4a. 7. The officer or

14  authorized employee shall also determine whether the individual's

15  photograph required under this act matches the appearance of the

16  individual sufficiently to properly identify him or her from that

17  photograph. If not, the officer or authorized employee shall

18  require the individual to immediately obtain a current photograph

19  under this section. When all of the verification information has

20  been provided, the officer or authorized employee shall review

21  that information with the individual and make any corrections,

22  additions, or deletions the officer or authorized employee

23  determines are necessary based on the review. The officer or

24  authorized employee shall sign and date a verification receipt.

25  The officer or authorized employee shall give a copy of the

26  signed receipt showing the date of verification to the

27  individual. The officer or authorized employee shall forward

 1  verification information to the department in the manner the

 2  department prescribes. The department shall revise the law

 3  enforcement database and public internet Internet website

 4  maintained under section 8 as necessary and shall indicate

 5  verification in the public internet Internet website maintained

 6  under section 8(2).

 7        (6) Except as otherwise provided in section 5b, an

 8  individual who reports as prescribed under subsection (3) shall

 9  pay a $50.00 registration fee as follows:

10        (a) Upon initial registration.

11        (b) Annually following the year of initial registration. The

12  payment of the registration fee under this subdivision shall be

13  made at the time the individual reports in the first reporting

14  month for that individual as set forth in subsection (3) of each

15  year in which the fee applies, unless an individual elects to

16  prepay an annual registration fee for any future year for which

17  an annual registration fee is required. Prepaying any annual

18  registration fee shall not change or alter the requirement of an

19  individual to report as set forth in subsection (3). The payment

20  of the registration fee under this subdivision is not required to

21  be made for any registration year that has expired before January

22  1, 2014 or to be made by any individual initially required to

23  register under this act after January 1, 2019. The registration

24  fee required to be paid under this subdivision shall not be

25  prorated on grounds that the individual will complete his or her

26  registration period after the month in which the fee is due.

27        (c) The sum of the amounts required to be paid under

 1  subdivisions (a) and (b) shall not exceed $550.00.

 2        (7) An individual required to be registered under this act

 3  shall maintain either a valid operator's or chauffeur's license

 4  issued under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to

 5  257.923, or an official state personal identification card issued

 6  under 1972 PA 222, MCL 28.291 to 28.300, with the individual's

 7  current address. The license or card may be used as proof of

 8  domicile or residence under this section. In addition, the

 9  officer or authorized employee may require the individual to

10  produce another document bearing his or her name and address,

11  including, but not limited to, voter registration or a utility or

12  other bill. The department may specify other satisfactory proof

13  of domicile or residence.

14        (8) An individual registered under this act who is

15  incarcerated shall report to the secretary of state under this

16  subsection immediately after he or she is released to have his or

17  her digitalized photograph taken. The individual is not required

18  to report under this subsection if he or she had a digitized

19  photograph taken for an operator's or chauffeur's license or

20  official state personal identification card before January 1,

21  2000, or within 2 years before he or she is released unless his

22  or her appearance has changed from the date of that photograph.

23  Unless the person is a nonresident, the photograph shall be used

24  on the individual's operator's or chauffeur's license or official

25  state personal identification card. The individual shall have a

26  new photograph taken when he or she renews the license or

27  identification card as provided by law, or as otherwise provided

 1  in this act. The secretary of state shall make the digitized

 2  photograph available to the department for a registration under

 3  this act.

 4        (9) If an individual does not report under this section or

 5  under section 4a, the department shall notify all registering

 6  authorities as provided in section 8a and initiate enforcement

 7  action as set forth in that section.

 8        (10) The department shall prescribe the form for the notices

 9  and verification procedures required under this section.

10        Sec. 5b. (1) Of the money collected by a court, local law

11  enforcement agency, sheriff's department, or department post from

12  each registration fee prescribed under this act, $30.00 shall be

13  forwarded to the department, which shall deposit the money in the

14  sex offenders registration fund created under subsection (2), and

15  $20.00 shall be retained by the court, local law enforcement

16  agency, sheriff's department, or department post.

17        (2) The sex offenders registration fund is created as a

18  separate fund in the department of treasury. The state treasurer

19  shall credit the money received from the payment of the

20  registration fee prescribed under this act to the sex offenders

21  registration fund. Money credited to the fund shall only be used

22  by the department for training concerning, and the maintenance

23  and automation of, the law enforcement database, public internet

24  Internet website, information required under section 8, or

25  notification and offender registration duties under section 4a.

26  Money in the sex offenders registration fund at the close of the

27  fiscal year shall remain in the fund and shall not lapse to the

 1  general fund.

 2        (3) If an individual required to pay a registration fee

 3  under this act is indigent, the registration fee shall be waived

 4  for a period of 90 days. as follows:

 5        (a) For the initial registration fee required under section

 6  5a(6)(a), the fee shall be waived until the first reporting month

 7  in which the individual is no longer indigent.

 8        (b) For any year in which an annual registration fee is

 9  required under section 5a(6)(b), the fee shall be permanently

10  waived.

11        (4) The burden is on the individual claiming indigence to

12  prove the fact of indigence to the satisfaction of the local law

13  enforcement agency, sheriff's department, or department post

14  where the individual is reporting.

15  (5) (4) Payment of the registration fee prescribed under

16  this act shall be made in the form and by means prescribed by the

17  department. Upon payment of the registration fee prescribed under

18  this act, the officer or employee shall forward verification of

19  the payment to the department in the manner the department

20  prescribes. The department shall revise the law enforcement

21  database and public internet Internet website maintained under

22  section 8 as necessary and shall indicate verification of payment

23  in the law enforcement database under section 8(1).

24        Sec. 7. (1) Registration information obtained under this act

25  shall be forwarded to the department in the format the department

26  prescribes. Except as provided in section 5b(3), a $50.00

27  registration fee shall accompany each original registration. All

 1  of the following information shall be obtained or otherwise

 2  provided for registration purposes, including any changes or

 3  updates to information required to be provided in this subsection,

 4  which shall be provided no later than 7 calendar days after

 5  information required to be provided under this subsection changes

 6  or is updated:

 7        (a) The individual's legal name and any aliases, nicknames,

 8  ethnic or tribal names, or other names by which the individual is

 9  or has been known. An individual who is in a witness protection

10  and relocation program is only required to use the name and

11  identifying information reflecting his or her new identity in a

12  registration under this act. The registration and compilation

13  databases shall not contain any information identifying the

14  individual's prior identity or locale.

15        (b) The individual's social security number and any social

16  security numbers or alleged social security numbers previously

17  used by the individual.

18        (c) The individual's date of birth and any alleged dates of

19  birth previously used by the individual.

20        (d) The address where the individual resides or will reside.

21  If the individual does not have a residential address,

22  information under this subsection shall identify the location or

23  area used or to be used by the individual in lieu of a residence

24  or, if the individual is homeless, the village, city, or township

25  where the person spends or will spend the majority of his or her

26  time.

27        (e) The name and address of any place of temporary lodging

 1  used or to be used by the individual during any period in which

 2  the individual is away, or is expected to be away, from his or

 3  her residence for more than 7 days. Information under this

 4  subdivision shall include the dates the lodging is used or to be

 5  used.

 6        (f) The name and address of each of the individual's

 7  employers. For purposes of this subdivision, "employer" includes

 8  a contractor and any individual who has agreed to hire or

 9  contract with the individual for his or her services. Information

10  under this subsection shall include the address or location of

11  employment if different from the address of the employer. If the

12  individual lacks a fixed employment location, the information

13  obtained under this subdivision shall include the general areas

14  where the individual works and the normal travel routes taken by

15  the individual in the course of his or her employment.

16        (g) The name and address of any school being attended by the

17  individual and any school that has accepted the individual as a

18  student that he or she plans to attend. For purposes of this

19  subdivision, "school" means a public or private postsecondary

20  school or school of higher education, including a trade school.

21        (h) All telephone numbers registered to the individual. or

22  routinely used by the individual.

23        (i) All electronic mail addresses and instant message names

24  and addresses assigned registered to the individual. or routinely

25  used by the individual

26        (j) All electronic mail addresses and instant message names

27  and addresses routinely used by the individual and all login

 1  names or other identifiers used by the individual when using any

 2  electronic mail address or instant messaging system. As used in

 3  this subdivision, "routinely used" means used not less often than

 4  6 times per calendar year.

 5  (k) (j) The license plate number, registration number, and

 6  description of any motor vehicle, aircraft, or vessel owned or

 7  regularly operated by the individual or registered to the address

 8  where the individual resides and the location at which the motor

 9  vehicle, aircraft, or vessel is habitually stored or kept.

10  (l) (k) The individual's driver license number or state

11  personal identification card number.

12  (m) (l) A digital copy of the individual's passport and other

13  immigration documents.

14  (n) (m) The individual's occupational and professional

15  licensing information, including any license that authorizes the

16  individual to engage in any occupation, profession, trade, or

17  business.

18  (o) (n) A brief summary of the individual's convictions for

19  listed offenses regardless of when the conviction occurred,

20  including where the offense occurred and the original charge if

21  the conviction was for a lesser offense.

22  (p) (o) A complete physical description of the individual.

23  (q) (p) The photograph required under section 5a.

24  (r) (q) The individual's fingerprints if not already on file

25  with the department and the individual's palm prints. An

26  individual required to be registered under this act shall have

27  his or her fingerprints or palm prints or both taken not later

 1  than September 12, 2011 if his or her fingerprints or palm prints

 2  are not already on file with the department. The department shall

 3  forward a copy of the individual's fingerprints and palm prints

 4  to the federal bureau of investigation if not already on file

 5  with that bureau.

 6  (s) (r) Information that is required to be reported under

 7  section 4a.

 8        (2) A registration shall contain all of the following:

 9        (a) An electronic copy of the offender's Michigan driver

10  license or Michigan personal identification card, including the

11  photograph required under this act.

12        (b) The text of the provision of law that defines the

13  criminal offense for which the sex offender is registered.

14        (c) Any outstanding arrest warrant information.

15        (d) The individual's tier classification.

16        (e) An identifier that indicates whether a DNA sample has

17  been collected and any resulting DNA profile has been entered

18  into the federal combined DNA index system (CODIS).

19        (f) The individual's complete criminal history record,

20  including the dates of all arrests and convictions.

21        (g) The individual's Michigan department of corrections

22  number and status of parole, probation, or supervised release.

23        (h) The individual's federal bureau of investigation number.

24        (3) The form used for notification of duties under this act

25  shall contain a written statement that explains the duty of the

26  individual being registered to provide notice of changes in his

27  or her registration information, the procedures for providing

 1  that notice, and the verification procedures under section 5a.

 2        (4) The individual shall sign a registration and notice.

 3  However, the registration and notice shall be forwarded to the

 4  department regardless of whether the individual signs it or pays

 5  the registration fee required under subsection (1).

 6        (5) The officer, court, or an employee of the agency

 7  registering the individual or receiving or accepting a

 8  registration under section 4 shall sign the registration form.

 9        (6) An individual shall not knowingly provide false or

10  misleading information concerning a registration, notice, or

11  verification.

12        (7) The department shall prescribe the form for a

13  notification required under section 5 and the format for

14  forwarding the notification to the department.

15        (8) The department shall promptly provide registration,

16  notice, and verification information to the federal bureau of

17  investigation Federal Bureau of Investigation and to local law

18  enforcement agencies, sheriff's departments, department posts,

19  and other registering jurisdictions, as provided by law.

20        Sec. 8. (1) The department shall maintain a computerized law

21  enforcement database of registrations and notices required under

22  this act. The law enforcement database shall contain all of the

23  following information for each individual registered under this

24  act:

25        (a) The individual's legal name and any aliases, nicknames,

26  ethnic or tribal names, or other names by which the individual is

27  or has been known.

 1        (b) The individual's social security number and any social

 2  security numbers or alleged social security numbers previously

 3  used by the individual.

 4        (c) The individual's date of birth and any alleged dates of

 5  birth previously used by the individual.

 6        (d) The address where the individual resides or will reside.

 7  If the individual does not have a residential address,

 8  information under this subsection shall identify the location or

 9  area used or to be used by the individual in lieu of a residence

10  or, if the individual is homeless, the village, city, or township

11  where the individual spends or will spend the majority of his or

12  her time.

13        (e) The name and address of any place of temporary lodging

14  used or to be used by the individual during any period in which

15  the individual is away, or is expected to be away, from his or

16  her residence for more than 7 days. Information under this

17  subdivision shall include the dates the lodging is used or to be

18  used.

19        (f) The name and address of each of the individual's

20  employers. For purposes of this subdivision, "employer" includes

21  a contractor and any individual who has agreed to hire or

22  contract with the individual for his or her services. Information

23  under this subsection shall include the address or location of

24  employment if different from the address of the employer.

25        (g) The name and address of any school being attended by the

26  individual and any school that has accepted the individual as a

27  student that he or she plans to attend. For purposes of this

 1  subdivision, "school" means a public or private postsecondary

 2  school or school of higher education, including a trade school.

 3        (h) All telephone numbers registered to the individual. or

 4  routinely used by the individual.

 5        (i) All electronic mail addresses and instant message

 6  addresses assigned to the individual or routinely used by the

 7  individual and all login names or other identifiers used by the

 8  individual when using any electronic mail address or instant

 9  messaging system.

10        (j) The license plate number or registration number and

11  description of any motor vehicle, aircraft, or vessel owned or

12  regularly operated by the individual or registered to the address

13  where the individual resides and the location at which the motor

14  vehicle, aircraft, or vessel is habitually stored or kept.

15        (k) The individual's driver license number or state personal

16  identification card number.

17        (l) A digital copy of the individual's passport and other

18  immigration documents.

19        (m) The individual's occupational and professional licensing

20  information, including any license that authorizes the individual

21  to engage in any occupation, profession, trade, or business.

22        (n) A brief summary of the individual's convictions for

23  listed offenses regardless of when the conviction occurred,

24  including where the offense occurred and the original charge if

25  the conviction was for a lesser offense.

26        (o) A complete physical description of the individual.

27        (p) The photograph required under section 5a.

 1        (q) The individual's fingerprints and palm prints.

 2        (r) An electronic copy of the offender's Michigan driver

 3  license or Michigan personal identification card, including the

 4  photograph required under this act.

 5        (s) The text of the provision of law that defines the

 6  criminal offense for which the sex offender is registered.

 7        (t) Any outstanding arrest warrant information.

 8        (u) The individual's tier classification and registration

 9  status.

10        (v) An identifier that indicates whether a DNA sample has

11  been collected and any resulting DNA profile has been entered

12  into the federal combined DNA index system (CODIS).

13        (w) The individual's complete criminal history record,

14  including the dates of all arrests and convictions.

15        (x) The individual's Michigan department of corrections

16  number and the status of his or her parole, probation, or

17  release.

18        (y) The individual's federal bureau of investigation number.

19        (2) The department shall maintain a public internet Internet

20  website separate from the law enforcement database described in

21  subsection (1) to implement section 10(2) and (3). Except as

22  provided in subsection (4), the public internet Internet website

23  shall contain all of the following information for each

24  individual registered under this act:

25        (a) The individual's legal name and any aliases, nicknames,

26  ethnic or tribal names, or other names by which the individual is

27  or has been known.

 1        (b) The individual's date of birth.

 2        (c) The address where the individual resides. If the

 3  individual does not have a residential address, information under

 4  this subsection shall identify the village, city, or township

 5  used by the individual in lieu of a residence.

 6        (d) The address of each of the individual's employers. For

 7  purposes of this subdivision, "employer" includes a contractor

 8  and any individual who has agreed to hire or contract with the

 9  individual for his or her services. Information under this

10  subsection shall include the address or location of employment if

11  different from the address of the employer.

12        (e) The address of any school being attended by the

13  individual and any school that has accepted the individual as a

14  student that he or she plans to attend. For purposes of this

15  subdivision, "school" means a public or private postsecondary

16  school or school of higher education, including a trade school.

17        (f) The license plate number or registration number and

18  description of any motor vehicle, aircraft, or vessel owned or

19  regularly operated by the individual.

20        (g) A brief summary of the individual's convictions for

21  listed offenses regardless of when the conviction occurred.

22        (h) A complete physical description of the individual.

23        (i) The photograph required under this act. If no photograph

24  is available, the department shall use an arrest photograph or

25  Michigan department of corrections photograph until a photograph

26  as prescribed in section 5a becomes available.

27        (j) The text of the provision of law that defines the

 1  criminal offense for which the sex offender is registered.

 2        (k) The individual's registration status.

 3        (l) The individual's tier classification.

 4        (3) The following information shall not be made available on

 5  the public internet Internet website described in subsection (2):

 6        (a) The identity of any victim of the offense.

 7        (b) The individual's social security number.

 8        (c) Any arrests not resulting in a conviction.

 9        (d) Any travel or immigration document numbers.

10        (e) Any electronic mail addresses and instant message

11  addresses assigned to the individual or routinely used by the

12  individual and any login names or other identifiers used by the

13  individual when using any electronic mail address or instant

14  messaging system.

15        (f) The individual's driver license number or state personal

16  identification card number.

17        (4) The public internet Internet website described in

18  subsection (2) shall not include the following individuals:

19        (a) An individual registered solely because he or she had 1

20  or more dispositions for a listed offense entered under section

21  18 of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL

22  712A.18, in a case that was not designated as a case in which the

23  individual was to be tried in the same manner as an adult under

24  section 2d of chapter XIIA of the probate code of 1939, 1939 PA

25  288, MCL 712A.2d.

26        (b) An individual registered solely because he or she was

27  the subject of an order of disposition or other adjudication in a

 1  juvenile matter in another state or country.

 2        (c) An individual registered solely because he or she was

 3  convicted of a single tier I offense, other than an individual

 4  who was convicted of a violation of any of the following:

 5        (i) Section 145c(4) of the Michigan penal code, 1931 PA 328,

 6  MCL 750.145c.

 7        (ii) A violation of section 335a(2)(b) of the Michigan penal

 8  code, 1931 PA 328, MCL 750.335a, if a victim is a minor.

 9        (iii) Section 349b of the Michigan penal code, 1931 PA 328,

10  MCL 750.349b, if the victim is a minor.

11        (iv) Section 539j of the Michigan penal code, 1931 PA 328,

12  MCL 750.539j, if a victim is a minor.

13        (v) An offense substantially similar to an offense described

14  in subparagraphs (i) to (v) under a law of the United States that

15  is specifically enumerated in 42 USC 16911, under a law of any

16  state or any country, or under tribal or military law.

17        (5) The compilation of individuals shall be indexed

18  alphabetically by village, city, township, and county,

19  numerically by zip code area, and geographically as determined

20  appropriate by the department.

21        (6) The department shall update the public internet Internet

22  website with new registrations, deletions from registrations, and

23  address changes at the same time those changes are made to the

24  law enforcement database described in subsection (1). The

25  department shall make the law enforcement database available to

26  each department post, local law enforcement agency, and sheriff's

27  department by the law enforcement information network. Upon

 1  request by a department post, local law enforcement agency, or

 2  sheriff's department, the department shall provide to that post,

 3  agency, or sheriff's department the information from the law

 4  enforcement database in printed form for the designated areas

 5  located in whole or in part within the post's, agency's, or

 6  sheriff's department's jurisdiction. The department shall provide

 7  the ability to conduct a computerized search of the law

 8  enforcement database and the public internet Internet website

 9  based upon the name and campus location of an institution of

10  higher education.

11        (7) The department shall make the law enforcement database

12  available to a department post, local law enforcement agency, or

13  sheriff's department by electronic, computerized, or other

14  similar means accessible to the post, agency, or sheriff's

15  department. The department shall make the public internet

16  Internet website available to the public by electronic,

17  computerized, or other similar means accessible to the public.

18  The electronic, computerized, or other similar means shall

19  provide for a search by name, village, city, township, and county

20  designation, zip code, and geographical area.

21        (8) If a court determines that the public availability under

22  section 10 of any information concerning individuals registered

23  under this act violates the constitution of the United States or

24  this state, the department shall revise the public internet

25  Internet website described in subsection (2) so that it does not

26  contain that information.

27        (9) If the department determines that an individual has

 1  completed his or her registration period, including a

 2  registration period reduced by law under 2011 PA 18, or that he

 3  or she otherwise is no longer required to register under this

 4  act, the department shall remove the individual's registration

 5  information from both the law enforcement database and the public

 6  internet Internet website within 7 days after making that

 7  determination.

 8        (10) If the individual provides the department with

 9  documentation showing that he or she is required to register

10  under this act for a violation that has been set aside under 1965

11  PA 213, MCL 780.621 to 780.624, or that has been otherwise

12  expunged, the department shall note on the public internet

13  Internet website that the violation has been set aside or

14  expunged.

15        Sec. 33. As used in this article:

16        (a) "Listed offense" means that term as defined in section 2

17  of the sex offenders registration act, 1994 PA 295, MCL 28.722.

18        (b) "Loiter" means to remain for a period of time and under

19  circumstances that a reasonable person would determine is for the

20  primary purpose of observing or contacting minors.knowingly and

21  intentionally enter on and remain on the premises of another for

22  a purpose other than a purpose listed in section 34(4)(a) to (c).

23        (c) "Minor" means an individual less than 18 years of age.

24        (d) "School" means a public, private, denominational, or

25  parochial school offering developmental kindergarten,

26  kindergarten, or any grade from 1 through 12. School does not

27  include a home school.

 1        (e) "School property" means a building, facility, structure,

 2  or real property owned, leased, or otherwise controlled by a

 3  school, other than a building, facility, structure, or real

 4  property that is no longer in use on a permanent or continuous

 5  basis, to which either of the following applies:

 6        (i) It is used to impart educational instruction.

 7        (ii) It is for use by students not more than 19 years of age

 8  for sports or other recreational activities.building, playing

 9  field, or other property that is used for school purposes to

10  impart instruction to children or used for functions and events

11  sponsored by a school, designated by the school or school

12  district as being school property, and clearly marked and

13  identified as being school property.

14        (f) "Student safety zone" means school property and the area

15  that lies 1,000 feet or less from the property line of school

16  property.

17        Sec. 34. (1) Except as provided in this section and section

18  36, an individual required to be registered under article II

19  shall not do 1 or more either of the following:

20        (a) Work or reside within a student safety zone.

21        (b) Loiter within a student safety zone.on school property

22  or within 300 feet or less of the property line of school

23  property.

24        (2) An individual who violates this section is guilty of a

25  crime as follows:

26        (a) For the first violation, the individual is guilty of a

27  misdemeanor punishable by imprisonment for not more than 1 year

 1  or a fine of not more than $1,000.00, or both.

 2        (b) An individual who violates this section and has 1 or

 3  more prior convictions under this section is guilty of a felony

 4  punishable by imprisonment for not more than 2 years or a fine of

 5  not more than $2,000.00, or both.

 6        (3) Subsection (1)(a) does not apply to any of the

 7  following:

 8        (a) An individual who was working within a student safety

 9  zone on January 1, 2006. However, this exception does not apply

10  to an individual who initiates or maintains contact with a minor

11  within that student safety zone.

12        (b) An individual whose place of employment is within a

13  student safety zone solely because a school is relocated or is

14  initially established 1,000 feet or less from the individual's

15  place of employment. However, this exception does not apply to an

16  individual who initiates or maintains contact with a minor within

17  that student safety zone.

18        (c) An individual who only intermittently or sporadically

19  enters a student safety zone for the purpose of work. However,

20  this exception does not apply to an individual who initiates or

21  maintains contact with a minor within a student safety zone.

22        (4) The following individuals are presumed not to be in

23  violation of subsection (1)(b), unless the presumption is

24  rebutted by clear and convincing evidence:

25        (a) A parent or guardian who is on school property while

26  transporting his or her child to or from the child's school or to

27  or from an event sanctioned by the child's school.

 1        (b) A parent or guardian who is on school property attending

 2  an event sanctioned by his or her child's school.

 3        (c) A parent or guardian who is on school property for the

 4  purpose of meeting with an employee of the school regarding his

 5  or her child enrolled at that school.

 6  (5) (4) This section does not prohibit an individual from

 7  being charged with, convicted of, or punished for any other

 8  violation of law that is committed by that individual while

 9  violating this section.

10  (6) (5) Nothing in this section shall be construed to

11  prohibit an individual from exercising his or her right to vote.

12        Enacting section 1. This amendatory act takes effect 90 days

13  after the date it is enacted into law.