SEX OFFENDER REGISTRY; PETITION TO COURT        S.B. 424:

        SUMMARY OF DISCHARGED BILL

 

 

 

 

 

 

Senate Bill 424 (as discharged)

Sponsor: Senator Sam Singh

Committee: Government Operations (discharged)

 

 

CONTENT

 

The bill would amend the Sex Offenders Registration Act to do the following:

 

--       Require the Department of State Police (MSP) to notify an individual who was domiciled, temporarily residing, working, or studying in the State and who was required to register as a sex offender under comparable statute of another state or had been convicted of an offense similar to a registerable offense in the State that the individual could have to register in the State.

--       Specify that an individual described above would have the opportunity to petition a circuit court to determine whether the individual had to register in the State.

--       Require a circuit court considering a petition from an individual described above to consider whether the legal elements of the registerable offense in the State and the out-of-state offense were substantially similar and whether the individual was still required to register in the jurisdiction of conviction.

--       Require a prosecutor to prove by a preponderance of evidence that an individual's out-of-state offense was substantially similar to a registerable offense in the State in a hearing concerning a petition described above.

--       Specify how the court would have to determine a petitioner's registration if it determined that the individual was required to register after a petition hearing.

--       Specify that an individual who was notified by MSP and who failed to petition to a circuit court within 30 days would be considered to have waived the allowance for judicial review and then require the MSP to determine the individual's registration status.

--       Specify that a Tier III sex offender who committed the offense before July 1, 2011, would have to comply with the Act's registration and reporting requirements for 25 years after the date of initial registration or for 10 years after release if the individual were in a State correctional facility and that a Tier III sex offender who committed the offense after July 1, 2011, would have to comply for life.¹

 

MCL 28.724 et al.        Legislative Analyst: Tyler VanHuyse

 

FISCAL IMPACT

 

The bill would have a minimal fiscal impact on the MSP. It would likely increase costs for courts in the form of hearing costs to an unknown degree. It is not known how many individuals would petition for hearing under the language of the bill. For comparison, as of 2024, there were over 40,000 registered sex offenders residing in the State.

 

Date Completed: 6-17-25        Fiscal Analyst: Bruce R. Baker

        Michael Siracuse

floor\sb424                Bill Analysis @ www.senate.michigan.gov/sfa

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.