SENATE BILL NO. 424

A bill to amend 1994 PA 295, entitled

"Sex offenders registration act,"

by amending sections 4, 5, and 8c (MCL 28.724, 28.725, and 28.728c), sections 4 and 5 as amended by 2020 PA 295 and section 8c as amended by 2011 PA 18.

the people of the state of michigan enact:

Sec. 4. (1) Registration of an individual under this act must proceed as provided in this section.

(2) For an individual convicted of a listed offense on or before October 1, 1995 who on or before October 1, 1995 is sentenced for that offense, has a disposition entered for that offense, or is assigned to youthful trainee status for that offense, the following shall register the individual by December 31, 1995:

(a) If the individual is on probation for the listed offense, the individual's probation agent.

(b) If the individual is committed to jail for the listed offense, the sheriff or his or her the sheriff's designee.

(c) If the individual is under the jurisdiction of the department of corrections for the listed offense, the department of corrections.

(d) If the individual is on parole for the listed offense, the individual's parole agent.

(e) If the individual is within the jurisdiction of the juvenile division of the probate court or the department of social health and human services under an order of disposition for the listed offense, the juvenile division of the probate court or the department of social health and human services.

(3) Except as provided in subsection (4), for an individual convicted of a listed offense on or before October 1, 1995:

(a) If the individual is sentenced for that offense after October 1, 1995 or assigned to youthful trainee status after October 1, 1995, the probation agent shall register the individual before sentencing or assignment.

(b) If the individual's probation or parole is transferred to this state after October 1, 1995, the probation or parole agent shall register the individual not more than 7 days after the transfer.

(c) If the individual is placed within the jurisdiction of the juvenile division of the probate court or family division of circuit court or committed to the department of health and human services under an order of disposition entered after October 1, 1995, the juvenile division of the probate court or family division of circuit court shall register the individual before the order of disposition is entered.

(4) For an individual convicted on or before September 1, 1999 of an offense that was added on September 1, 1999 to the definition of listed offense, the following shall register the individual:

(a) If the individual is on probation or parole on September 1, 1999 for the listed offense, the individual's probation or parole agent not later than September 12, 1999.

(b) If the individual is committed to jail on September 1, 1999 for the listed offense, the sheriff or his or her the sheriff's designee not later than September 12, 1999.

(c) If the individual is under the jurisdiction of the department of corrections on September 1, 1999 for the listed offense, the department of corrections not later than November 30, 1999.

(d) If the individual is within the jurisdiction of the family division of circuit court or committed to the department of health and human services or county juvenile agency on September 1, 1999 under an order of disposition for the listed offense, the family division of circuit court, the department of health and human services, or the county juvenile agency not later than November 30, 1999.

(e) If the individual is sentenced or assigned to youthful trainee status for that offense after September 1, 1999, the probation agent shall register the individual before sentencing or assignment.

(f) If the individual's probation or parole for the listed offense is transferred to this state after September 1, 1999, the probation or parole agent shall register the individual within not more than 14 days after the transfer.

(g) If the individual is placed within the jurisdiction of the family division of circuit court or committed to the department of health and human services for the listed offense after September 1, 1999, the family division of circuit court shall register the individual before the order of disposition is entered.

(5) Subject to section 3, an individual convicted of a listed offense in this state after October 1, 1995 and an individual who was previously convicted of a listed offense for which he or she the individual was not required to register under this act, but who is convicted of any other felony on or after July 1, 2011, shall register before sentencing, entry of the order of disposition, or assignment to youthful trainee status for that listed offense or that other felony. The probation agent or the family division of circuit court shall give the individual the registration form after the individual is convicted, explain the duty to register and accept the completed registration for processing under section 6. The court shall not impose sentence, enter the order of disposition, or assign the individual to youthful trainee status, until it determines that the individual's registration was forwarded to the department as required under section 6.

(6) All of the following shall register with the local law enforcement agency, sheriff's department, or the department not more than 3 business days after becoming domiciled or temporarily residing, working, or being a student in this state:

(a) Subject to section 3(1), an individual convicted in another state or country on or after October 1, 1995 of a listed offense as defined before September 1, 1999.

(b) Subject to section 3(2), an individual convicted in another state or country of an offense added on September 1, 1999 to the definition of listed offenses.

(c) Subject to section 3(1), an individual convicted in another state or country of a listed offense before October 1, 1995 and, subject to section 3(2), an individual convicted in another state or country of an offense added on September 1, 1999 to the definition of listed offenses, who is convicted of any other felony on or after July 1, 2011.

(d) An individual required to be registered as a sex offender in another state or country regardless of when the conviction was entered.

(7) If a prosecution or juvenile proceeding is pending on July 1, 2011, whether the defendant in a criminal case or the minor in a juvenile proceeding is required to register under this act must be determined on the basis of the law in effect on July 1, 2011.

(8) An individual who is domiciled, temporarily residing, working, or studying in this state, who is either required to register as a sex offender under a comparable statute of another state or the United States or has been convicted of an offense that is substantially similar to a registerable offense in this state, must be notified by the department via first-class mail that the individual may be required to register in this state. The individual must be provided the opportunity to petition the circuit court where the individual resides, works, or studies to determine whether the individual is required to register in this state and, if so, what the individual's registration obligations are under this act.

(9) A petition filed under subsection (8) must proceed under section 8c(4).

(10) An individual who files a petition under subsection (8) must not be required to register until the petition is decided by the circuit court.

(11) An individual who is notified by the department that the individual may have to register in this state based on an out-of-state conviction or a federal conviction who fails to petition the circuit court within 30 days of receipt of the notification is considered to have waived judicial review of the individual's requirements to register in this state. If an individual waives judicial review, the department shall determine the individual's registration requirements.

Sec. 5. (1) The requirements of this subsection apply only to an individual required to be registered under this act after July 1, 2011. The requirements of this subsection do not apply to an individual required to be registered before July 1, 2011. An individual required to be registered under this act who is a resident of this state and to whom this subsection applies shall report in person, or in another manner as prescribed by the department, and notify the registering authority having jurisdiction where his or her the individual's residence or domicile is located not more than 3 business days after any of the following occur:

(a) The individual changes or vacates his or her the individual's residence or domicile.

(b) The individual changes his or her the individual's place of employment, or employment is discontinued.

(c) The individual enrolls as a student with an institution of higher education, or enrollment is discontinued.

(d) The individual changes his or her the individual's name.

(e) Any change required to be reported under section 4a.

(2) An individual required to be registered under this act who is a resident of this state shall report in the manner prescribed by the department to the registering authority having jurisdiction where his or her the individual's residence or domicile is located not more than 3 business days after any of the following occur:

(a) Except as otherwise provided in this subdivision, any change in vehicle information, electronic mail addresses, internet identifiers, or telephone numbers registered to or used by the individual. The requirement to report any change in electronic mail email addresses and internet identifiers applies only to an individual required to be registered under this act after July 1, 2011.

(b) The individual intends to temporarily reside at any place other than his or her the individual's residence for more than 7 days. The requirement to report any change in temporary residence applies only to an individual required to be registered under this act after July 1, 2011.

(3) An individual required to be registered under this act, who is not a resident of this state but has his or her the individual's place of employment in this state shall report in person and notify the registering authority having jurisdiction where his or her the individual's place of employment is located or the department post of the individual's place of employment not more than 3 business days after the individual changes his or her the individual's place of employment or employment is discontinued. The requirement to report any change in place of employment applies only to an individual required to be registered under this act after July 1, 2011.

(4) If an individual who is incarcerated in a state correctional facility and is required to be registered under this act is granted parole or is due to be released upon on completion of his or her the individual's maximum sentence, the department of corrections, before releasing the individual, shall provide notice of the location of the individual's proposed place of residence or domicile to the department of state police.

(5) If an individual who is incarcerated in a county jail and is required to be registered under this act is due to be released from custody, the sheriff's department, before releasing the individual, shall provide notice of the location of the individual's proposed place of residence or domicile to the department of state police.

(6) Not more than 7 days after either of the following occurs, the department of corrections shall notify the local law enforcement agency or sheriff's department having jurisdiction over the area to which the individual is transferred or the department post of the transferred residence or domicile of an individual required to be registered under this act:

(a) The individual is transferred to a community residential program.

(b) The individual is transferred into a level 1 correctional facility of any kind, including a correctional camp or work camp.

(7) An individual required to be registered under this act who is a resident of this state shall report in person and notify the registering authority having jurisdiction where his or her the individual's residence or domicile is located not more than 3 business days before he or she the individual changes his or her the individual's domicile or residence to another state. The individual shall indicate the new state and, if known, the new address. The department shall update the registration and compilation databases and promptly notify the appropriate law enforcement agency and any applicable sex or child offender registration authority in the new state.

(8) An individual required to be registered under this act, who is a resident of this state, shall report in person and notify the registering authority having jurisdiction where his or her the individual's residence or domicile is located not later than 21 days before he or she the individual changes his or her the individual's domicile or residence to another country or travels to another country for more than 7 days. The individual shall state the new country of residence or country of travel and the address of his or her the individual's new domicile or residence or place of stay, if known. The department shall update the registration and compilation databases and promptly notify the appropriate law enforcement agency and any applicable sex or child offender registration authority.

(9) If the probation or parole of an individual required to be registered under this act is transferred to another state or an individual required to be registered under this act is transferred from a state correctional facility to any correctional facility or probation or parole in another state, the department of corrections shall promptly notify the department and the appropriate law enforcement agency and any applicable sex or child offender registration authority in the new state. The department shall update the registration and compilation databases.

(10) An individual registered under this act shall comply with the verification procedures and proof of residence procedures prescribed in sections 4a and 5a.

(11) Except as otherwise provided in this section and section 8c, a tier I offender shall comply with this section for 15 years.

(12) Except as otherwise provided in this section and section 8c, a tier II offender shall comply with this section for 25 years.

(13) Except Unless the offense requiring registration was committed before July 1, 2011, and except as otherwise provided in this section and section 8c, a tier III offender shall comply with this section for life. If the offense requiring registration was committed before July 1, 2011, a tier III offender shall comply with this section for 25 years after the date of initially registering, or, if the individual is in a state correctional facility, for 10 years after release from the state correctional facility, whichever is longer.

(14) The registration periods under this section exclude any period of incarceration for committing a crime and any period of civil commitment.

(15) For an individual who was previously convicted of a listed offense for which he or she the individual was not required to register under this act but who is convicted of any felony on or after July 1, 2011, any period of time that he or she the individual was not incarcerated for that listed offense or that other felony and was not civilly committed counts toward satisfying the registration period for that listed offense as described in this section. If those periods equal or exceed the registration period described in this section, the individual has satisfied his or her the individual's registration period for the listed offense and is not required to register under this act. If those periods are less than the registration period described in this section for that listed offense, the individual shall comply with this section for the period of time remaining.

(16) If an individual required to be registered under this act presents an order to the department or the appropriate registering authority that the conviction or adjudication for which the individual is required to be registered under this act has been set aside under 1965 PA 213, MCL 780.621 to 780.624, or has been otherwise expunged, his or her the individual's registration under this act must be discontinued. If this subsection applies, the department shall remove the individual from both the law enforcement database and the public internet website maintained under section 8.

Sec. 8c. (1) An individual classified as a tier I offender who meets the requirements of subsection (12) (17) may petition the court under that subsection for an order allowing him or her the individual to discontinue registration under this act.

(2) An individual classified as a tier III offender who meets the requirements of subsection (13) (18) may petition the court under that subsection for an order allowing him or her the individual to discontinue registration under this act.

(3) An individual classified as a tier I, tier II, or tier III offender who meets the requirements of subsection (14) (19) or (15) (20) may petition the court under that subsection for an order allowing him or her the individual to discontinue registration under this act.

(4) An individual who is either required to register as a sex offender under a comparable statute of another state or the United States, or an individual who has been convicted of an offense that is substantially similar to a registerable offense in this state, may petition the circuit court where the individual resides, works, or studies to determine whether the individual is required to register in this state and to determine what the individual's registration obligations are under this act. An individual who files a petition under this subsection shall serve a copy of the petition on the department at the time of filing.

(5) The court shall consider both of the following in determining whether an individual with an out-of-state offense must register in this state, but shall not grant the petition if the court determines that the individual is a continuing threat to the public:

(a) Whether or not the legal elements of the registerable offense in this state and the out-of-state offense are substantially similar.

(b) Whether or not the individual is still required to register in the jurisdiction of conviction.

(6) If the circuit court determines that an individual with an out-of-state offense must register in this state because the out-of-state offense is substantially similar to a registerable offense in this state, the court must determine which tier the individual is subject to registration under? section 2.

(7) If the circuit court determines that there is no substantially similar offense in this state, but the individual is still required to register in the jurisdiction of conviction, the court must determine which tier the individual is subject to registration under section 2.

(8) In a hearing on a petition under subsection (4), the prosecutor has the burden to prove, by a preponderance of the evidence, that the individual's out-of-state offense is substantially similar to a registerable offense in this state, or that the individual is still required to register in the jurisdiction of conviction. The petitioner may present evidence to support the lack of similarity or lack of requirement to register in the jurisdiction of conviction but may not contest the validity of the out-of-state conviction.

(9) (4) This section is the sole means by which an individual may obtain judicial review of his or her the individual's registration requirements under this act. This subsection does not prohibit an appeal of the conviction or sentence as otherwise provided by law or court rule. A Except as provided in subsection (4), a petition filed under this section shall must be filed in the court in which the individual was convicted of committing the listed offense. However, if the conviction occurred in another state or country and the individual is a resident of resides, works, or studies in this state, the individual may file a petition in the circuit court in the county of his or her residence as provided under subsection (4) for an order allowing him or her the individual to discontinue registration under this act only. A petition shall may not be filed under this section if a previous petition was filed under this section and was denied by the court after a hearing.

(10) (5) A petition filed under this section shall must be made under oath and shall must contain all of the following:

(a) The name and address of the petitioner.

(b) A statement identifying the offense for which discontinuation from registration or determination of registration obligations for an out-of-state offense is being requested.

(c) A statement of whether the individual was previously convicted of a listed offense for which registration is required under this act.

(11) (6) An individual who knowingly makes a false statement in a petition filed under this section is guilty of perjury as proscribed under section 423 of the Michigan penal code, 1931 PA 328, MCL 750.423.

(12) (7) A copy of the petition shall must be filed with the office of the prosecuting attorney that prosecuted the case against the individual or, for a conviction that occurred in another state or country, the prosecuting attorney for the county of his or her the individual's residence, at least not less than 30 days before a hearing is held on the petition. The prosecuting attorney may appear and participate in all proceedings regarding the petition and may seek appellate review of any decision on the petition.

(13) (8) If the name of the victim of the offense is known by the prosecuting attorney, the prosecuting attorney shall provide the victim with written notice that a petition has been filed and shall provide the victim with a copy of the petition. The notice shall must be sent by first-class mail to the victim's last known address. The petition shall must include a statement of the victim's rights under subsection (10).(15).

(14) (9) If an individual properly files a petition with the court under this section, the court shall conduct a hearing on the petition as provided in this section.

(15) (10) The victim has the right to attend all proceedings under this section and to make a written or oral statement to the court before any decision regarding the petition is made. A victim shall must not be required to appear at any proceeding under this section against his or her the victim's will.

(16) (11) The court shall consider all of the following in determining whether to allow the individual to discontinue registration under subsection (12) or (13) (17) or (18) but shall not grant the petition if the court determines that the individual is a continuing threat to the public:

(a) The individual's age and level of maturity at the time of the offense.

(b) The victim's age and level of maturity at the time of the offense.

(c) The nature of the offense.

(d) The severity of the offense.

(e) The individual's prior juvenile or criminal history.

(f) The individual's likelihood to commit further listed offenses.

(g) Any impact statement submitted by the victim under the William Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.751 to 780.834, or under this section.

(h) Any other information considered relevant by the court.

(17) (12) The court may grant a petition properly filed by an individual under subsection (1) if all of the following apply:

(a) Ten or more years have elapsed since the date of his or her the petitioner's conviction for the listed offense or from his or her the petitioner's release from any period of confinement for that offense, whichever occurred last.

(b) The petitioner has not been convicted of any felony since the date described in subdivision (a).

(c) The petitioner has not been convicted of any listed offense since the date described in subdivision (a).

(d) The petitioner successfully completed his or her the petitioner's assigned periods of supervised release, probation, or parole without revocation at any time of that supervised release, probation, or parole.

(e) The petitioner successfully completed a sex offender treatment program certified by the United States attorney general Attorney General under 42 USC 16915(b)(1), 34 USC 20915(b)(1), or another appropriate sex offender treatment program. The court may waive the requirements of this subdivision if successfully completing a sex offender treatment program was not a condition of the petitioner's confinement, release, probation, or parole.

(18) (13) The court may grant a petition properly filed by an individual under subsection (2) if all of the following apply:

(a) The petitioner is required to register based on an order of disposition entered under section 18 of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.18, that is open to the general public under section 28 of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.28.

(a) (b) Twenty-five or more years have elapsed since the date of his or her the petitioner's adjudication or conviction for the listed offense or from his or her the petitioner's release from any period of confinement for that offense, whichever occurred last.

(c) The petitioner has not been convicted of any felony since the date described in subdivision (b).

(b) (d) The petitioner has not been convicted of any listed offense since the date described in subdivision (b).(a).

(c) (e) The petitioner successfully completed his or her the petitioner's assigned periods of supervised release, probation, or parole without revocation at any time of that supervised release, probation, or parole.

(d) (f) The court determines that the petitioner successfully completed a sex offender treatment program certified by the United States attorney general Attorney General under 42 USC 16915(b)(1), 34 USC 20915(b)(1), or another appropriate sex offender treatment program. The court may waive the requirements of this subdivision if successfully completing a sex offender treatment program was not a condition of the petitioner's confinement, release, probation, or parole.

(19) (14) The court shall grant a petition properly filed by an individual under subsection (3) if the court determines that the conviction for the listed offense was the result of a consensual sexual act between the petitioner and the victim and any of the following apply:

(a) All of the following:

(i) The victim was 13 years of age or older but less than 16 years of age at the time of the offense.

(ii) The petitioner is not more than 4 years older than the victim.

(b) All of the following:

(i) The individual was convicted of a violation of section 158, 338, 338a, or 338b of the Michigan penal code, 1931 PA 328, MCL 750.158, 750.338, 750.338a, and 750.338b.

(ii) The victim was 13 years of age or older but less than 16 years of age at the time of the violation.

(iii) The individual is not more than 4 years older than the victim.

(c) All of the following:

(i) The individual was convicted of a violation of section 158, 338, 338a, 338b, or 520c(1)(i) of the Michigan penal code, 1931 PA 328, MCL 750.158, 750.338, 750.338a, 750.338b, and 750.520c.

(ii) The victim was 16 years of age or older at the time of the violation.

(iii) The victim was not under the custodial authority of the individual at the time of the violation.

(20) (15) The court shall grant a petition properly filed by an individual under subsection (3) if either of the following applies:

(a) Both of the following:

(i) The petitioner was adjudicated as a juvenile.

(ii) The petitioner was less than 14 years of age at the time of the offense.

(b) The individual was registered under this act before July 1, 2011 for an offense that required registration but for which registration is not required on or after July 1, 2011.