This revised summary replaces the summary dated 10-13-03.
SEX OFFENDERS REGISTRATION REVISIONS: JUVENILES
House Bill 4920
Sponsor: Rep. Larry Julian
Committee: Criminal Justice
Complete to 11-4-03
A SUMMARY OF HOUSE BILL 4920 AS INTRODUCED 7-2-03
The Sex Offenders Registration Act requires the registration of persons convicted of certain sex crimes (or, in the case of juveniles, a person placed on youthful trainee status or a person for whom the juvenile court has entered an order of disposition). Depending on whether an individual was convicted of a misdemeanor-listed offense or felony-listed offense, he or she must register and be subject to required reporting requirements for a period of at least 25 years or life, respectively.
The bill would amend the Sex Offenders Registration Act to reduce the time period from 25 years to 10 years that juveniles adjudicated for certain sex crimes would have to register as sex offenders. An individual convicted as a juvenile for committing or attempting to commit third degree criminal sexual conduct (CSC) against another person aged 13 to less than 16 years old or fourth degree CSC would have to comply with the registration requirements for 10 years. An individual assigned to youthful trainee status under provisions of the Code of Criminal Procedure (known as the Holmes Youthful Trainee Act) for a listed offense would have to comply with the registration requirements for 10 years. However, if the individual failed to successfully complete the youthful trainee status, he or she would have to register for the full time period as if convicted as an adult.
Currently, the public data base does not include any individual registered solely because he or she had one or more dispositions for a listed offense entered under provisions of the Probate Code (MCL 712A.18) for a case that was not designated as a case in which the individual was to be tried as an adult. However, this exclusion for juvenile dispositions does not apply to a disposition for first- or second-degree criminal sexual conduct (CSC). The bill would also exclude from inclusion on the public data base an individual registered solely because he or she was assigned to youthful trainee status under provisions of Code of Criminal Procedure for committing a listed offense. The exemption would not apply to an individual who failed to successfully complete that youthful trainee status.
The bill would allow an individual convicted of an offense for which the bill would shorten the time period of registration on the sex offenders list to petition the court for an order exempting him or her from registration if the individual had been registered as required for 10 years or more. The person would have to provide a copy of the petition to the prosecuting attorney not less than 30 days before a hearing was held on the petition.
If an individual properly petitioned the court and the court determined that he or she met the bill’s requirements, the court could (with the consent of the prosecuting attorney) issue an order exempting the individual from registering under the act for the violation. Also, the order would have to require the Department of State Police to remove the individual’s registration information from the registration and compilation databases.
MCL 28.725 et al.
_____________________________________________________________________________________________________________________
This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.