April 27, 2004, Introduced by Senators HAMMERSTROM and JOHNSON and referred to the Committee on Appropriations.
A bill to amend 1994 PA 295, entitled
"Sex offenders registration act,"
by amending the title and sections 4, 5a, 7, and 9 (MCL 28.724,
28.725a, 28.727, and 28.729), section 4 as amended by 1999 PA 85
and sections 5a, 7, and 9 as amended by 2002 PA 542, and by
adding section 5b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 TITLE
2 An act to require persons convicted of certain offenses to
3 register; to prescribe the powers and duties of certain
4 departments and agencies in connection with that registration;
5 and to prescribe fees, penalties, and sanctions.
6 Sec. 4. (1) Registration of an individual under this act
7 shall proceed as provided in this section.
8 (2) For an individual convicted of a listed offense on or
1 before October 1, 1995 who on or before October 1, 1995 is
2 sentenced for that offense, has a disposition entered for that
3 offense, or is assigned to youthful trainee status for that
4 offense, the following shall register the individual by
5 December 31, 1995:
6 (a) If the individual is on probation for the listed offense,
7 the individual's probation officer.
8 (b) If the individual is committed to jail for the listed
9 offense, the sheriff or his or her designee.
10 (c) If the individual is under the jurisdiction of the
11 department of corrections for the listed offense, the department
12 of corrections.
13 (d) If the individual is on parole for the listed offense,
14 the individual's parole officer.
15 (e) If the individual is within the jurisdiction of the
16 juvenile division of the probate court or the department of
17 social services under an order of disposition for the listed
18 offense, the juvenile division of the probate court or the
19 department of social services.
20 (3) Except as provided in subsection (4), for an individual
21 convicted of a listed offense on or before October 1, 1995:
22 (a) If the individual is sentenced for that offense after
23 October 1, 1995 or assigned to youthful trainee status after
24 October 1, 1995, the probation officer shall register the
25 individual before sentencing or assignment.
26 (b) If the individual's probation or parole is transferred to
27 this state after October 1, 1995, the probation or parole officer
1 shall register the individual within 14 days after the transfer.
2 (c) If the individual is placed within the jurisdiction of
3 the juvenile division of the probate court or family division of
4 circuit court or committed to the department of social services
5 or family independence agency under an order of disposition
6 entered after October 1, 1995, the juvenile division of the
7 probate court or family division of circuit court shall register
8 the individual before the order of disposition is entered.
9 (4) For an individual convicted on or before September 1,
10 1999 of an offense that was added on September 1, 1999 to the
11 definition of listed offense, the following shall register the
12 individual:
13 (a) If the individual is on probation or parole on September
14 1, 1999 for the listed offense, the individual's probation or
15 parole officer not later than September 12, 1999.
16 (b) If the individual is committed to jail on September 1,
17 1999 for the listed offense, the sheriff or his or her designee
18 not later than September 12, 1999.
19 (c) If the individual is under the jurisdiction of the
20 department of corrections on September 1, 1999 for the listed
21 offense, the department of corrections not later than November
22 30, 1999.
23 (d) If the individual is within the jurisdiction of the
24 family division of circuit court or committed to the family
25 independence agency or county juvenile agency on September 1,
26 1999 under an order of disposition for the listed offense, the
27 family division of circuit court, the family independence agency,
1 or the county juvenile agency not later than November 30, 1999.
2 (e) If the individual is sentenced or assigned to youthful
3 trainee status for that offense after September 1, 1999, the
4 probation officer shall register the individual before sentencing
5 or assignment.
6 (f) If the individual's probation or parole for the listed
7 offense is transferred to this state after September 1, 1999, the
8 probation or parole officer shall register the individual within
9 14 days after the transfer.
10 (g) If the individual is placed within the jurisdiction of
11 the family division of circuit court or committed to the family
12 independence agency for the listed offense after September 1,
13 1999, the family division of circuit court shall register the
14 individual before the order of disposition is entered.
15 (5) Subject to section 3(1) and (2), an individual convicted
16 of a listed offense in this state after October 1, 1995 shall
17 register before sentencing, entry of the order of disposition, or
18 assignment to youthful trainee status. The probation officer or
19 the family division of circuit court shall give the individual
20 the registration form after the individual is convicted, explain
21 the duty to register and to pay a registration fee, verify his or
22 her address, and provide notice of address changes, and accept
23 the completed registration for processing under section 6. The
24 court shall not impose sentence, enter the order of disposition,
25 or assign the individual to youthful trainee status until it
26 determines that the individual's registration was forwarded to
27 the department as required under section 6.
1 (6) All of the following shall register with the local law
2 enforcement agency, sheriff's department, or the department
3 within 14 days after becoming domiciled or temporarily residing,
4 working, or being a student in this state for the periods
5 specified in section 3(1):
6 (a) Subject to section 3(1), an individual convicted in
7 another state or country after October 1, 1995 of a listed
8 offense as defined before September 1, 1999.
9 (b) Subject to section 3(2), an individual convicted in
10 another state or country of an offense added on September 1, 1999
11 to the definition of listed offenses.
12 (c) An individual required to be registered as a sex offender
13 in another state or country regardless of when the conviction was
14 entered.
15 Sec. 5a. (1) Not
later than September 1, 1999 December
1,
16 2004, the department shall mail a notice to each individual
17 registered under this act who is not in a state correctional
18 facility explaining the individual's duties under this section
19 and this act as amended and the procedure for registration,
20 notification, and verification and paying the registration fee
21 prescribed under subsection (5) or section 7(1).
22 (2) Upon the release of an individual registered under this
23 act who is in a state correctional facility, the department of
24 corrections shall provide written notice to that individual
25 explaining his or her duties under this section and this act as
26 amended and the procedure for registration, notification, and
27 verification and paying the registration fee prescribed under
1 subsection (5) or section 7(1). The individual shall sign and
2 date the notice. The department of corrections shall maintain a
3 copy of the signed and dated notice in the individual's file.
4 The department of corrections shall forward the original notice
5 to the department within 30 days, regardless of whether the
6 individual signs it.
7 (3) Not later than January 15, 2000, an individual registered
8 under this act who is not incarcerated shall report in person to
9 the local law enforcement agency or sheriff's department having
10 jurisdiction where he or she is domiciled or resides or to the
11 department post in or nearest to the county where he or she is
12 domiciled or resides. The individual shall present proof of
13 domicile or residence and update any information that changed
14 since registration, including information that is required to be
15 reported under section 4a. An individual registered under this
16 act who is incarcerated on January 15, 2000 shall report under
17 this subsection not less than 10 days after he or she is
18 released.
19 (4) Following initial verification under subsection (3), or
20 registration under this act after January 15, 2000, an individual
21 required to be registered under this act who is not incarcerated
22 shall report in person to the local law enforcement agency or
23 sheriff's department having jurisdiction where he or she is
24 domiciled or resides or to the department post in or nearest to
25 the county where he or she is domiciled or resides for
26 verification of domicile or residence as follows:
27 (a) If the person is registered only for 1 or more
1 misdemeanor listed offenses, not earlier than January 1 or later
2 than January 15 of each year after the initial verification or
3 registration. As used in this subdivision, "misdemeanor listed
4 offense" means a listed offense that is any of the following:
5 (i) A violation of section 145a of the Michigan penal code,
6 1931 PA 328, MCL 750.145a, committed before June 1, 2002.
7 (ii) A violation of section 145c(4), 167(1)(f), or 448 of the
8 Michigan penal code, 1931 PA 328, MCL 750.145c, 750.167, and
9 750.448.
10 (iii) A violation of section 335a of the Michigan penal code,
11 1931 PA 328, MCL 750.335a, other than a violation committed by a
12 person who was, at the time of the offense, a sexually delinquent
13 person as defined in section 10a of the Michigan penal code, 1931
14 PA 328, MCL 750.10a.
15 (iv) A violation of a local ordinance of a municipality
16 substantially corresponding to a section described in
17 subparagraph (i), (ii), or (iii).
18 (v) A violation of a law of this state or a local ordinance
19 of a municipality that by its nature constitutes a sexual offense
20 against an individual who is less than 18 years of age if the
21 violation is not specifically designated a felony and is
22 punishable by imprisonment for 1 year or less.
23 (vi) An attempt or conspiracy to commit an offense described
24 in subparagraphs (i) to (v).
25 (vii) An offense substantially similar to an offense
26 described in subparagraphs (i) to (vi) under a law of the United
27 States, any state, or any country or under tribal or military
1 law.
2 (b) If the person is registered for 1 or more felony listed
3 offenses, not earlier than the first day or later than the
4 fifteenth day of each April, July, October, and January following
5 initial verification or registration. As used in this
6 subdivision, "felony listed offense" means a listed offense that
7 is any of the following:
8 (i) A violation of section 145a of the Michigan penal code,
9 1931 PA 328, MCL 750.145a, committed on or after June 1, 2002.
10 (ii) A violation of section 145b, 145c(2) or (3), 349, 350,
11 455, 520b, 520c, 520d, 520e, or 520g of the Michigan penal code,
12 1931 PA 328, MCL 750.145b, 750.145c, 750.349, 750.350, 750.455,
13 750.520b, 750.520c, 750.520d, 750.520e, and 750.520g.
14 (iii) A violation of section 335a of the Michigan penal code,
15 1931 PA 328, MCL 750.335a, committed by a person who was, at the
16 time of the offense, a sexually delinquent person as defined in
17 section 10a of the Michigan penal code, 1931 PA 328,
18 MCL 750.10a.
19 (iv) A violation of a law of this state that by its nature
20 constitutes a sexual offense against an individual who is less
21 than 18 years of age if the violation is specifically designated
22 a felony or is punishable by imprisonment for more than 1 year.
23 (v) An attempt or conspiracy to commit an offense described
24 in subparagraphs (i) to (iv).
25 (vi) An offense substantially similar to an offense described
26 in subparagraphs (i) to (v) under a law of the United States, any
27 state, or any country or under tribal or military law.
1 (5) When an individual reports under subsection (3) or (4),
2 an officer or authorized employee of the local law enforcement
3 agency, sheriff's department, or department post shall verify the
4 individual's residence or domicile and any information required
5 to be reported under section 4a. The officer or authorized
6 employee shall sign and date a verification form. The officer
7 shall give a copy of the signed form showing the date of
8 verification to the individual. The officer or employee shall
9 forward verification information to the department by the law
10 enforcement information network in the manner the department
11 prescribes. The department shall revise the data bases
12 maintained under section 8 as necessary and shall indicate
13 verification in the compilation under section 8(2). Except as
14 otherwise provided in section 5b, an individual who reports as
15 prescribed under subsection (3) or (4) and who has not already
16 paid the fee prescribed under section 7(1) shall pay a $35.00
17 registration fee. An individual shall only be required to pay a
18 fee once under this subsection.
19 (6) An individual required to be registered under this act
20 shall maintain either a valid operator's or chauffeur's license
21 issued under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to
22 257.923, or an official state personal identification card issued
23 under 1972 PA 222, MCL 28.291 to 28.300, with the individual's
24 current address. The license or card may be used as proof of
25 domicile or residence under this section. In addition, the
26 officer or authorized employee may require the individual to
27 produce another document bearing his or her name and address,
1 including but not limited to voter registration or a utility or
2 other bill. The department may specify other satisfactory proof
3 of domicile or residence.
4 (7) Not earlier than January 1, 2000 or later than January
5 15, 2000, an individual registered under this act who is not
6 incarcerated shall report in person to a secretary of state
7 office and have his or her digitized photograph taken. An
8 individual registered under this act who is incarcerated on
9 January 15, 2000 shall report under this subsection not less than
10 10 days after he or she is released. The individual is not
11 required to report under this subsection if he or she had a
12 digitized photograph taken for an operator's or chauffeur's
13 license or official state personal identification card before
14 January 1, 2000, or within 2 years before he or she is released.
15 The photograph shall be used on the individual's operator's or
16 chauffeur's license or official state personal identification
17 card. The individual shall have a new photograph taken when he
18 or she renews the license or identification card as provided by
19 law. The secretary of state shall make the digitized photograph
20 available to the department for a registration under this act.
21 (8) If an individual does not report under subsection (3) or
22 (4) or section 4a, the department shall notify the local law
23 enforcement agency, sheriff's department, or department post. An
24 appearance ticket may be issued for the individual's failure to
25 report as provided in sections 9a to 9g of chapter IV of the code
26 of criminal procedure, 1927 PA 175, MCL 764.9a to 764.9g.
27 (9) The department shall prescribe the form for the notices
1 and verification procedures required under this section.
2 Sec. 5b. (1) Of the money collected by a court, local law
3 enforcement agency, sheriff's department, or department post from
4 each registration fee prescribed under this act, $25.00 shall be
5 forwarded to the department, which shall deposit the money in the
6 sex offenders registration fund created under subsection (2), and
7 $10.00 shall be retained by the court, local law enforcement
8 agency, sheriff's department, or department post.
9 (2) The sex offenders registration fund is created as a
10 separate fund in the department of treasury. The state treasurer
11 shall credit the money received from the payment of the
12 registration fee prescribed under this act to the sex offenders
13 registration fund. Money credited to the fund shall only be used
14 by the department for training concerning, and the maintenance
15 and automation of, the databases, compilation, and information
16 required under section 8. Money in the sex offenders
17 registration fund at the close of the fiscal year shall remain in
18 the fund and shall not lapse to the general fund.
19 (3) If an individual required to pay a registration fee under
20 this act is indigent, the registration fee shall be temporarily
21 waived. The burden is on the individual claiming indigence to
22 prove the fact of indigence to the satisfaction of the local law
23 enforcement agency, sheriff's department, or department post
24 where the individual is reporting.
25 (4) Payment of the registration fee prescribed under this act
26 shall be made in the form and by means prescribed by the
27 department. Upon payment of the registration fee prescribed
1 under this act, the officer or employee shall forward
2 verification of the payment to the department by the law
3 enforcement information network in the manner the department
4 prescribes. The department shall revise the databases maintained
5 under section 8 as necessary and shall indicate verification of
6 payment in the compilation under section 8(2).
7 Sec. 7. (1) A registration under this act shall be made on
8 a form provided by the department and shall be forwarded to the
9 department in the format the department prescribes, along with a
10 $35.00 registration fee for each original registration, except as
11 otherwise provided in section 5b. A registration shall contain
12 all of the following:
13 (a) The individual's name, social security number, date of
14 birth, and address or expected address. An individual who is in
15 a witness protection and relocation program is only required to
16 use the name and identifying information reflecting his or her
17 new identity in a registration under this act. The registration
18 and compilation databases shall not contain any information
19 identifying the individual's prior identity or locale. The
20 department shall request each individual to provide his or her
21 date of birth if it is not included in the registration, and that
22 individual shall comply with the request within 10 days.
23 (b) A brief summary of the individual's convictions for
24 listed offenses regardless of when the conviction occurred,
25 including where the offense occurred and the original charge if
26 the conviction was for a lesser offense.
27 (c) A complete physical description of the individual.
1 (d) The photograph required under section 5a.
2 (e) The individual's fingerprints if not already on file with
3 the department. An individual required to be registered on
4 September 1, 1999 shall have his or her fingerprints taken not
5 later than September 12, 1999 if not already on file with the
6 department. The department shall forward a copy of the
7 individual's fingerprints to the federal bureau of investigation
8 if not already on file with that bureau.
9 (f) Information that is required to be reported under section
10 4a.
11 (2) A registration may contain the individual's blood type
12 and whether a DNA identification profile of the individual is
13 available.
14 (3) The form used for registration or verification under this
15 act shall contain a written statement that explains the duty of
16 the individual being registered to provide notice of a change of
17 address under section 5, the procedures for providing that
18 notice, and the verification procedures under section 5a.
19 (4) The individual shall sign a registration, notice, and
20 verification. However, the registration, notice, or verification
21 shall be forwarded to the department regardless of whether the
22 individual signs it or pays the registration fee required under
23 subsection (1).
24 (5) The officer, court, or an employee of the agency
25 registering the individual or receiving or accepting a
26 registration under section 4 shall sign the registration form.
27 (6) An individual shall not knowingly provide false or
1 misleading information concerning a registration, notice, or
2 verification.
3 (7) The department shall prescribe the form for a
4 notification required under section 5 and the format for
5 forwarding the notification to the department.
6 (8) The department shall promptly provide registration,
7 notice, and verification information to the federal bureau of
8 investigation and to local law enforcement agencies, sheriff's
9 departments, department posts, and agencies of other states
10 requiring the information, as provided by law.
11 Sec. 9. (1) Except
as provided in subsections (2), and
12 (3), and (4), an individual required to be registered under this
13 act who willfully violates this act is guilty of a felony
14 punishable as follows:
15 (a) If the individual has no prior convictions for a
16 violation of this act, other than a failure to comply with
17 section 5a, by imprisonment for not more than 4 years or a fine
18 of not more than $2,000.00, or both.
19 (b) If the individual has 1 prior conviction for a violation
20 of this act, other than a failure to comply with section 5a, by
21 imprisonment for not more than 7 years or a fine of not more than
22 $5,000.00, or both.
23 (c) If the individual has 2 or more prior convictions for
24 violations of this act, other than a failure to comply with
25 section 5a, by imprisonment for not more than 10 years or a fine
26 of not more than $10,000.00, or both.
27 (2) An individual who fails to comply with section 5a, other
1 than payment of the fee required under section 5a(5), is guilty
2 of a misdemeanor punishable by imprisonment for not more than 93
3 days or a fine of not more than $1,000.00, or both.
4 (3) An individual who willfully fails to sign a registration,
5 notice, or verification as provided in section 7(4) is guilty of
6 a misdemeanor punishable by imprisonment for not more than 93
7 days or a fine of not more than $1,000.00, or both.
8 (4) An individual who willfully refuses or fails to pay the
9 registration fee prescribed in section 5a(5) or section 7(1) is
10 guilty of a misdemeanor punishable by imprisonment for not more
11 than 90 days.
12 (5) (4) The
court shall revoke the probation of an
13 individual placed on probation who willfully violates this act.
14 (6) (5) The
court shall revoke the youthful trainee status
15 of an individual assigned to youthful trainee status who
16 willfully violates this act.
17 (7) (6) The
parole board shall rescind the parole of an
18 individual released on parole who willfully violates this act.
19 (8) (7) An
individual's failure to register as required by
20 this act or a violation of section 5(1), (3), or (4) may be
21 prosecuted in the judicial district of any of the following:
22 (a) The individual's last registered address or residence.
23 (b) The individual's actual address or residence.
24 (c) Where the individual was arrested for the violation.
25 Enacting section 1. This amendatory act takes effect
26 October 16, 2004.