HOUSE BILL No. 6099

 

May 23, 2006, Introduced by Reps. Jones, Wenke, Schuitmaker, Acciavatti, Hune, Gosselin, Drolet, Ward, David Law, Ball, Vander Veen, Green, Marleau, Kooiman, Stakoe, Steil, Sheen and Brandenburg and referred to the Committee on Judiciary.

 

     A bill to amend 1994 PA 295, entitled

 

"Sex offenders registration act,"

 

by amending section 2 (MCL 28.722), as amended by 2005 PA 301.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2. As used in this act:

 

     (a) "Convicted" means 1 of the following:

 

     (i) Having a judgment of conviction or a probation order

 

entered in any court having jurisdiction over criminal offenses,

 

including, but not limited to, a tribal court or a military court,

 

and including a conviction subsequently set aside under 1965 PA

 

213, MCL 780.621 to 780.624.

 

     (ii) Either of the following:

 


     (A) Being assigned to youthful trainee status under sections

 

11 to 15 of chapter II of the code of criminal procedure, 1927 PA

 

175, MCL 762.11 to 762.15, before October 1, 2004.

 

     (B) Being assigned to youthful trainee status under sections

 

11 to 15 of chapter II of the code of criminal procedure, 1927 PA

 

175, MCL 762.11 to 762.15, on or after October 1, 2004 if the

 

individual's status of youthful trainee is revoked and an

 

adjudication of guilt is entered.

 

     (iii) Having 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.

 

     (iv) Having an order of disposition or other adjudication in a

 

juvenile matter in another state or country.

 

     (b) "Department" means the department of state police.

 

     (c) "Institution of higher education" means 1 or more of the

 

following:

 

     (i) A public or private community college, college, or

 

university.

 

     (ii) A public or private trade, vocational, or occupational

 

school.

 

     (d) "Local law enforcement agency" means the police department

 

of a municipality.

 

     (e) "Listed offense" means any of the following:

 

     (i) A violation of section 145a, 145b, or 145c of the Michigan

 

penal code, 1931 PA 328, MCL 750.145a, 750.145b, and 750.145c.

 

     (ii) A violation of section 158 of the Michigan penal code,

 


1931 PA 328, MCL 750.158, if a victim is an individual less than 18

 

years of age or if the victim is any animal.

 

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

 

code, 1931 PA 328, MCL 750.335a, if that individual was previously

 

convicted of violating section 335a of that act.

 

     (iv) A third or subsequent violation of any combination of the

 

following:

 

     (A) Section 167(1)(f) of the Michigan penal code, 1931 PA 328,

 

MCL 750.167.

 

     (B) Section 335a(2)(a) of the Michigan penal code, 1931 PA

 

328, MCL 750.335a.

 

     (C) A local ordinance of a municipality substantially

 

corresponding to a section described in sub-subparagraph (A) or

 

(B).

 

     (v) Except for a juvenile disposition or adjudication, a

 

violation of section 338, 338a, or 338b of the Michigan penal code,

 

1931 PA 328, MCL 750.338, 750.338a, and 750.338b, if a victim is an

 

individual less than 18 years of age.

 

     (vi) A violation of section 349 of the Michigan penal code,

 

1931 PA 328, MCL 750.349, if a victim is an individual less than 18

 

years of age.

 

     (vii) A violation of section 350 of the Michigan penal code,

 

1931 PA 328, MCL 750.350.

 

     (viii) A violation of section 448 of the Michigan penal code,

 

1931 PA 328, MCL 750.448, if a victim is an individual less than 18

 

years of age.

 

     (ix) A violation of section 455 of the Michigan penal code,

 


1931 PA 328, MCL 750.455.

 

     (x) A violation of section 520b, 520c, 520d, 520e, or 520g of

 

the Michigan penal code, 1931 PA 328, MCL 750.520b, 750.520c,

 

750.520d, 750.520e, and 750.520g.

 

     (xi) Any other violation of a law of this state or a local

 

ordinance of a municipality that by its nature constitutes a sexual

 

offense against an individual who is less than 18 years of age.

 

     (xii) An offense committed by a person who was, at the time of

 

the offense, a sexually delinquent person as defined in section 10a

 

of the Michigan penal code, 1931 PA 328, MCL 750.10a.

 

     (xiii) An attempt or conspiracy to commit an offense described

 

in subparagraphs (i) to (xii).

 

     (xiv) An offense substantially similar to an offense described

 

in subparagraphs (i) to (xiii) under a law of the United States, any

 

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

 

     (f) "Municipality" means a city, village, or township of this

 

state.

 

     (g) "Residence", as used in this act, for registration and

 

voting purposes means that place at which a person habitually

 

sleeps, keeps his or her personal effects, and has a regular place

 

of lodging. If a person has more than 1 residence, or if a wife has

 

a residence separate from that of the husband, that place at which

 

the person resides the greater part of the time shall be his or her

 

official residence for the purposes of this act. This section shall

 

not be construed to affect existing judicial interpretation of the

 

term residence.

 

     (h) "Student" means an individual enrolled on a full- or part-

 


time basis in a public or private educational institution,

 

including, but not limited to, a secondary school, trade school,

 

professional institution, or institution of higher education.