March 2, 2006, Introduced by Senators GARCIA, TOY, HAMMERSTROM, GOSCHKA, HARDIMAN, BARCIA, CASSIS, CROPSEY and BIRKHOLZ and referred to the Committee on Judiciary.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 2a of chapter XI (MCL 771.2a), as amended by
2005 PA 126.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER XI
Sec. 2a. (1) The court may place an individual convicted of
violating section 411h of the Michigan penal code, 1931 PA 328, MCL
750.411h, on probation for not more than 5 years. The sentence is
subject to the conditions of probation set forth in section 411h(3)
of the Michigan penal code, 1931 PA 328, MCL 750.400h, and section
3 of this chapter. The probation is subject to revocation for any
violation of a condition of that probation.
(2) The court may place an individual convicted of a violation
of section 136b of the Michigan penal code, 1931 PA 328, MCL
750.136b, that is designated as a misdemeanor on probation for not
more than 5 years.
(3) (2)
The court may place an individual convicted of
violating section 411i of the Michigan penal code, 1931 PA 328, MCL
750.411i, on probation for any term of years, but not less than 5
years. The sentence is subject to the conditions of probation set
forth in section 411i(4) of the Michigan penal code, 1931 PA 328,
MCL 750.411i, and section 3 of this chapter. The probation is
subject to revocation for any violation of a condition of that
probation.
(4) (3)
The court shall by order, to be filed or entered in
the cause as the court directs by general rule or in each case, fix
and determine the period and conditions of probation. The order is
part of the record in the cause. The court may amend the order in
form or substance at any time.
(5) (4)
Subsections (1), (2), and (3), and (4)
do not
apply to a juvenile placed on probation and committed under section
1(3) or (4) of chapter IX to an institution or agency described in
the youth rehabilitation services act, 1974 PA 150, MCL 803.301 to
803.309.
(6) (5)
Except as otherwise provided by law, the court may
place an individual convicted of a listed offense on probation
subject
to the requirements of this subsection and subsections (6)
(7)
through (11) (12)
for any term of years but not less than 5
years.
(7) (6)
Except as otherwise provided in subsections (7)
(8) to (11)
(12), if an individual is placed on probation under
subsection (5)
(6), the court shall order the individual not to
do any of the following:
(a) Reside within a student safety zone.
(b) Work within a student safety zone.
(c) Loiter within a student safety zone.
(8) (7)
The court shall not impose a condition of probation
described
in subsection (6)(a) (7)(a) if any of the following
apply:
(a) The individual is not more than 19 years of age and
attends secondary school or postsecondary school, and resides with
his or her parent or guardian. However, an individual described in
this subdivision shall be ordered not to initiate or maintain
contact with a minor within that student safety zone. The
individual shall be permitted to initiate or maintain contact with
a minor with whom he or she attends secondary school or
postsecondary school in conjunction with that school attendance.
(b) The individual is not more than 26 years of age, attends a
special education program, and resides with his or her parent or
guardian or in a group home or assisted living facility. However,
an individual described in this subdivision shall be ordered not to
initiate or maintain contact with a minor within that student
safety zone. The individual shall be permitted to initiate or
maintain contact with a minor with whom he or she attends a special
education program in conjunction with that attendance.
(c) The individual was residing within that student safety
zone at the time the amendatory act that added this subdivision was
enacted into law. However, if the individual was residing within
the student safety zone at the time the amendatory act that added
this subdivision was enacted into law, the court shall order the
individual not to initiate or maintain contact with any minors
within that student safety zone. This subdivision does not prohibit
the court from allowing contact with any minors named in the
probation order for good cause shown and as specified in the
probation order.
(9) (8)
An order issued under subsection (6)(a)
(7)(a)
shall not prohibit an individual from being a patient in a hospital
or hospice that is located within a student safety zone. However,
this exception does not apply to an individual who initiates or
maintains contact with a minor within that student safety zone.
(10) (9)
The court shall not impose a condition of probation
described
in subsection (6)(b) (7)(b) if the individual was
working within the student safety zone at the time the amendatory
act that added this subsection was enacted into law. However, if
the individual was working within the student safety zone at the
time the amendatory act that added this subsection was enacted into
law, the court shall order the individual not to initiate or
maintain contact with any minors in the course of his or her
employment within that student safety zone. This subsection does
not prohibit the court from allowing contact with any minors named
in the probation order for good cause shown and as specified in the
probation order.
(11) (10)
The court shall not impose a condition of
probation
described in subsection (6)(b) (7)(b) if the individual
only intermittently or sporadically enters a student safety zone
for purposes of work. If the individual intermittently or
sporadically works within a student safety zone, the court shall
order the individual not to initiate or maintain contact with any
minors in the course of his or her employment within that safety
zone. This subsection does not prohibit the court from allowing
contact with any minors named in the probation order for good cause
shown and as specified in the probation order.
(12) (11)
The court may exempt an individual from probation
under
subsection (5) (6) if any of the following apply:
(a) The individual has successfully completed his or her
probationary period under sections 11 to 15 of chapter II for
committing a listed offense and has been discharged from youthful
trainee status.
(b) The individual was convicted of committing or attempting
to commit a violation solely described in section 520e(1)(a) of the
Michigan penal code, 1931 PA 328, MCL 750.520e, and at the time of
the violation was 17 years of age or older but less than 21 years
of age and is not more than 5 years older than the victim.
(13) (12)
As used in this section:
(a) "Listed offense" means that term as defined in section 2
of the sex offenders registration act, 1994 PA 295, MCL 28.722.
(b) "Loiter" means to remain for a period of time and under
circumstances that a reasonable person would determine is for the
primary purpose of observing or contacting minors.
(c) "Minor" means an individual less than 18 years of age.
(d) "School" means a public, private, denominational, or
parochial school offering developmental kindergarten, kindergarten,
or any grade from 1 through 12. School does not include a home
school.
(e) "School property" means a building, facility, structure,
or real property owned, leased, or otherwise controlled by a
school, other than a building, facility, structure, or real
property that is no longer in use on a permanent or continuous
basis, to which either of the following applies:
(i) It is used to impart educational instruction.
(ii) It is for use by students not more than 19 years of age
for sports or other recreational activities.
(f) "Student safety zone" means the area that lies 1,000 feet
or less from school property.