SENATE BILL No. 1110

 

 

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.