December 18, 2009, Introduced by Senator WHITMER and referred to the Committee on Judiciary.
A bill to amend 1994 PA 295, entitled
"Sex offenders registration act,"
by amending section 5 (MCL 28.725), as amended by 2006 PA 402.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5. (1) An individual required to be registered under this
act shall notify the local law enforcement agency or sheriff's
department having jurisdiction where his or her new residence or
domicile is located or the department post of the individual's new
residence or domicile within 10 days after the individual changes
or vacates his or her residence, domicile, or place of work or
education, including any change required to be reported under
section 4a. However, if the individual vacates his or her residence
without having secured an alternative residence, the individual
shall report to the local law enforcement agency or the county
sheriff within 5 days after he or she vacates his or her residence
and shall continue to report every 5 days until he or she secures a
residence.
(2) If an individual who is incarcerated in a state
correctional facility and is required to be registered under this
act is granted parole or is due to be released upon completion of
his or her maximum sentence, the department of corrections, before
releasing the individual, shall provide notice of the location of
the individual's proposed place of residence or domicile to the
sheriff's department having jurisdiction over that location or to
the appropriate state police department post.
(3) Within 10 days after either of the following occurs, the
department of corrections shall notify the local law enforcement
agency or sheriff's department having jurisdiction over the area to
which the individual is transferred or the department post of the
transferred residence or domicile of an individual required to be
registered under this act:
(a) The individual is transferred to a community residential
program.
(b) The individual is transferred into a minimum custody
correctional facility of any kind, including a correctional camp or
work camp.
(4) An individual required to be registered under this act
shall notify the department on a form prescribed by the department
not later than 10 days before he or she changes his or her domicile
or residence to another state. The individual shall indicate the
new state and, if known, the new address. The department shall
update the registration and compilation databases and promptly
notify the appropriate law enforcement agency and any applicable
sex or child offender registration authority in the new state.
(5) If the probation or parole of an individual required to be
registered under this act is transferred to another state or an
individual required to be registered under this act is transferred
from a state correctional facility to any correctional facility or
probation or parole in another state, the department of corrections
shall promptly notify the department and the appropriate law
enforcement agency and any applicable sex or child offender
registration authority in the new state. The department shall
update the registration and compilation databases.
(6) An individual registered under this act shall comply with
the verification procedures and proof of residence procedures
prescribed in sections 4a and 5a.
(7) Except as provided in subsections (8) and (9), an
individual shall comply with this section for 25 years after the
date of initially registering or, if the individual is in a state
correctional facility, for 10 years after release from the state
correctional facility, whichever is longer.
(8) Except as provided in subsection (9), an individual shall
comply with this section for life if the individual is convicted of
any of the following or a substantially similar offense under a law
of the United States, any state, or any country or under tribal or
military law:
(a) A violation of section 520b of the Michigan penal code,
1931 PA 328, MCL 750.520b.
(b) A violation of section 520c(1)(a) of the Michigan penal
code, 1931 PA 328, MCL 750.520c.
(c) A violation of section 349 of the Michigan penal code,
1931 PA 328, MCL 750.349, if the victim is less than 18 years of
age.
(d) A violation of section 350 of the Michigan penal code,
1931 PA 328, MCL 750.350.
(e) A violation of section 145c(2) or (3) of the Michigan
penal code, 1931 PA 328, MCL 750.145c.
(f) An attempt or conspiracy to commit an offense described in
subdivisions (a) to (e).
(g) Except as provided in this subdivision, a second or
subsequent listed offense after October 1, 1995 regardless of when
any earlier listed offense was committed. An individual is not
required to comply with this section for life if his or her first
or second listed offense is for a conviction on or before September
1, 1999 for an offense that was added on September 1, 1999 to the
definition of listed offense, unless he or she is convicted of a
subsequent listed offense after September 1, 1999.
(9) An individual who is ordered to register as provided in
section 8d shall register subject to that section.