SB-0188, As Passed House, March 23, 2011

SUBSTITUTE FOR

SENATE BILL NO. 188

[A bill to amend 1994 PA 295, entitled

"Sex offenders registration act,"

by amending sections 2, 3, 4, 4a, 5, 5a, and 5b (MCL 28.722,

28.723, 28.724, 28.724a, 28.725, 28.725a, and 28.725b), section 2

as amended by 2005 PA 301, section 3 as amended by 1999 PA 85,

section 4 as amended by 2004 PA 240, section 4a as amended and

section 5b as added by 2004 PA 237, section 5 as amended by 2006 PA

402, and section 5a as amended by 2005 PA 322, and by adding section 3a.]

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 2. As used in this act:

(a) "Aircraft" means that term as defined in section 2 of the

aeronautics code of the state of Michigan, 1945 PA 327, MCL 259.2.

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

Senate Bill No. 188 (S-4) as amended March 22, 2011

(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. This sub-

subparagraph does not apply if a petition was granted under section

8c at any time allowing the individual to discontinue registration

under this act, including a reduced registration period that

extends to or past July 1, 2011, regardless of the tier designation

that would apply on and after that date.

(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~~ before October 1, 2004 if

the ~~individual's status of youthful trainee is revoked and an~~

~~adjudication of guilt is entered~~ individual is convicted of any

other felony on or after [July 1,] 2011.

(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, . if both of

the following apply:

(A) The individual was 14 years of age or older at the time of

the offense.

(B) The order of disposition is for the commission of an

offense that would classify the individual as a tier III offender.

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

juvenile matter in another state or country . if both of the

following apply:

(A) The individual is 14 years of age or older at the time of

the offense.

(B) The order of disposition or other adjudication is for the

commission of an offense that would classify the individual as a

tier III offender.

apply:

(i) The actor was a member of the same household as the victim.

(ii) The actor was related to the victim by blood or affinity

to the fourth degree.

(iii) The actor was in a position of authority over the victim

and used this authority to coerce the victim to submit.

(iv) The actor was a teacher, substitute teacher, or

administrator of the public school, nonpublic school, school

district, or intermediate school district in which that other

person was enrolled.

(v) The actor was an employee or a contractual service

provider of the public school, nonpublic school, school district,

or intermediate school district in which that other person was

enrolled, or was a volunteer who was not a student in any public

school or nonpublic school, or was an employee of this state or of

a local unit of government of this state or of the United States

Senate Bill No. 188 (S-4) as amended March 22, 2011

assigned to provide any service to that public school, nonpublic

school, school district, or intermediate school district, and the

actor used his or her employee, contractual, or volunteer status to

gain access to, or to establish a relationship with, that other

person.

(vi) That other person was under the jurisdiction of the

department of corrections and the actor was an employee or a

contractual employee of, or a volunteer with, the department of

corrections who knew that the other person was under the

jurisdiction of the department of corrections [and used his or her

position of authority over the victim to gain access to or to coerce or otherwise encourage the victim to engage in sexual contact].

(vii) That other person was under the jurisdiction of the

department of corrections and the actor was an employee or a

contractual employee of, or a volunteer with, a private vendor that

operated a youth correctional facility under section 20g of the

corrections code of 1953, 1953 PA 232, MCL 791.220g, who knew that

the other person was under the jurisdiction of the department of

corrections.

(viii) That other person was a prisoner or probationer under the

jurisdiction of a county for purposes of imprisonment or a work

program or other probationary program and the actor was an employee

or a contractual employee of, or a volunteer with, the county or

the department of corrections who knew that the other person was

under the county's jurisdiction [and used his or her position of

authority over the victim to gain access to or to coerce or otherwise encourage the victim to engage in sexual contact].

(ix) The actor knew or had reason to know that a court had

detained the victim in a facility while the victim was awaiting a

trial or hearing, or committed the victim to a facility as a result

of the victim having been found responsible for committing an act

that would be a crime if committed by an adult, and the actor was

an employee or contractual employee of, or a volunteer with, the

facility in which the victim was detained or to which the victim

was committed.

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

(e) "Employee" means an individual who is self-employed or

works for any other entity as a full-time or part-time employee,

contractual provider, or volunteer, regardless of whether he or she

is financially compensated.

(f) "Felony" means that term as defined in section 1 of

chapter I of the code of criminal procedure, 1927 PA 174, MCL

761.1.

(g) "Immediately" means within 3 business days.

(h) "Indigent" means an individual to whom 1 or more of the

following apply:

(i) He or she has been found by a court to be indigent within

the last 6 months.

(ii) He or she qualifies for and receives assistance from the

department of human services food assistance program.

(iii) He or she demonstrates an annual income below the current

federal poverty guidelines.

(i) ~~(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.

(j) ~~(d)~~ "Local law enforcement agency" means the police

department of a municipality.

(k) ~~(e)~~ "Listed offense" means ~~any of the following:~~ a tier I,

tier II, or tier III offense.

(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.~~

(~~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.~~

(l) "Minor" means a victim of a listed offense who was less

than 18 years of age at the time the offense was committed.

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

this state.

(n) "Registering authority" means the local law enforcement

agency or sheriff's office having jurisdiction over the

individual's residence, place of employment, or institution of

higher learning, or the nearest department post designated to

receive or enter sex offender registration information within a

registration jurisdiction.

(o) "Registration jurisdiction" means each of the 50 states,

the District of Columbia, the Commonwealth of Puerto Rico, Guam,

the Northern Mariana Islands, the United States Virgin Islands,

American Samoa, and the Indian tribes within the United States that

elect to function as a registration jurisdiction.

(p) ~~(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. If a person is

homeless or otherwise lacks a fixed or temporary residence,

residence means the village, city, or township where the person

spends a majority of his or her time. This section shall not be

construed to affect existing judicial interpretation of the term

residence for purposes other than the purposes of this act.

(q) ~~(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.

(r) "Tier I offender" means an individual convicted of a tier

I offense who is not a tier II or tier III offender.

(s) "Tier I offense" means 1 or more of the following:

(i) A violation of section 145c(4) of the Michigan penal code,

1931 PA 328, MCL 750.145c.

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

code, 1931 PA 328, MCL 750.335a, if a victim is a minor.

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

1931 PA 328, MCL 750.349b, if the victim is a minor.

(iv) A violation of section 520e or 520g(2) of the Michigan

penal code, 1931 PA 328, MCL 750.520e and 750.520g, if the victim

is 18 years or older.

(v) A violation of section 539j of the Michigan penal code,

1931 PA 328, MCL 750.539j, if a victim is a minor.

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

ordinance of a municipality, other than a tier II or tier III

offense, that by its nature constitutes a sexual offense against an

individual who is a minor.

(vii) 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.

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

in subparagraphs (i) to (vii).

(ix) An offense substantially similar to an offense described

in subparagraphs (i) to (viii) under a law of the United States that

is specifically enumerated in 42 USC 16911, under a law of any

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

(t) "Tier II offender" means either of the following:

(i) A tier I offender who is subsequently convicted of another

offense that is a tier I offense.

(ii) An individual convicted of a tier II offense who is not a

tier III offender.

(u) "Tier II offense" means 1 or more of the following:

(i) A violation of section 145a of the Michigan penal code,

1931 PA 328, MCL 750.145a.

(ii) A violation of section 145b of the Michigan penal code,

1931 PA 328, MCL 750.145b.

(iii) A violation of section 145c(2) or (3) of the Michigan

penal code, 1931 PA 328, MCL 750.145c.

(iv) A violation of section 145d(1)(a) of the Michigan penal

code, 1931 PA 328, MCL 750.145d, except for a violation arising out

of a violation of section 157c of the Michigan penal code, 1931 PA

328, MCL 750.157c.

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

1931 PA 328, MCL 750.158, committed against a minor unless either

of the following applies:

(A) All of the following:

(I) The victim consented to the conduct constituting the

violation.

(II) The victim was at least 13 years of age but less than 16

years of age at the time of the violation.

(III) The individual is not more than 4 years older than the

victim.

(B) All of the following:

(I) The victim consented to the conduct constituting the

violation.

(II) The victim was 16 or 17 years of age at the time of the

violation.

(III) The victim was not under the custodial authority of the

individual at the time of the violation.

(vi) A violation of section 338, 338a, or 338b of the Michigan

penal code, 1931 PA 328, MCL 750.338, 750.338a, and 750.338b,

committed against an individual 13 years of age or older but less

than 18 years of age. This subparagraph does not apply if the court

determines that either of the following applies:

(A) All of the following:

(I) The victim consented to the conduct constituting the

violation.

(II) The victim was at least 13 years of age but less than 16

years of age at the time of the violation.

(III) The individual is not more than 4 years older than the

victim.

(B) All of the following:

(I) The victim consented to the conduct constituting the

violation.

(II) The victim was 16 or 17 years of age at the time of the

violation.

(III) The victim was not under the custodial authority of the

individual at the time of the violation.

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

1931 PA 328, MCL 750.448, if the victim is a minor.

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

Senate Bill No. 188 (S-4) as amended March 22, 2011

1931 PA 328, MCL 750.455.

(ix) A violation of section 520c, 520e, or 520g(2) of the

Michigan penal code, 1931 PA 328, MCL 750.520c, 750.520e, and

750.520g, committed against an individual 13 years of age or older

but less than 18 years of age. [

]

(x) A violation of section 520c committed against an

individual 18 years of age or older.

(xi) An attempt or conspiracy to commit an offense described in

subparagraphs (i) to (x).

(xii) An offense substantially similar to an offense described

in subparagraphs (i) to (xi) under a law of the United States that is

specifically enumerated in 42 USC 16911, under a law of any state

or any country, or under tribal or military law.

(v) "Tier III offender" means either of the following:

(i) A tier II offender subsequently convicted of a tier I or II

offense.

(ii) An individual convicted of a tier III offense.

(w) "Tier III offense" means 1 or more of the following:

(i) A violation of section 338, 338a, or 338b of the Michigan

penal code, 1931 PA 328, MCL 750.338, 750.338a, and 750.338b,

committed against an individual less than 13 years of age.

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

Senate Bill No. 188 (S-4) as amended March 23, 2011

1931 PA 328, MCL 750.349, committed against a minor.

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

1931 PA 328, MCL 750.350.

(iv) A violation of section 520b, 520d, or 520g(1) of the

Michigan penal code, 1931 PA 328, MCL 750.520b, 750.520d, and

750.520g. This subparagraph does not apply if the court determines

that the victim consented to the conduct constituting the

violation, that the victim was at least 13 years of age but less

than 16 years of age at the time of the offense, and that the

individual is not more than 4 years older than the victim.

(v) A violation of section 520c or 520g(2) of the Michigan

penal code, 1931 PA 328, MCL 750.520c and 750.520g, committed

against an individual less than 13 years of age.

[(vi) A violation of section 520e committed by an individual 17 years of age or older against an individual less than 13 years of age.

(vii)] An attempt or conspiracy to commit an offense described in

subparagraphs (i) to [(vi)].

[(viii)] An offense substantially similar to an offense described

in subparagraphs (i) to [(vii)] under a law of the United States that is

specifically enumerated in 42 USC 16911, under a law of any state

or any country, or under tribal or military law.

(x) "Vehicle" means that term as defined in section 79 of the

Michigan vehicle code, 1949 PA 300, MCL 257.79.

(y) "Vessel" means that term as defined in section 44501 of

the natural resources and environmental protection act, 1994 PA

451, MCL 324.44501.

Sec. 3. (1) Subject to subsection (2), the following

individuals who are domiciled or temporarily reside in this state

~~for 14 or more consecutive days,~~ or who work with or without

compensation or are students in this state ~~for 14 or more~~

~~consecutive days, or who are domiciled, reside, or work with or~~

~~without compensation or are students in this state for 30 or more~~

~~total days in a calendar year~~ are required to be registered under

this act:

(a) An individual who is convicted of a listed offense after

October 1, 1995.

(b) An individual convicted of a listed offense on or before

October 1, 1995 if on October 1, 1995 he or she is on probation or

parole, committed to jail, committed to the jurisdiction of the

department of corrections, or under the jurisdiction of the

juvenile division of the probate court or the department of ~~social~~

human services for that offense or is placed on probation or

parole, committed to jail, committed to the jurisdiction of the

department of corrections, placed under the jurisdiction of the

juvenile division of the probate court or family division of

circuit court, or committed to the department of ~~social services or~~

~~family independence agency~~ human services after October 1, 1995 for

that offense.

offense described in section ~~2(d)(~~~~xiii~~~~) on or before October 1, 1995~~

2(d)(vi) as added by 1994 PA 295 if on October 1, 1995 he or she is

on probation or parole that has been transferred to this state for

that offense or his or her probation or parole is transferred to

this state after October 1, 1995 for that offense.

(d) An individual from another state who is required to

predator under a comparable statute of that state.

(e) An individual who was previously convicted of a listed

offense for which he or she was not required to register under this

act, but who is convicted of any other felony on or after July 1,

2011.

(2) An individual convicted of an offense added on September

1, 1999 to the definition of listed offense is not required to be

registered solely because of that listed offense unless 1 of the

following applies:

(a) The individual is convicted of that listed offense on or

after September 1, 1999.

(b) On September 1, 1999, the individual is on probation or

parole, committed to jail, committed to the jurisdiction of the

department of corrections, under the jurisdiction of the family

division of circuit court, or committed to the ~~family independence~~

~~agency~~ department of human services for that offense or the

individual is placed on probation or parole, committed to jail,

committed to the jurisdiction of the department of corrections,

placed under the jurisdiction of the family division of circuit

court, or committed to the ~~family independence agency~~ department of

human services on or after September 1, 1999 for that offense.

parole for that offense which has been transferred to this state or

the individual's probation or parole for that offense is

transferred to this state after September 1, 1999.

(d) On September 1, 1999, in another state or country the

individual is on probation or parole, committed to jail, committed

Senate Bill No. 188 (S-4) as amended March 22, 2011 (1 of 2)

to the jurisdiction of the department of corrections or a similar

type of state agency, under the jurisdiction of a court that

handles matters similar to those handled by the family division of

circuit court in this state, or committed to an agency with the

same authority as the ~~family independence agency~~ department of

human services for that offense.

(3) A nonresident who is convicted in this state on or after

July 1, 2011 of committing a listed offense who is not otherwise

described in subsection (1) shall nevertheless register under this

act. However, the continued reporting requirements of this act do

not apply to the individual while he or she remains a nonresident

and is not otherwise required to report under this act. The

individual shall have his or her photograph taken under section 5a.

[Sec. 3a. (1) If an individual pleads guilty to or is found guilty of a listed offense or is adjudicated as a juvenile as being responsible for a listed offense but alleges that he or she is not required to register under this act because section 2(u)(v) or (vi) applies or section 2(w)(iv) applies, and the prosecuting attorney disputes that allegation, the court shall conduct a hearing on the matter before sentencing or disposition to determine whether the individual is required to register under this act.

(2) The individual has the burden of proving by a preponderance of the evidence in a hearing under this section that his or her conduct falls within the exceptions described in subsection (1) and that he or she is therefore not required to register under this act.

(3) the rules of evidence, except for those pertaining to privileges and protections set forth in section 520j of the michigan penal code, 1931 PA 328, MCL 750.520j, do not apply to a hearing under this section.

(4) The prosecuting attorney shall give the victim notice of the date, time, and place of the hearing.

(5) The victim of the offense has the following rights in a hearing under this section:

(a) To submit a written statement to the court.

(b) To attend the hearing and to make a written or oral statement to the court.

(d) To attend the hearing but refuse to testify or make a statement at the hearing.

(6) The court's decision excusing or requiring the individual to register is a final order of the court and may be appealed by the prosecuting attorney or the individual as a matter of right.

(7) This section applies to criminal AND JUVENILE cases pending on July 1, 2011 and to criminal AND JUVENILE cases brought on and after that date.]

Sec. 4. (1) Registration of an individual under this act shall

proceed as provided in this section.

(2) For an individual convicted of a listed offense on or

before October 1, 1995 who on or before October 1, 1995 is

sentenced for that offense, has a disposition entered for that

offense, or is assigned to youthful trainee status for that

offense, the following shall register the individual by December

31, 1995:

(a) If the individual is on probation for the listed offense,

the individual's probation ~~officer~~ agent.

(b) If the individual is committed to jail for the listed

offense, the sheriff or his or her designee.

department of corrections for the listed offense, the department of

corrections.

(d) If the individual is on parole for the listed offense, the

individual's parole ~~officer~~ agent.

(e) If the individual is within the jurisdiction of the

juvenile division of the probate court or the department of social

services under an order of disposition for the listed offense, the

juvenile division of the probate court or the department of social

services.

(3) Except as provided in subsection (4), for an individual

convicted of a listed offense on or before October 1, 1995:

(a) If the individual is sentenced for that offense after

October 1, 1995 or assigned to youthful trainee status after

October 1, 1995, the probation ~~officer~~ agent shall register the

individual before sentencing or assignment.

(b) If the individual's probation or parole is transferred to

this state after October 1, 1995, the probation or parole ~~officer~~

agent shall register the individual ~~within 14 days~~ immediately

after the transfer.

juvenile division of the probate court or family division of

circuit court or committed to the department of social services or

family independence agency under an order of disposition entered

after October 1, 1995, the juvenile division of the probate court

or family division of circuit court shall register the individual

before the order of disposition is entered.

(4) For an individual convicted on or before September 1, 1999

of an offense that was added on September 1, 1999 to the definition

of listed offense, the following shall register the individual:

(a) If the individual is on probation or parole on September

1, 1999 for the listed offense, the individual's probation or

parole ~~officer~~ agent not later than September 12, 1999.

(b) If the individual is committed to jail on September 1,

1999 for the listed offense, the sheriff or his or her designee not

later than September 12, 1999.

department of corrections on September 1, 1999 for the listed

offense, the department of corrections not later than November 30,

1999.

(d) If the individual is within the jurisdiction of the family

division of circuit court or committed to the family independence

agency or county juvenile agency on September 1, 1999 under an

order of disposition for the listed offense, the family division of

circuit court, the family independence agency, or the county

juvenile agency not later than November 30, 1999.

(e) If the individual is sentenced or assigned to youthful

trainee status for that offense after September 1, 1999, the

probation ~~officer~~ agent shall register the individual before

sentencing or assignment.

(f) If the individual's probation or parole for the listed

offense is transferred to this state after September 1, 1999, the

probation or parole ~~officer~~ agent shall register the individual

within 14 days after the transfer.

(g) If the individual is placed within the jurisdiction of the

family division of circuit court or committed to the family

independence agency for the listed offense after September 1, 1999,

the family division of circuit court shall register the individual

before the order of disposition is entered.

(5) Subject to section 3, an individual convicted of a listed

offense in this state after October 1, 1995 and an individual who

was previously convicted of a listed offense for which he or she

was not required to register under this act, but who is convicted

of any other felony on or after July 1, 2011, shall register before

sentencing, entry of the order of disposition, or assignment to

youthful trainee status for that listed offense or that other

felony. The probation ~~officer~~ agent or the family division of

circuit court shall give the individual the registration form after

the individual is convicted, explain the duty to register ~~and to~~

~~pay a registration fee, to verify his or her address, and to~~

~~provide notice of address changes,~~ and accept the completed

registration for processing under section 6. The court shall not

impose sentence, enter the order of disposition, or ~~, before~~

~~October 1, 2004,~~ assign the individual to youthful trainee status,

until it determines that the individual's registration was

forwarded to the department as required under section 6.

(6) All of the following shall register with the local law

enforcement agency, sheriff's department, or the department ~~within~~

~~14 days~~ immediately after becoming domiciled or temporarily

residing, working, or being a student in this state: ~~for the~~

~~periods specified in section 3(1):~~

(a) Subject to section 3(1), an individual convicted in

another state or country on or after October 1, 1995 of a listed

Senate Bill No. 188 (S-4) as amended March 22, 2011

offense as defined before September 1, 1999.

(b) Subject to section 3(2), an individual convicted in

another state or country of an offense added on September 1, 1999

to the definition of listed offenses.

another state or country of a listed offense before October 1, 1995

and, subject to section 3(2), an individual convicted in another

state or country of an offense added on September 1, 1999 to the

definition of listed offenses, who is convicted of any other felony

on or after July 1, 2011.

(d) ~~(c)~~ An individual required to be registered as a sex

offender in another state or country regardless of when the

conviction was entered.

[(7) If a prosecution or juvenile proceeding is pending on July 1, 2011, whether the defendant in a criminal case or the minor in a juvenile proceeding is required to register under this act shall be determined on the basis of the law in effect on July 1, 2011.]

Sec. 4a. (1) An individual required to be registered under

this act who is not a resident of this state shall report his or

her status in person to the ~~local law enforcement agency or~~

~~sheriff's department~~ registering authority having jurisdiction over

a campus of an institution of higher education ~~, or to the~~

~~department post nearest to that campus,~~ if ~~any~~ either of the

following ~~occur~~ occurs:

~~(a) Regardless of whether he or she is financially compensated~~

~~or receives any governmental or educational benefit, the individual~~

~~is or becomes a full- or part-time employee, contractual provider,~~

~~or volunteer with that institution of higher education and his or~~

~~her position will require that he or she be present on that campus~~

~~for 14 or more consecutive days or 30 or more total days in a~~

~~calendar year.~~

~~(b) The individual is or becomes an employee of a contractual~~

~~provider described in subdivision (a) and his or her position will~~

~~require that he or she be present on that campus for 14 or more~~

~~consecutive days or 30 or more total days in a calendar year.~~

~~(c) The status described in subdivision (a) or (b) is~~

~~discontinued.~~

~~(d) The individual changes the campus on which he or she is an~~

~~employee, a contractual provider, an employee of a contractual~~

~~provider, or a volunteer as described in subdivision (a) or (b).~~

(a) ~~(e)~~ The individual is or enrolls as a student with that

institution of higher education or the individual discontinues that

enrollment.

(b) ~~(f)~~ As part of his or her course of studies at an

institution of higher education in this state, the individual is

present at any other location in this state, another state, a

territory or possession of the United States, ~~or another country~~

~~for 14 or more consecutive days or 30 or more total days in a~~

~~calendar year,~~ or the individual discontinues his or her studies at

that location.

(2) An individual required to be registered under this act who

is a resident of this state shall report his or her status in

person to the ~~local law enforcement agency or sheriff's department~~

registering authority having jurisdiction where his or her new

residence or domicile is located ~~or the department post nearest to~~

~~the individual's new residence or domicile,~~ if any of the events

described under subsection (1) occur.

(3) The report required under subsections (1) and (2) shall be

made as follows:

(a) For an individual registered under this act before October

1, 2002 who is required to make his or her first report under

subsections (1) and (2), not later than January 15, 2003.

~~(b) For an individual who is an employee, a contractual~~

~~provider, an employee of a contractual provider, or a volunteer on~~

~~that campus on October 1, 2002, or who is a student on that campus~~

~~on October 1, 2002, who is subsequently required to register under~~

~~this act, on the date he or she is required to register under this~~

~~act.~~

(b) ~~(c) Except as provided under subdivisions (a) and (b),~~

~~within 10 days after the individual becomes an employee, a~~

~~contractual provider, an employee of a contractual provider, or a~~

~~volunteer on that campus, or discontinues that status, or changes~~

~~location, or within 10 days~~ Immediately after he or she enrolls or

discontinues his or her enrollment as a student on that campus

including study in this state or another state, a territory or

possession of the United States, or another country.

(4) The additional registration reports required under this

section shall be made in the time periods described in section

~~5a(4)(a) and (b)~~ 5a(2)(a) to (c) for reports under that section.

(5) The local law enforcement agency, sheriff's department, or

department post to which an individual reports under this section

shall require the individual to pay the registration fee required

under section 5a or section 7(1) and to present written

documentation of employment status, contractual relationship,

volunteer status, or student status. Written documentation under

this subsection may include, but need not be limited to, any of the

following:

(a) A W-2 form, pay stub, or written statement by an employer.

(b) A contract.

(6) This section does not apply to an individual whose

enrollment and participation at an institution of higher education

is solely through the mail or the internet from a remote location.

Sec. 5. (1) An individual required to be registered under this

act who is a resident of this state shall report in person and

notify the ~~local law enforcement agency or sheriff's department~~

registering authority 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~~ immediately

after ~~the~~ any of the following occur:

(a) The individual changes or vacates his or her residence ,

or domicile. ~~, or place of work or education, including any change~~

~~required to be reported under section 4a.~~

(b) The individual changes his or her place of employment, or

employment is discontinued.

higher education, or enrollment is discontinued.

(d) The individual changes his or her name.

(e) The individual intends to temporarily reside at any place

other than his or her residence for more than 7 days.

(f) The individual establishes any electronic mail or instant

message address, or any other designations used in internet

communications or postings.

(g) The individual purchases or begins to regularly operate

any vehicle, and when ownership or operation of the vehicle is

discontinued.

(h) Any change required to be reported under section 4a.

(2) An individual required to be registered under this act who

is not a resident of this state but has his or her place of

employment in this state shall report in person and notify the

registering authority having jurisdiction where his or her place of

employment is located or the department post of the individual's

place of employment immediately after the individual changes his or

her place of employment or employment is discontinued.

(3) ~~(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~~ department of state

police.

(4) If an individual who is incarcerated in a county jail and

is required to be registered under this act is due to be released

from custody, the sheriff's department, before releasing the

individual, shall provide notice of the location of the

individual's proposed place of residence or domicile to the

department of state police.

(5) ~~(3) Within 10 days~~ Immediately 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~~ level

1 correctional facility of any kind, including a correctional camp

or work camp.

(6) ~~(4)~~ An individual required to be registered under this act

who is a resident of this state shall report in person and notify

the ~~department on a form prescribed by the department not later~~

~~than 10 days~~ registering authority having jurisdiction where his or

her residence or domicile is located immediately 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.

(7) An individual required to be registered under this act who

is a resident of this state shall report in person and notify the

registering authority having jurisdiction where his or her

residence or domicile is located not later than 21 days before he

or she changes his or her domicile or residence to another country

Senate Bill No. 188 (S-4) as amended March 22, 2011

or travels to another country [for more than 7 days]. The individual

shall state the new

country of residence or country of travel and the address of his or

her new domicile or residence or place of stay, if known. 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.

(8) ~~(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.

(9) ~~(6)~~ An individual registered under this act shall comply

with the verification procedures and proof of residence procedures

prescribed in sections 4a and 5a.

(10) ~~(7)~~ Except as otherwise provided in ~~subsections (8) and~~

~~(9), an individual~~ this section and section 8c, a tier I offender

shall comply with this section for 25 15 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.~~

(11) ~~(8)~~ Except as otherwise provided in ~~subsection (9), an~~

~~individual~~ this section and section 8c, a tier II offender shall

comply with this section for 25 years. ~~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.~~

(12) Except as otherwise provided in this section and section

Senate Bill No. 188 (S-4) as amended March 22, 2011

8c, a tier III offender shall comply with this section for life.

(13) The registration periods under this section exclude any

period of incarceration for committing a crime and any period of

civil commitment.

(14) For an individual who was previously convicted of a

listed offense for which he or she was not required to register

under this act but who is convicted of any felony on or after July

1, 2011, any period of time that he or she was not incarcerated for

that listed offense or that other felony and was not civilly

committed [counts] toward satisfying the registration period for that

listed offense as described in this section. If those periods equal

or exceed the registration period described in this section, the

individual has satisfied his or her registration period for the

listed offense and is not required to register under this act. If

those periods are less than the registration period described in

this section for that listed offense, the individual shall comply

with this section for the period of time remaining.

Sec. 5a. (1) Not later than ~~December 1, 2004~~ July 1, 2011, the

department shall mail a notice to each individual registered under

this act who is not in a state correctional facility explaining the

individual's duties under ~~this section and~~ this act as amended. ~~and~~

~~the procedure for registration, notification, and verification and~~

~~paying the registration fee prescribed under subsection (7) or~~

~~section 7(1).~~

(2) Upon the release of an individual registered under this

act who is in a state correctional facility, the department of

corrections shall provide written notice to that individual

explaining his or her duties under this section and this act as

amended and the procedure for registration, notification, and

verification and payment of the registration fee prescribed under

subsection ~~(7)~~ (6) or section 7(1). The individual shall sign and

date the notice. The department of corrections shall maintain a

copy of the signed and dated notice in the individual's file. The

department of corrections shall forward the original notice to the

department ~~within 30 days~~ immediately, regardless of whether the

individual signs it.

~~(3) Not later than January 15, 2000, an individual registered~~

~~under this act who is not incarcerated shall report in person to~~

~~the local law enforcement agency or sheriff's department having~~

~~jurisdiction where he or she is domiciled or resides or to the~~

~~department post in or nearest to the county where he or she is~~

~~domiciled or resides. The individual shall present proof of~~

~~domicile or residence and update any information that changed since~~

~~registration, including information that is required to be reported~~

~~under section 4a. An individual registered under this act who is~~

~~incarcerated on January 15, 2000 shall report under this subsection~~

~~not less than 10 days after he or she is released.~~

(3) ~~(4) Except as provided in subsection (5), following~~

~~initial verification under subsection (3), or registration under~~

~~this act after January 15, 2000, an~~ An individual required to be

registered under this act who is not incarcerated shall report in

person to the ~~local law enforcement agency or sheriff's department~~

~~having jurisdiction~~ registering authority where he or she is

domiciled or resides ~~or to the department post in or nearest to the~~

~~county where he or she is domiciled or resides~~ for verification of

domicile or residence as follows:

(a) ~~If the person is registered only for 1 or more listed~~

~~offenses that are misdemeanors,~~ A tier I offender shall report not

earlier than January 1 or later than January 15 of each year after

the initial verification or registration. ~~As used in this~~

~~subdivision, "misdemeanor" means that term as defined in section 1~~

~~of chapter I of the code of criminal procedure, 1927 PA 175, MCL~~

~~761.1.~~

(b) A tier II offender shall report not earlier than the first

day or later than the fifteenth day of each January and July after

the initial verification or registration.

~~offenses that are felonies,~~ A tier III offender shall report not

earlier than the first day or later than the fifteenth day of each

April, July, October, and January ~~following~~ after the initial

verification or registration. ~~As used in this subdivision, "felony"~~

~~means that term as defined in section 1 of chapter I of the code of~~

~~criminal procedure, 1927 PA 175, MCL 761.1.~~

(4) When an individual reports under subsection (3), the

individual shall review all registration information for accuracy.

(5) ~~(6)~~ When an individual reports under subsection (3), or

~~(4),~~ an officer or authorized employee of the ~~local law enforcement~~

~~agency, sheriff's department, or department post~~ registering

authority shall verify the individual's residence or domicile and

any information required to be reported under section 4a. The

officer or authorized employee shall also determine whether the

individual's photograph required under this act matches the

appearance of the individual sufficiently to properly identify him

or her from that photograph. If not, the officer or authorized

employee shall require the individual to immediately obtain a

current photograph under this section. When all of the verification

information has been provided, the officer or authorized employee

shall review that information with the individual and make any

corrections, additions, or deletions the officer or authorized

employee determines are necessary based on the review. The officer

or authorized employee shall sign and date a verification ~~form~~

receipt. The officer or authorized employee shall give a copy of

the signed ~~form~~ receipt showing the date of verification to the

individual. The officer or authorized employee shall forward

verification information to the department ~~by the law enforcement~~

~~information network~~ in the manner the department prescribes. The

department shall revise the ~~databases~~ law enforcement database and

public internet website maintained under section 8 as necessary and

shall indicate verification in the ~~compilation~~ public internet

website maintained under section 8(2).

(6) ~~(7)~~ Except as otherwise provided in section 5b, beginning

October 16, 2004, an individual who reports as prescribed under

subsection (3) ~~or (4)~~ and who has not already paid the fee

prescribed under section 7(1) shall pay a ~~$35.00~~ $50.00

registration fee. An individual shall only be required to pay a fee

once under this subsection.

(7) ~~(8)~~ An individual required to be registered under this act

shall maintain either a valid operator's or chauffeur's license

issued under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to

257.923, or an official state personal identification card issued

under 1972 PA 222, MCL 28.291 to 28.300, with the individual's

current address. The license or card may be used as proof of

domicile or residence under this section. In addition, the officer

or authorized employee may require the individual to produce

another document bearing his or her name and address, including,

but not limited to, voter registration or a utility or other bill.

The department may specify other satisfactory proof of domicile or

residence.

(8) ~~(9) Not earlier than January 1, 2000 or later than January~~

~~15, 2000, an individual registered under this act who is not~~

~~incarcerated shall report in person to a secretary of state office~~

~~and have his or her digitized photograph taken.~~ An individual

registered under this act who is incarcerated ~~on January 15, 2000~~

shall report to the secretary of state under this subsection ~~not~~

~~less than 10 days~~ immediately after he or she is released to have

his or her digitalized photograph taken. The individual is not

required to report under this subsection if he or she had a

digitized photograph taken for an operator's or chauffeur's license

or official state personal identification card before January 1,

2000, or within 2 years before he or she is released unless his or

her appearance has changed from the date of that photograph. ~~The~~

Unless the person is a nonresident, the photograph shall be used on

the individual's operator's or chauffeur's license or official

state personal identification card. The individual shall have a new

photograph taken when he or she renews the license or

identification card as provided by law, or as otherwise provided in

this act. The secretary of state shall make the digitized

photograph available to the department for a registration under

this act.

(9) ~~(10)~~ If an individual does not report under ~~subsection (3)~~

~~or (4)~~ this section or under section 4a, the department shall

notify ~~the local law enforcement agency, sheriff's department, or~~

~~department post. An appearance ticket may be issued for the~~

~~individual's failure to report as provided in sections 9a to 9g of~~

~~chapter IV of the code of criminal procedure, 1927 PA 175, MCL~~

~~764.9a to 764.9g~~ all registering authorities as provided in section

8a and initiate enforcement action as set forth in that section.

(10) ~~(11)~~ The department shall prescribe the form for the

notices and verification procedures required under this section.

(11) Subsection (1) applies beginning on the effective date of

the amendatory act that added this subsection. Subsections (2)

through (10) apply beginning July 1, 2011.

Sec. 5b. (1) Of the money collected by a court, local law

enforcement agency, sheriff's department, or department post from

each registration fee prescribed under this act, ~~$25.00~~ $30.00

shall be forwarded to the department, which shall deposit the money

in the sex offenders registration fund created under subsection

(2), and ~~$10.00~~ $20.00 shall be retained by the court, local law

enforcement agency, sheriff's department, or department post.

(2) The sex offenders registration fund is created as a

separate fund in the department of treasury. The state treasurer

shall credit the money received from the payment of the

Senate Bill No. 188 (S-4) as amended March 22, 2011

registration fee prescribed under this act to the sex offenders

registration fund. Money credited to the fund shall only be used by

the department for training concerning, and the maintenance and

automation of, the ~~databases~~ law enforcement database, ~~compilation~~

public internet website, [~~and~~] information required under section 8, [or]

notification and offender registration duties under section 4a.

Money in the sex offenders registration fund at the close of the

fiscal year shall remain in the fund and shall not lapse to the

general fund.

(3) If an individual required to pay a registration fee under

this act is indigent, the registration fee shall be ~~temporarily~~

waived for a period of 90 days. The burden is on the individual

claiming indigence to prove the fact of indigence to the

satisfaction of the local law enforcement agency, sheriff's

department, or department post where the individual is reporting.

(4) Payment of the registration fee prescribed under this act

shall be made in the form and by means prescribed by the

department. Upon payment of the registration fee prescribed under

this act, the officer or employee shall forward verification of the

payment to the department ~~by the law enforcement information~~

~~network~~ in the manner the department prescribes. The department

shall revise the ~~databases~~ law enforcement database and public

internet website maintained under section 8 as necessary and shall

indicate verification of payment in the ~~compilation~~ law enforcement

database under section ~~8(2)~~ 8(1).

Enacting section 1. Section 5a of the sex offenders

registration act, 1994 PA 295, MCL 28.725a, as amended by this