February 22, 2011, Introduced by Senators JONES, PAVLOV, PAPPAGEORGE, NOFS and PROOS and referred to the Committee on Judiciary.
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:
(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, unless a
petition was granted under section 8c allowing the individual to
discontinue registration under this act.
(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 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 either
the following applies:
(A) Both of the following:
(I) The individual was 14 years of age or older at the time of
the offense.
(II) The order of disposition is for the commission of an
offense that would classify the individual as a tier III offender.
(B) Both of the following:
(I) The order of disposition is for an offense that would
classify the individual, other than an individual described in sub-
subparagraph (A)(I), as a tier I, tier II, or tier III offender.
(II) The individual is ordered by the court under section 3a
to register under this act.
(iv) Having an order of disposition or other adjudication in a
juvenile
matter in another state or country
. if either of the
following applies:
(A) Both of the following:
(I) The individual is 14 years of age or older at the time of
the offense.
(II) The order of disposition or other adjudication is for the
commission of an offense that would classify the individual as a
tier III offender.
(B) Both of the following:
(I) The order of disposition or other adjudication is for an
offense that would classify the individual, other than an
individual described in sub-subparagraph (A)(I), as a tier I, tier
II, or tier III offender.
(II) The individual is ordered by the court in that other
state or country to register as a sex offender.
(c) (b)
"Department" means the
department of state police.
(d) "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.
(e) "Felony" means that term as defined in section 1 of
chapter I of the code of criminal procedure, 1927 PA 174, MCL
761.1.
(f) "Immediately" means within 3 business days.
(g) "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.
(h) (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.
(i) (d)
"Local law enforcement
agency" means the police
department of a municipality.
(j) (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.
(k) "Minor" means a victim of a listed offense who was less
than 18 years of age at the time the offense was committed.
(l) (f)
"Municipality" means a
city, village, or township of
this state.
(m) "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.
(n) "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.
(o) (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.
(p) (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.
(q) "Tier I offender" means an individual convicted of a tier
I offense who is not a tier II or tier III offender.
(r) "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 520c, 520e, or 520g(2) of the
Michigan penal code, 1931 PA 328, MCL 750.520c, 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.
(s) "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.
(t) "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, based on a violation of section
157c of the Michigan penal code, 1931 PA 328, MCL 750.157c.
(v) 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 17 years of age or older 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 448 of the Michigan penal code,
1931 PA 328, MCL 750.448, if the victim is a minor.
(vii) A violation of section 455 of the Michigan penal code,
1931 PA 328, MCL 750.455.
(viii) 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. 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.
(ix) An attempt or conspiracy to commit an offense described in
subparagraphs (i) to (viii).
(x) An offense substantially similar to an offense described
in subparagraphs (i) to (ix) 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.
(u) "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.
(v) "Tier III offense" means 1 or more of the following:
(i) 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 17 years of age or older at the time of
the violation.
(III) The victim was not under the custodial authority of the
individual at the time of the violation.
(ii) 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.
(iii) A violation of section 349 of the Michigan penal code,
1931 PA 328, MCL 750.349, committed against a minor.
(iv) A violation of section 350 of the Michigan penal code,
1931 PA 328, MCL 750.350.
(v) 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.
(vi) 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.
(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.
(w) "Vehicle" means that term as defined in section 79 of the
Michigan vehicle code, 1949 PA 300, MCL 257.79.
(x) "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.
(c) An individual convicted of an offense described in section
2(d)(xiii) 2(j)(xiv) on or before October 1,
1995 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
register or otherwise be identified as a sex or child offender or
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.
(c) On September 1, 1999, the individual is on probation or
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
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.
Sec. 3a. Notwithstanding anything else to the contrary in this
act, the court may order any individual less than 17 years of age
who is convicted of a tier I, tier II, or tier III offense to
register under this act if the court determines that the individual
may be a continuing threat to the public. In making the
determination, the court shall consider all of the following
factors and place its findings on the record:
(a) The individual's age and level of maturity at the time of
the offense.
(b) The victim's age and level of maturity at the time of the
offense.
(c) The nature of the offense.
(d) The severity of the offense.
(e) The individual's prior juvenile or criminal history.
(f) The individual's likelihood to commit further listed
offenses.
(g) Any impact statement submitted by the victim under the
William Van Regenmorter crime victim's rights act, 1985 PA 87, MCL
780.751 to 780.834, or under this section.
(h) Any other information considered relevant by the court.
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.
(b) If the individual is committed to jail for the listed
offense, the sheriff or his or her designee.
(c) If the individual is under the jurisdiction of the
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.
(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 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
shall
register the individual within 14 3 days after the transfer.
(c) If the individual is placed within 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 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 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.
(c) If the individual is under the jurisdiction of the
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 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 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) 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 other felony on or after July 1,
2011, the following shall register the individual for that listed
offense by October 1, 2011:
(a) If the individual is on probation or parole on July 1,
2011 for that other felony, the individual's probation or parole
officer.
(b) If the individual is committed to jail on July 1, 2011 for
that other felony, the sheriff or his or her designee.
(c) If the individual is under the jurisdiction of the
department of corrections on July 1, 2011 for that other felony,
the department of corrections.
(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 July 1, 2011 under an order of
disposition for that other felony, the family division of circuit
court, the family independence agency, or the county juvenile
agency.
(e) If the individual is sentenced or assigned to youthful
trainee status for that other felony after July 1, 2011, the
probation officer shall register the individual before sentencing
or assignment.
(f) If the individual's probation or parole for that other
felony is transferred to this state after July 1, 2011, the
probation or parole officer shall register the individual within 3
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 that other felony after July 1, 2011, the
family division of circuit court shall register the individual
before the order of disposition is entered.
(6) (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 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.
(7) (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
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.
(c) Subject to section 3(1), an individual convicted in
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.
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
the individual is on
probation or parole supervision, to the individual's probation or
parole
agent, 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 the individual is on
probation or parole supervision, to the individual's probation or
parole agent, 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.
(c) A student identification card or student transcript.
(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 or, if the
individual is on probation or parole supervision, to the
individual's
probation or parole agent 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.
(c) The individual enrolls as a student with an institution of
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.
(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.
(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 or, if the individual is on
probation or parole supervision, to the individual's probation or
parole agent 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 or, if the individual is on
probation or parole supervision, to the individual's probation or
parole agent not later than 21 days before he or she changes his or
her domicile or residence to another country. The individual shall
state the new country 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.
(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
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 count 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 if the person is
on probation or parole supervision, to the individual's probation
or parole agent 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.
(c) (b)
If the person is registered for 1 or more listed
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 (2), 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 the registering
authority, or, if the individual is on probation or parole, the
individual's probation or parole agent, shall verify the
individual's residence or domicile and any information required to
be reported under section 4a. The officer or authorized authority
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 authority 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 authority shall review that
information with the individual and make any corrections,
additions, or deletions the officer or authorized authority
determines are necessary based on the review. The officer or
authorized
employee shall sign and date a verification form
receipt. The officer shall give a copy of the signed form
receipt
showing the date of verification to the individual. The officer or
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 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
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. 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.
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 shall be
forwarded to the department, which shall deposit the money in the
sex offenders registration fund created under subsection (2), and
$10.00 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
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,
notification and offender registration duties under section 4a, and
community education. 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. This amendatory act takes effect July 1,
2011.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No. 189
of the 96th Legislature is enacted into law.