HOUSE BILL No. 4499 March 13, 1997, Introduced by Reps. Profit, Wallace, Baird, Schroer, Martinez, Gubow, Freeman, Brater, Vaughn, Richner, Raczkowski, Birkholz, Rhead, Cropsey, Dalman, Curtis, Kilpatrick and Llewellyn and referred to the Committee on Judiciary. A bill to amend 1994 PA 295, entitled "Sex offenders registration act," (MCL 28.721 to 28.732) by adding section 8a. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 SEC. 8A. (1) IF AN INDIVIDUAL IS REQUIRED TO BE REGISTERED 2 UNDER THIS ACT FOR VIOLATING SECTION 520B(1)(B)(i) OR (ii) OR 3 (H)(i), 520C(1)(B)(i) OR (ii) OR (H)(i), 520D(1)(D), OR 4 520E(1)(G) OF THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.520B, 5 750.520C, 750.520D, AND 750.520E, THE VICTIM OF THAT VIOLATION OR 6 A MEMBER OF THE VICTIM'S FAMILY, OTHER THAN THE CONVICTED INDI- 7 VIDUAL, MAY PETITION THE CIRCUIT COURT FOR AN ORDER PROHIBITING 8 THE DISCLOSURE OF THAT REGISTRATION TO THE PUBLIC UNDER SECTION 8 9 OR DISCONTINUING THAT DISCLOSURE. THE PETITION SHALL BE ON A 10 FORM PRESCRIBED BY THE STATE COURT ADMINISTRATIVE OFFICE. 02284'97 TVD 2 1 (2) IN DETERMINING WHETHER TO GRANT AN ORDER UNDER 2 SUBSECTION (1), THE COURT SHALL CONSIDER ALL OF THE FOLLOWING: 3 (A) THE LIKELIHOOD THAT DISCLOSURE WILL IDENTIFY THE VICTIM 4 OR A MEMBER OF THE VICTIM'S FAMILY. 5 (B) THE EFFECTS THAT PUBLIC DISCLOSURE MAY HAVE ON THE 6 VICTIM OR ANY OTHER MEMBER OF THE VICTIM'S FAMILY. 7 (C) ANY RECOMMENDATIONS MADE BY THE CONVICTED INDIVIDUAL'S 8 PROBATION OFFICER OR PAROLE OFFICER. 9 (D) ANY RECOMMENDATIONS MADE BY A MENTAL HEALTH PRACTITIONER 10 APPOINTED BY THE COURT OR RETAINED BY THE VICTIM OR HIS OR HER 11 FAMILY. 12 (3) THE COURT SHALL GRANT AN ORDER UNDER SUBSECTION (1) IF 13 THE COURT DETERMINES THAT THE ADVANTAGES OF PUBLIC DISCLOSURE 14 WOULD BE OUTWEIGHED BY DAMAGE TO THE VICTIM OR TO A MEMBER OF THE 15 VICTIM'S FAMILY OTHER THAN THE CONVICTED INDIVIDUAL. 16 (4) IF THE COURT GRANTS AN ORDER UNDER THIS SECTION, THE 17 COURT SHALL PROMPTLY PROVIDE THE DEPARTMENT WITH A COPY OF THE 18 ORDER. 19 (5) IF THE DEPARTMENT UNDER SUBSECTION (4) RECEIVES A COPY 20 OF AN ORDER ISSUED BY THE COURT, THE DEPARTMENT SHALL NOT COMPILE 21 THE CONVICTED INDIVIDUAL'S REGISTRATION UNDER SECTION 8(2) OR, IF 22 THE REGISTRATION HAS ALREADY BEEN COMPILED, SHALL PROMPTLY REMOVE 23 THE INDIVIDUAL'S REGISTRATION FROM THE COMPILATION. A PERSON 24 SHALL NOT DISCLOSE TO THE PUBLIC ANY INFORMATION THAT IS ORDERED 25 NOT TO BE COMPILED OR THAT IS ORDERED TO BE REMOVED FROM COMPILA- 26 TION UNDER THIS SECTION. 02284'97 3 1 (6) THE COURT MAY REQUIRE PERIODIC REVIEW OF AN ORDER ISSUED 2 UNDER THIS SECTION AS IS CONSIDERED APPROPRIATE BY THE COURT. 02284'97 Final page. TVD