HOUSE BILL No. 5324 October 23, 2001, Introduced by Reps. Sanborn, Patterson, Kowall, Howell, Raczkowski, Ehardt, Basham, Jelinek, Pumford, Mortimer, Stewart, Switalski, Birkholz, Toy, Richardville, Tabor, Vander Veen, DeVuyst, Stamas, Jansen and O'Neil and referred to the Committee on Criminal Justice. A bill to amend 1994 PA 295, entitled "Sex offenders registration act," by amending sections 4 and 6 (MCL 28.724 and 28.726), section 4 as amended by 1999 PA 85 and section 6 as amended by 1996 PA 494. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 4. (1) Registration of an individual under this act 2 shall proceed as provided in this section. 3 (2) For an individual convicted of a listed offense on or 4 before October 1, 1995 who on or before October 1, 1995isWAS 5 sentenced for that offense,hasHAD a disposition entered for 6 that offense, orisWAS assigned to youthful trainee status for 7 that offense, the following shallregisterHAVE REGISTERED the 8 individual by December 31, 1995: 04888'01 a * TJS 2 1 (a) If the individualisWAS on probation for the listed 2 offense, the individual's probation officer. 3 (b) If the individualisWAS committed to jail for the 4 listed offense, the sheriff or his or her designee. 5 (c) If the individualisWAS under the jurisdiction of the 6 department of corrections for the listed offense, the department 7 of corrections. 8 (d) If the individualisWAS on parole for the listed 9 offense, the individual's parole officer. 10 (e) If the individualisWAS within the jurisdiction of 11 the juvenile division of the probate court or the department of 12 social services under an order of disposition for the listed 13 offense, the juvenile division of the probate court or the 14 department of social services. 15 (3) Except as provided in subsection (4), for an individual 16 convicted of a listed offense on or before October 1, 1995: 17 (a) If the individual is sentenced for that offense after 18 October 1, 1995 or assigned to youthful trainee status after 19 October 1, 1995, the probation officer shall register the indi- 20 vidual before sentencing or assignment. 21 (b) If the individual's probation or parole is transferred 22 to this state after October 1, 1995, the probation or parole 23 officer shall register the individual within 14 days after the 24 transfer. 25 (c) If the individual is placed within the jurisdiction of 26 the juvenile division of the probate court or family division of 27 circuit court or committed to the department of social services 04888'01 a * 3 1 or family independence agency under an order of disposition 2 entered after October 1, 1995, the juvenile division of the pro- 3 bate court or family division of circuit court shall register the 4 individual before the order of disposition is entered. 5 (4) For an individual convicted on or before September 1, 6 1999 of an offense that was added on September 1, 1999 to the 7 definition of listed offense, the following shall register the 8 individual: 9 (a) If the individual is on probation or parole on September 10 1, 1999 for the listed offense, the individual's probation or 11 parole officer not later than September 12, 1999. 12 (b) If the individual is committed to jail on September 1, 13 1999 for the listed offense, the sheriff or his or her designee 14 not later than September 12, 1999. 15 (c) If the individual is under the jurisdiction of the 16 department of corrections on September 1, 1999 for the listed 17 offense, the department of corrections not later than November 18 30, 1999. 19 (d) If the individual is within the jurisdiction of the 20 family division of circuit court or committed to the family inde- 21 pendence agency or county juvenile agency on September 1, 1999 22 under an order of disposition for the listed offense, the family 23 division of circuit court, the family independence agency, or the 24 county juvenile agency not later than November 30, 1999. 25 (e) If the individual is sentenced or assigned to youthful 26 trainee status for that offense after September 1, 1999, the 04888'01 a * 4 1 probation officer shall register the individual before sentencing 2 or assignment. 3 (f) If the individual's probation or parole for the listed 4 offense is transferred to this state after September 1, 1999, the 5 probation or parole officer shall register the individual within 6 14 days after the transfer. 7 (g) If the individual is placed within the jurisdiction of 8 the family division of circuit court or committed to the family 9 independence agency for the listed offense after September 1, 10 1999, the family division of circuit court shall register the 11 individual before the order of disposition is entered. 12 (5) Subject to section3(1) and (2)3, an individual con- 13 victed of a listed offense in this state after October 1, 1995 14 shall register before sentencing, entry of the order of disposi- 15 tion, or assignment to youthful trainee status. The probation 16 officer or the family division of circuit court shall give the 17 individual the registration form after the individual is con- 18 victed, explain the duty to register, INFORM THE INDIVIDUAL OF 19 THE REQUIREMENT THAT REGISTRATION UNDER THIS ACT FOR CONVICTION 20 OF 1 OR MORE OF THE LISTED OFFENSES CONTAINED IN SECTION 2(D)(i), 21 (ix) IF THE VICTIM WAS LESS THAN 16 YEARS OF AGE, (x), OR (xi) 22 WILL BE PLACED ON THE INDIVIDUAL'S DRIVER LICENSE AS PRESCRIBED 23 UNDER SECTION 310 OF THE MICHIGAN VEHICLE CODE, 1949 PA 300, 24 MCL 257.310, verify his or her address, and provide notice of 25 address changes, and accept the completed registration for pro- 26 cessing under section 6. The court shall not impose sentence, 27 enter the order of disposition, or assign the individual to 04888'01 a * 5 1 youthful trainee status until it determines that the individual's 2 registration was forwarded to the department as required under 3 section 6. 4 (6) All of the following shall register with the local law 5 enforcement agency, sheriff's department, or the department 6 within 14 days after becoming domiciled or temporarily residing, 7 working, or being a student in this state for the periods speci- 8 fied in section 3(1): 9 (a) Subject to section 3(1), an individual convicted in 10 another state or country after October 1, 1995 of a listed 11 offense as defined before September 1, 1999. 12 (b) Subject to section 3(2), an individual convicted in 13 another state or country of an offense added on September 1, 1999 14 to the definition of listed offenses. 15 (c) An individual required to be registered as a sex 16 offender in another state or country regardless of when the con- 17 viction was entered. 18 Sec. 6. (1) The officer, court, or agency registering an 19 individual or receiving or accepting a registration under section 20 4 or receiving notice under section 5(1) shall provide the indi- 21 vidual with a copy of the registration or notification at the 22 time of registration or notice. 23 (2) The officer, court, or agency registering an individual 24 or receiving or accepting a registration under section 4 or noti- 25 fied of an address change under section 5(1) shall forward the 26 registration or notification to the department by the law 04888'01 a * 6 1 enforcement information network AND THE SECRETARY OF STATE within 2 3 business days after registration or notification. 3 Enacting section 1. This amendatory act does not take 4 effect unless Senate Bill No. _______ or House Bill No. 5325 5 (request no. 04888'01 *) of the 91st Legislature is enacted into 6 law. 04888'01 a * Final page. TJS