SEX OFFENDER: FAILURE TO REGISTER S.B. 606 & 607: COMMITTEE SUMMARY






Senate Bills 606 and 607 (as introduced 6-16-05)
Sponsor: Senator Michael D. Bishop (S.B. 606) Senator Bruce Patterson (S.B. 607)
Committee: Judiciary


Date Completed: 6-20-05

CONTENT Senate Bill 607 would amend the Sex Offenders Registration Act (SORA) to prescribe penalties for a second, third, or subsequent offense of failure to comply with the Act's requirements for continued reporting. Senate Bill 606 would amend the Code of Criminal Procedure to include in the sentencing guidelines a felony offense of failure to update sex offender registration information.
Senate Bill 606 is tie-barred to Senate Bill 607.

Senate Bill 607


Under SORA, registrants are required to report in person to a law enforcement agency, either annually or quarterly depending on their offense, for verification of domicile or residence. Failure to comply with those requirements is a misdemeanor punishable by up to 93 days' imprisonment and/or a maximum fine of $1,000. Under the bill, a violation would be punishable as shown in the table below.


Prior SORA Convictions Level Maximum Penalty
None Misdemeanor 93 days' and/or $1,000
One Misdemeanor 1 year and/or $2,000
Two or More Felony 4 years and/or $2,500



In addition, a person required to be registered under SORA must notify law enforcement officials within 10 days after the person changes his or her residence, domicile, or place of work or education. Under the bill, that provision would apply to changing or vacating a residence, domicile, or place of work or education.

Senate Bill 606


Under the bill, a second offense for failure to update sex offender registration information would be a Class F felony against the public order, with a statutory maximum sentence of four years' imprisonment. (Under Senate Bill 607, however, that penalty would apply to an individual with two or more prior convictions.)


MCL 777.11b (S.B. 606) Legislative Analyst: Patrick Affholter 28.725 & 28.729 (S.B. 607)


FISCAL IMPACT

The bills would have an indeterminate fiscal impact on State and local government. There are no data to indicate how many offenders would receive increased penalties for subsequent convictions. Local units would incur the costs misdemeanor probation and incarceration in a local facility, which vary by county. The State would incur the costs of felony probation at an average annual cost of $2,000, as well as the costs of incarceration in a State facility at an average annual cost of $28,000.

Fiscal Analyst: Bethany Wicksall

Analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent. sb606&607/0506