HB-4598, As Passed House, May 26, 2005

SUBSTITUTE FOR

HOUSE BILL NO. 4598

     A bill to amend 1994 PA 295, entitled

"Sex offenders registration act,"

by amending section 2 (MCL 28.722), as amended by 2004 PA 240.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 2. As used in this act:

     (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.

     (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 October 1, 2004 if the

individual's status of youthful trainee is revoked and an

adjudication of guilt is entered.

     (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.

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

juvenile matter in another state or country.

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

     (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.

     (d) "Local law enforcement agency" means the police department

of a municipality.

     (e) "Listed offense" means any of the following:

     (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 second or subsequent violation of section 335a(2)(b) of

the Michigan penal code, 1931 PA 328, MCL 750.335a.

     (iv)  (iii) 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  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)  (iv) 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)  (v) 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)  (vi) A violation of section 350 of the Michigan penal

code, 1931 PA 328, MCL 750.350.

(viii)  (vii) 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)  (viii) A violation of section 455 of the Michigan penal

code, 1931 PA 328, MCL 750.455.

(x)  (ix) 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)  (x) 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)  (xi) 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)  (xii) An attempt or conspiracy to commit an offense

described in subparagraphs (i) to  (xi)  (xii).

(xiv)  (xiii) An offense substantially similar to an offense

described in subparagraphs (i) to  (xii)  (xiii) under a law of the

United States, any state, or any country or under tribal or

military law.

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

state.

     (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. This section shall

not be construed to affect existing judicial interpretation of the

term residence.

     (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.

     Enacting section 1. This amendatory act takes effect September

1, 2005.

     Enacting section 2. This amendatory act does not take effect

unless House Bill No. 4597 of the 93rd Legislature is enacted into

law.