HB-5397, As Passed Senate, December 13, 2005
SENATE SUBSTITURE FOR
HOUSE BILL NO. 5397
A bill to amend 1994 PA 295, entitled
"Sex offenders registration act,"
by amending sections 5a, 34, and 35 (MCL 28.725a, 28.734, and
28.735), section 5a as amended by 2004 PA 240, section 34 as added
by 2005 PA 127, and section 35 as added by 2005 PA 121.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5a. (1) Not later than December 1, 2004, 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) 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, 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.
(4) Except as provided in subsection (5), following initial
verification under subsection (3), or registration under this act
after January 15, 2000, 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 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 for verification of domicile or residence as
follows:
(a)
If the person is registered only for 1 or more
misdemeanor
listed offenses that are misdemeanors, 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" listed offense" means a listed offense that is any
of
the following: that term as
defined in section 1 of chapter I
of the code of criminal procedure, 1927 PA 175, MCL 761.1.
(i) A violation of section 145a of the Michigan penal code,
1931
PA 328, MCL 750.145a, committed before June 1, 2002.
(ii) A violation of section 145c(4), 167(1)(f), or 448
of the
Michigan penal code, 1931 PA 328, MCL 750.145c, 750.167, and
750.448.
(iii) A violation of section 335a of the Michigan penal code,
1931
PA 328, MCL 750.335a, other than a violation 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.
(iv) A violation of a local ordinance of a municipality
substantially
corresponding to a section described in subparagraph
(i), (ii), or
(iii).
(v) A 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 if the
violation
is not specifically designated a felony and is punishable
by
imprisonment for 1 year or less.
(vi) An attempt or conspiracy to commit an offense
described in
subparagraphs
(i) to (v).
(vii) An offense substantially similar to an offense
described
in
subparagraphs (i) to (vi) under a law of the United States, any
state,
or any country or under tribal or military law.
(b)
If the person is registered for 1 or more felony listed
offenses that are felonies, not earlier than the first day or later
than the fifteenth day of each April, July, October, and January
following initial verification or registration. As used in this
subdivision,
"felony" listed offense" means
a listed offense
that
is any of the following: that
term as defined in section 1 of
chapter I of the code of criminal procedure, 1927 PA 175, MCL
761.1.
(i) A violation of section 145a of the Michigan penal code,
1931
PA 328, MCL 750.145a, committed on or after June 1, 2002.
(ii) A violation of section 145b, 145c(2) or (3), 349,
350,
455,
520b, 520c, 520d, 520e, or 520g of the Michigan penal code,
1931
PA 328, MCL 750.145b, 750.145c, 750.349, 750.350, 750.455,
750.520b,
750.520c, 750.520d, 750.520e, and 750.520g.
(iii) A violation of section 335a of the Michigan penal code,
1931
PA 328, MCL 750.335a, 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.
(iv) A violation of a law of this state that by its
nature
constitutes
a sexual offense against an individual who is less than
18
years of age if the violation is specifically designated a
felony
or is punishable by imprisonment for more than 1 year.
(v) An attempt or conspiracy to commit an offense
described in
subparagraphs
(i) to (iv).
(vi) An offense substantially similar to an offense
described
in
subparagraphs (i) to (v) under a law of the United States, any
state,
or any country or under tribal or military law.
(5) The continued reporting requirements of this section
following initial registration do not apply to an individual
convicted as a juvenile of committing an offense described in
section 8c(15)(a) or (b) committed by the individual when he or she
was less than 17 years of age, except that the individual shall
report a change in his or her residence within this state or to
another state as provided in this section within 10 days after the
change of residence is made. If the individual fails to file a
petition under section 8c before he or she becomes 18 years of age,
or if his or her petition is denied by the court, the individual
shall report as otherwise required under this section.
(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 shall verify the
individual's residence or domicile and any information required to
be reported under section 4a. The officer or authorized employee
shall sign and date a verification form. The officer shall give a
copy of the signed form 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 maintained under section 8 as necessary
and shall indicate verification in the compilation under section
8(2).
(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.
(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.
(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 under this subsection not less than 10 days after he
or she is released. 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. 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.
(10) If an individual does not report under subsection (3) or
(4) or 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.
(11) The department shall prescribe the form for the notices
and verification procedures required under this section.
Sec. 34. (1) Except as provided in this section and section
36, an individual required to be registered under article II shall
not do 1 or more of the following:
(a) Work within a student safety zone.
(b) Loiter within a student safety zone.
(2) An individual who violates this section is guilty of a
crime as follows:
House Bill No. 5397 as amended December 13, 2005
(a) For the first violation, the individual is guilty of a
misdemeanor punishable by imprisonment for not more than 1 year or
a fine of not more than $1,000.00, or both.
(b) For
the second or subsequent violation, the An
individual who violates this section and has 1 or more prior
convictions under this section is guilty of a felony punishable by
imprisonment for not more than 2 years or a fine of not more than
$2,000.00, or both.
(3) Subsection (1)(a) does not apply to any of the following:
(a)
An individual who was working within a student safety zone
at
the time the amendatory act that added this section was enacted
into
law on January 1, 2006. However, this exception does not
apply to an individual who initiates or maintains contact with a
minor within that student safety zone.
(b) An individual whose place of employment is within a
student safety zone solely because a school is relocated or is
initially established 1,000 feet or less from the individual's
place of employment. However, this exception does not apply to an
individual who initiates or maintains contact with a minor within
that student safety zone.
(c) An individual who only intermittently or sporadically
enters a student safety zone for the purpose of work. However, this
exception does not apply to an individual who initiates or
maintains contact with a minor within a student safety zone <<other than
an attorney who initiates or maintains contact with a minor who is his or her client solely within the context of an attorney-client Relationship>>.
(4) This section does not prohibit an individual from being
charged with, convicted of, or punished for any other violation of
law that is committed by that individual while violating this
section.
(5) Nothing in this section shall be construed to prohibit an
individual from exercising his or her right to vote.
Sec. 35. (1) Except as otherwise provided in this section and
section 36, an individual required to be registered under article
II shall not reside within a student safety zone.
(2) An individual who violates subsection (1) is guilty of a
crime as follows:
(a) For the first violation, the individual is guilty of a
misdemeanor punishable by imprisonment for not more than 1 year or
a fine of not more than $1,000.00, or both.
(b) For
the second or subsequent violation, the An
individual who violates this section and has 1 or more prior
convictions under this section is guilty of a felony punishable by
imprisonment for not more than 2 years or a fine of not more than
$2,000.00, or both.
(3) This section does not apply to any of the following:
(a) An individual who is not more than 19 years of age and
attends secondary school or postsecondary school, and resides with
his or her parent or guardian. However, this exception does not
apply to an individual who initiates or maintains contact with a
minor within that student safety zone. However, the individual may
initiate or maintain contact with a minor with whom he or she
attends secondary school or postsecondary school in conjunction
with that school attendance.
(b) The An
individual who is
not more than 26 years of age
and attends a special education program, and resides with his or
her parent or guardian or resides in a group home or assisted
living facility. However, an individual described in this
subdivision shall not initiate or maintain contact with a minor
within that student safety zone. The individual shall be permitted
to initiate or maintain contact with a minor with whom he or she
attends a special education program in conjunction with that
attendance.
(c) An individual who was residing within that student safety
zone at
the time the amendatory act that added this section was
enacted
into law on January 1, 2006. However, this exception does
not apply to an individual who initiates or maintains contact with
a minor within that student safety zone.
(d) An individual who is a patient in a hospital or hospice
that is located within a student safety zone. However, this
exception does not apply to an individual who initiates or
maintains contact with a minor within that student safety zone.
(e) An individual who resides within a student safety zone
because the individual is an inmate or resident of a prison, jail,
juvenile facility, or other correctional facility or is a patient
of a mental health facility under an order of commitment. However,
this exception does not apply to an individual who initiates or
maintains contact with a minor within that student safety zone.
(4) An individual who resides within a student safety zone and
who is subsequently required to register under article II shall
change his or her residence to a location outside the student
safety zone not more than 90 days after he or she is sentenced for
the conviction that gives rise to the obligation to register under
article II. However, this exception does not apply to an individual
who initiates or maintains contact with a minor within that student
safety zone during the 90-day period described in this subsection.
(5) This section does not prohibit an individual from being
charged with, convicted of, or punished for any other violation of
law that is committed by that individual while violating this
section.
Enacting section 1. This amendatory act takes effect January
1, 2006.