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SB-0130, As Passed House, June 29, 2005

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 130

A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

(MCL 750.1 to 750.568) by adding sections 411u and 411v.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 411u. (1) An individual who is required to be registered

under the sex offenders registration act, 1994 PA 295, MCL 28.721

to 28.732, shall not accept or maintain employment with or serve as

a volunteer with any of the following:

(a) A child care center.

(b) A school.

(d) A youth league or youth organization.

(2) Subsection (1) does not apply if the position of

employment or the volunteer position does not take place at a

location where, or at a time when, children are present.

(3) An individual who violates this section is guilty of a

crime as follows:

(a) Except as provided in subdivision (b), the individual 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.

(b) If the individual gives a false name or otherwise

misrepresents his or her identity on an application for employment

or for a volunteer position with an entity listed in subsection

(1) or falsely states on the application that he or she is not

required to be registered under the sex offenders registration act,

1994 PA 295, MCL 28.721 to 28.732, the individual is guilty of a

felony punishable by imprisonment for not more than 4 years or a

fine of not more than $4,000.00, or both.

(4) As used in this section:

(a) "Child care center" means that term as defined in section

1 of 1973 PA 116, MCL 722.111.

(b) "Children" means individuals less than 18 years of age.

for public use by children.

(d) "Playground equipment" means a device or structure that is

designed for the recreational use of children. Playground equipment

includes, but is not limited to, a slide, swing, jungle gym, monkey

bars, teeter-totter, or merry-go-round.

(e) "School" means a public or private institution imparting

instruction to children in any grade K through 12. School does not

include a home school attended solely by children of the individual

required to be registered under the sex offenders registration act,

1994 PA 295, MCL 28.721 to 28.732.

(f) "Volunteer" means an individual who works without

remuneration for an entity described in subsection (1) if any of

the following apply:

(i) The individual works or is to work for that entity 20 or

more hours within a calendar year.

(ii) The individual has or is to have unsupervised contact with

children.

(iii) The individual serves or is to serve as a chaperone for

children on any overnight activity.

(g) "Youth league or youth organization" means a public or

private entity that provides recreational, religious, or

educational services to children.

Sec. 411v. (1) A youth league or youth organization shall not

knowingly do either of the following:

(a) Employ an individual who is registered under the sex

offenders registration act, 1994 PA 295, MCL 28.721 to 28.732, if

the position of employment takes place at a location where, and at

a time when, children are present.

(b) Allow an individual who is registered under the sex

offenders registration act, 1994 PA 295, MCL 28.721 to 28.732, to

work as a volunteer for that youth league or youth organization if

the volunteer position takes place at a location where, and at a

time when, children are present.

(2) Before a youth league or youth organization hires or

accepts an individual as a volunteer for any position in which the

individual will be present at a location where and a time when

children are present, and annually thereafter, the youth league or

youth organization shall check the sex offender registry of this

state to determine whether the individual is registered as a sex

offender.

(3) If a youth league or youth organization violates

subsection (1) or (2), the youth league or youth organization is

guilty of a misdemeanor punishable by a fine of not more than

$500.00.

(4) As used in this section:

(a) "Children" means individuals less than 18 years of age.

(b) "Volunteer" means an individual who works without

remuneration for an entity described in subsection (1) if either of

the following applies: