SB-0607, As Passed Senate, June 30, 2005

SUBSTITUTE FOR

SENATE BILL NO. 607

     A bill to amend 1994 PA 295, entitled

"Sex offenders registration act,"

by amending sections 5 and 9 (MCL 28.725 and 28.729), section 5 as

amended by 2004 PA 240 and section 9 as amended by 2004 PA 237.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 5. (1) Within 10 days after any of the following occur,

an individual required to be registered under this act shall notify

the local law enforcement agency or sheriff's department having

jurisdiction where his or her new residence or domicile is located

or the department post of the individual's new residence or

domicile:

     (a) The individual changes or vacates his or her residence,

domicile, or place of work or education, including any change

required to be reported under section 4a.

     (b) The individual is paroled.

     (c) Final release of the individual from the jurisdiction of

the department of corrections.

     (2) Within 10 days after either of the following occurs, the

department of corrections shall notify the local law enforcement

agency or sheriff's department having jurisdiction over the area to

which the individual is transferred or the department post of the

transferred residence or domicile of an individual required to be

registered under this act:

     (a) The individual is transferred to a community residential

program.

     (b) The individual is transferred into a minimum custody

correctional facility of any kind, including a correctional camp or

work camp.

     (3) An individual required to be registered under this act

shall notify the department on a form prescribed by the department

not later than 10 days before he or she changes his or her domicile

or residence to another state. The individual shall indicate the

new state and, if known, the new address. The department shall

update the registration and compilation databases and promptly

notify the appropriate law enforcement agency and any applicable

sex or child offender registration authority in the new state.

     (4) If the probation or parole of an individual required to be

registered under this act is transferred to another state or an

individual required to be registered under this act is transferred

from a state correctional facility to any correctional facility or

probation or parole in another state, the department of corrections

shall promptly notify the department and the appropriate law

enforcement agency and any applicable sex or child offender

registration authority in the new state. The department shall

update the registration and compilation databases.

     (5) An individual registered under this act shall comply with

the verification procedures and proof of residence procedures

prescribed in sections 4a and 5a.

     (6) Except as provided in subsections (7) and (8), an

individual shall comply with this section for 25 years after the

date of initially registering or, if the individual is in a state

correctional facility, for 10 years after release from the state

correctional facility, whichever is longer.

     (7) Except as provided in subsection (8), an individual shall

comply with this section for life if the individual is convicted of

any of the following or a substantially similar offense under a law

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

military law:

     (a) A violation of section 520b of the Michigan penal code,

1931 PA 328, MCL 750.520b.

     (b) A violation of section 520c(1)(a) of the Michigan penal

code, 1931 PA 328, MCL 750.520c.

     (c) A violation of section 349 of the Michigan penal code,

1931 PA 328, MCL 750.349, if the victim is less than 18 years of

age.

     (d) A violation of section 350 of the Michigan penal code,

1931 PA 328, MCL 750.350.

     (e) A violation of section 145c(2) or (3) of the Michigan

penal code, 1931 PA 328, MCL 750.145c.

     (f) An attempt or conspiracy to commit an offense described in

subdivisions (a) to (e).

     (g) Except as provided in this subdivision, a second or

subsequent listed offense after October 1, 1995 regardless of when

any earlier listed offense was committed. An individual is not

required to comply with this section for life if his or her first

or second listed offense is for a conviction on or before September

1, 1999 for an offense that was added on September 1, 1999 to the

definition of listed offense, unless he or she is convicted of a

subsequent listed offense after September 1, 1999.

     (8) An individual who is ordered to register as provided in

section 8d shall register subject to that section.

     Sec. 9. (1) Except as provided in subsections (2), (3), and

(4), an individual required to be registered under this act who

willfully violates this act is guilty of a felony punishable as

follows:

     (a) If the individual has no prior convictions for a violation

of this act, other than a failure to comply with section 5a, by

imprisonment for not more than 4 years or a fine of not more than

$2,000.00, or both.

     (b) If the individual has 1 prior conviction for a violation

of this act, other than a failure to comply with section 5a, by

imprisonment for not more than 7 years or a fine of not more than

$5,000.00, or both.

     (c) If the individual has 2 or more prior convictions for

violations of this act, other than a failure to comply with section

5a, by imprisonment for not more than 10 years or a fine of not

more than $10,000.00, or both.

     (2) An individual who fails to comply with section 5a, other

than payment of the fee required under section  5a(6)  5a(7) is

guilty of a crime punishable as follows:

     (a) If the individual has no prior convictions for a violation

of this act, the individual is guilty of a misdemeanor punishable

by imprisonment for not more than 93 days or a fine of not more

than $1,000.00, or both.

     (b) If the individual has 1 prior conviction for a violation

of this act, the individual is guilty of a misdemeanor punishable

by imprisonment for not more than 1 year or a fine of not more than

$2,000.00, or both.

     (c) If the individual has 2 or more prior convictions for a

violation of this act, the individual is guilty of a felony

punishable by imprisonment for not more than 4 years or a fine of

not more than $2,500.00, or both.

     (3) An individual who willfully fails to sign a registration,

notice, or verification as provided in section 7(4) is guilty of a

misdemeanor punishable by imprisonment for not more than 93 days or

a fine of not more than $1,000.00, or both.

     (4) An individual who willfully refuses or fails to pay the

registration fee prescribed in section  5a(6)  5a(7) or section

7(1) within 90 days of the date the individual reports under

section 4a or 5a is guilty of a misdemeanor punishable by

imprisonment for not more than 90 days.

     (5) The court shall revoke the probation of an individual

placed on probation who willfully violates this act.

     (6) The court shall revoke the youthful trainee status of an

individual assigned to youthful trainee status who willfully

violates this act.

     (7) The parole board shall rescind the parole of an individual

released on parole who willfully violates this act.

     (8) An individual's failure to register as required by this

act or a violation of section 5(1), (3), or (4) may be prosecuted

in the judicial district of any of the following:

     (a) The individual's last registered address or residence.

     (b) The individual's actual address or residence.

     (c) Where the individual was arrested for the violation.

     Enacting section 1. This amendatory act takes effect October

15, 2005.