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SB-0612, As Passed Senate, June 30, 2005

SUBSTITUTE FOR

SENATE BILL NO. 612

A bill to amend 1976 PA 451, entitled

"The revised school code,"

(MCL 380.1 to 380.1852) by adding section 1230d.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1230d. (1) If a person who is employed in any capacity by

a school district, intermediate school district, public school

academy, or nonpublic school; who has applied for a position with a

school district, intermediate school district, public school

academy, or nonpublic school and has had an initial criminal

history check under section 1230 or criminal records check under

section 1230a; or who is regularly and continuously working under

contract in a school district, intermediate school district, public

school academy, or nonpublic school, is charged with a crime listed

in section 1535a(1) or (2) or a violation of a substantially

similar law of another state, a political subdivision of this state

or another state, or of the United States, the person shall report

to the department and to the school district, intermediate school

district, public school academy, or nonpublic school that he or she

has been charged with the crime. All of the following apply to this

reporting requirement:

(a) The person shall make the report on a form prescribed by

the department.

(b) The person shall submit the report to the department and

to the superintendent of the school district or intermediate school

district or chief administrator of the public school academy or

nonpublic school.

after being arraigned for the crime.

(2) If a person who is employed in any capacity by or is

regularly and continuously working under contract in a school

district, intermediate school district, public school academy, or

nonpublic school enters a plea of guilt or no contest to or is the

subject of a finding of guilt by a judge or jury of any crime after

having been initially charged with a crime described in section

1535a(1) or (2) or 1539b(1) or (2), then the person immediately

shall disclose to the court, on a form prescribed by the state

court administrative office, that he or she is employed by or

working under contract in a school district, intermediate school

district, public school academy, or nonpublic school. The person

shall immediately provide a copy of the form to the prosecuting

attorney in charge of the case, to the superintendent of public

instruction, and to the superintendent or chief administrator of

the school district, intermediate school district, public school

academy, or nonpublic school.

(3) A person who violates subsection (1) or (2) is guilty of a

crime, as follows:

(a) If the person violates either subsection (1) or (2) and

the crime involved in the violation is a felony, the person 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 person violates either subsection (1) or (2) and

the crime involved in the violation is a misdemeanor, the person 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.

(4) A person who violates subsection (1) or (2) is subject to

discharge from his or her employment or termination of his or her

contract. If the board of a school district or intermediate school

district or board of directors of a public school academy finds,

after providing notice and the opportunity for a hearing, that a

person employed by the school district, intermediate school

district, or public school academy has violated this section, the

board or board of directors may discharge the person from his or

her employment. However, if a collective bargaining agreement that

applies to the affected person is in effect as of the effective

date of this section, and if that collective bargaining agreement

is not in compliance with this subsection, then this subsection

does not apply to that school district, intermediate school

district, or public school academy until after the expiration of

that collective bargaining agreement.

(5) If a person submits a report that he or she has been

charged with a crime, as required under subsection (1), and the

person is subsequently not convicted of that crime, then the person

may request the department and the school district, intermediate

school district, public school academy, or nonpublic school to

delete the report from its records concerning the person. Upon

receipt of the request from the person and of documentation

verifying that the person was not convicted of the crime after the

completion of judicial proceedings on the charge, the department or

a school district, intermediate school district, public school

academy, or nonpublic school shall delete the report from its

records concerning the person.

(6) If the prosecuting attorney in charge of a case receives a

form as provided under subsection (2), the prosecuting attorney

shall notify the superintendent of public instruction and the

superintendent or chief administrator of any school district,

intermediate school district, public school academy, or nonpublic

school in which the person is employed by forwarding a copy of the

form to each of them not later than 7 days after receiving the

form. If the court receives a form as provided under subsection

(2), the court shall notify the superintendent of public

instruction and the superintendent or chief administrator of any

school district, intermediate school district, public school

academy, or nonpublic school in which the person is employed by

forwarding to each of them a copy of the form and information

regarding the sentence imposed on the person not later than 7 days

after the date of sentencing, even if the court is maintaining the

file as a nonpublic record.

(7) The department of information technology shall work with

the department and the department of state police to develop and

implement an automated program that does a quarterly comparison of

the department's list of registered educational personnel with the

conviction information received by the department of state police,

including convictions contained in a nonpublic record. After

implementation of this program, if the quarterly comparison

discloses that a person on the department's list of registered

educational personnel has been convicted of a crime, the department

of state police shall notify the superintendent or chief

administrator of the school district, intermediate school district,

public school academy, or nonpublic school in which the person is

employed of that conviction.

(8) As used in this section, "listed offense" means that term

as defined in section 2 of the sex offenders registration act, 1994

PA 295, MCL 28.722.

Enacting section 1. This amendatory act takes effect October

15, 2005.

Enacting section 2. This amendatory act does not take effect

unless all of the following bills of the 93rd Legislature are

enacted into law:

(a) Senate Bill No. 601.

(b) Senate Bill No. 609.