June 16, 2005, Introduced by Senators PATTERSON, CASSIS, ALLEN, SANBORN, STAMAS, BIRKHOLZ, BISHOP, TOY, VAN WOERKOM, JELINEK and BROWN and referred to the Committee on Judiciary.
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.