August 29, 2007, Introduced by Reps. Meltzer, Calley, Stahl, Rocca, Knollenberg, Garfield, Nitz, Steil, Wenke, Elsenheimer, Huizenga, Emmons, Hune, Virgil Smith, Gaffney, Marleau, Sheen and Meekhof and referred to the Committee on Judiciary.
A bill to amend 1994 PA 295, entitled
"Sex offenders registration act,"
by amending section 9 (MCL 28.729), as amended by 2005 PA 132.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
9. (1) Except as provided in subsections (2) , and (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(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.
(2) (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.
(3) (4)
An individual who willfully refuses
or fails to pay
the registration fee prescribed in section 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.
(4) (5)
The court shall revoke the
probation of an individual
placed on probation who willfully violates this act.
(5) (6)
The court shall revoke the youthful
trainee status of
an individual assigned to youthful trainee status who willfully
violates this act.
(6) (7)
The parole board shall rescind the
parole of an
individual released on parole who willfully violates this act.
(7) (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 does not take effect
unless all of the following bills of the 94th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 5134(request no.
01169'07).
(b) Senate Bill No.____ or House Bill No.____ (request no.
01169'07 a).