November 19, 2008, Introduced by Reps. Bieda, Rick Jones, Warren, Meisner, Alma Smith, Condino, Garfield, Gaffney, Meadows and Jackson and referred to the Committee on Judiciary.
A bill to amend 1994 PA 295, entitled
"Sex offenders registration act,"
by amending section 8d (MCL 28.728d), as added by 2004 PA 240.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 8d. (1) An individual who petitions the court under
section 8c to register as provided in this section shall register
under this act as follows:
(a) For a violation described in section 8c(15)(a) or (b), the
individual shall register under this act until the petition is
granted but is not subject to the requirements of section 8(2).
(b) For a violation described in section 8c(15)(c) and for
which the petition is granted, the individual shall register under
this act for a period of 10 years after the date he or she
initially registered or, if the individual was in a state
correctional facility, for 10 years after he or she is released
from
that facility, whichever is greater, and but is not subject
to
the requirements of section 8(2) during that registration period.
(2) If the court under section 8c orders an individual to
register under this section pending the court's determination of
the petition, the court shall promptly provide a copy of that order
to the department and to the individual. If the department is
provided with an order under this subsection for an individual
described in section 8c(15)(a) or (b), the department shall not
enter the individual's registration into the database maintained
under section 8(2) until ordered by the court to do so or until
expiration of the order, whichever occurs first.
(3) If the court grants a petition filed under section 8c, the
court shall promptly provide a copy of that order to the department
and to the individual. If the department is provided with an order
under this subsection for a violation described in section
8c(15)(a) or (b), the department shall not enter the individual's
registration into the database maintained under section 8(2) or, if
the person is already registered, shall promptly remove that
registration from the database maintained under section 8(2). The
department shall promptly remove an individual's registration from
the database maintained under section 8(1) upon expiration of the
applicable registration period described in subsection (1) or (2)
as provided in those subsections.