November 19, 2008, Introduced by Reps. Meadows, Rick Jones, Warren, Meisner, Alma Smith, Condino, Young, Garfield, Gaffney and Jackson and referred to the Committee on Judiciary.
A bill to amend 1994 PA 295, entitled
"Sex offenders registration act,"
by amending section 3 (MCL 28.723), as amended by 1999 PA 85.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
3. (1) Subject to subsection (2) subsections (2) and (3),
the following individuals who are domiciled or temporarily reside
in this state for 14 or more consecutive days, who work with or
without compensation or are students in this state for 14 or more
consecutive days, or who are domiciled, reside, or work with or
without compensation or are students in this state for 30 or more
total days in a calendar year are required to be registered under
this act:
(a) An individual who is convicted of a listed offense after
October 1, 1995.
(b) An individual convicted of a listed offense on or before
October 1, 1995 if on October 1, 1995 he or she is on probation or
parole, committed to jail, committed to the jurisdiction of the
department of corrections, or under the jurisdiction of the
juvenile division of the probate court or the department of social
services for that offense or is placed on probation or parole,
committed to jail, committed to the jurisdiction of the department
of corrections, placed under the jurisdiction of the juvenile
division of the probate court or family division of circuit court,
or committed to the department of social services or family
independence agency after October 1, 1995 for that offense.
(c) An individual convicted of an offense described in section
2(d)(xiii) 2(e)(xiii) on or before October 1, 1995
if on October 1,
1995 he or she is on probation or parole that has been transferred
to this state for that offense or his or her probation or parole is
transferred to this state after October 1, 1995 for that offense.
(d) An individual from another state who is required to
register or otherwise be identified as a sex or child offender or
predator under a comparable statute of that state.
(2) An individual convicted of an offense added on September
1, 1999 to the definition of listed offense is not required to be
registered solely because of that listed offense unless 1 of the
following applies:
(a) The individual is convicted of that listed offense on or
after September 1, 1999.
(b) On September 1, 1999, the individual is on probation or
parole, committed to jail, committed to the jurisdiction of the
department of corrections, under the jurisdiction of the family
division of circuit court, or committed to the family independence
agency for that offense or the individual is placed on probation or
parole, committed to jail, committed to the jurisdiction of the
department of corrections, placed under the jurisdiction of the
family division of circuit court, or committed to the family
independence agency on or after September 1, 1999 for that offense.
(c) On September 1, 1999, the individual is on probation or
parole for that offense which has been transferred to this state or
the individual's probation or parole for that offense is
transferred to this state after September 1, 1999.
(d) On September 1, 1999, in another state or country the
individual is on probation or parole, committed to jail, committed
to the jurisdiction of the department of corrections or a similar
type of state agency, under the jurisdiction of a court that
handles matters similar to those handled by the family division of
circuit court in this state, or committed to an agency with the
same authority as the family independence agency for that offense.
(3) An individual convicted of violating section 520e of the
Michigan penal code, 1931 PA 328, MCL 750.520e, is not required to
register under this act if the following conditions are satisfied:
(a) The individual was not previously convicted of a listed
offense for which registration is required under this act.
(b) The court determines that the offense did not involve a
factor set forth in section 520e(1)(b) to (f) of the Michigan penal
code, 1931 PA 328, MCL 750.520e.
(c) The court determines that exemption from registration is
warranted after consideration of all of the following factors:
(i) The individual's age and level of maturity at the time of
the offense.
(ii) The victim's age and level of maturity at the time of the
offense.
(iii) The nature of the offense.
(iv) The severity of the offense.
(v) The individual's prior juvenile or criminal history.
(vi) The individual's likelihood to commit further listed
offenses.
(vii) Any impact statement submitted by the victim under the
William Van Regenmorter crime victim's rights act, 1985 PA 87, MCL
780.751 to 780.834, or under this section.
(viii) Any other information considered relevant by the court.
(4) Subsection (3) applies to the following:
(a) An individual who is convicted of violating section 520e
of the Michigan penal code, 1931 PA 328, MCL 750.520e, on or after
the effective date of the amendatory act that added this
subsection.
(b) An individual who is convicted of violating section 520e
of the Michigan penal code, 1931 PA 328, MCL 750.520e, before the
effective date of the amendatory act that added this subsection,
but who was not sentenced until on or after the effective date of
the amendatory act that added this subsection.