November 19, 2008, Introduced by Reps. Rick Jones, Meadows, Warren, Meisner, Alma Smith, Condino, Young, Jackson, Garfield and Gaffney and referred to the Committee on Judiciary.
A bill to amend 1994 PA 295, entitled
"Sex offenders registration act,"
by amending sections 5a, 8c, and 8d (MCL 28.725a, 28.728c, and
28.728d), section 5a as amended by 2005 PA 322 and sections 8c and
8d as added by 2004 PA 240.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5a. (1) Not later than December 1, 2004, the department
shall mail a notice to each individual registered under this act
who is not in a state correctional facility explaining the
individual's duties under this section and this act as amended and
the procedure for registration, notification, and verification and
paying the registration fee prescribed under subsection (7) or
section 7(1).
(2) Upon the release of an individual registered under this
act who is in a state correctional facility, the department of
corrections shall provide written notice to that individual
explaining his or her duties under this section and this act as
amended and the procedure for registration, notification, and
verification and payment of the registration fee prescribed under
subsection (7) or section 7(1). The individual shall sign and date
the notice. The department of corrections shall maintain a copy of
the signed and dated notice in the individual's file. The
department of corrections shall forward the original notice to the
department within 30 days, regardless of whether the individual
signs it.
(3) Not later than January 15, 2000, an individual registered
under this act who is not incarcerated shall report in person to
the local law enforcement agency or sheriff's department having
jurisdiction where he or she is domiciled or resides or to the
department post in or nearest to the county where he or she is
domiciled or resides. The individual shall present proof of
domicile or residence and update any information that changed since
registration, including information that is required to be reported
under section 4a. An individual registered under this act who is
incarcerated on January 15, 2000 shall report under this subsection
not less than 10 days after he or she is released.
(4) Except as provided in subsection (5), following initial
verification under subsection (3), or registration under this act
after January 15, 2000, an individual required to be registered
under this act who is not incarcerated shall report in person to
the local law enforcement agency or sheriff's department having
jurisdiction where he or she is domiciled or resides or to the
department post in or nearest to the county where he or she is
domiciled or resides for verification of domicile or residence as
follows:
(a) If the person is registered only for 1 or more listed
offenses that are misdemeanors, not earlier than January 1 or later
than January 15 of each year after the initial verification or
registration. As used in this subdivision, "misdemeanor" means that
term as defined in section 1 of chapter I of the code of criminal
procedure, 1927 PA 175, MCL 761.1.
(b) If the person is registered for 1 or more listed offenses
that are felonies, not earlier than the first day or later than the
fifteenth day of each April, July, October, and January following
initial verification or registration. As used in this subdivision,
"felony" means that term as defined in section 1 of chapter I of
the code of criminal procedure, 1927 PA 175, MCL 761.1.
(5) The continued reporting requirements of this section
following initial registration do not apply to an individual
convicted as a juvenile of committing an offense described in
section
8c(15)(a) or (b) committed by the individual when he or she
was less than 17 years of age, except that the individual shall
report a change in his or her residence within this state or to
another state as provided in this section within 10 days after the
change
of residence is made. If the individual fails to file a
petition
under section 8c before he or she becomes 18 years of age,
or
if his or her individual's petition is denied by the court, the
individual shall report as otherwise required under this section.
(6) When an individual reports under subsection (3) or (4), an
officer or authorized employee of the local law enforcement agency,
sheriff's department, or department post shall verify the
individual's residence or domicile and any information required to
be reported under section 4a. The officer or authorized employee
shall sign and date a verification form. The officer shall give a
copy of the signed form showing the date of verification to the
individual. The officer or employee shall forward verification
information to the department by the law enforcement information
network in the manner the department prescribes. The department
shall revise the databases maintained under section 8 as necessary
and shall indicate verification in the compilation under section
8(2).
(7) Except as otherwise provided in section 5b, beginning
October 16, 2004, an individual who reports as prescribed under
subsection (3) or (4) and who has not already paid the fee
prescribed under section 7(1) shall pay a $35.00 registration fee.
An individual shall only be required to pay a fee once under this
subsection.
(8) An individual required to be registered under this act
shall maintain either a valid operator's or chauffeur's license
issued under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to
257.923, or an official state personal identification card issued
under 1972 PA 222, MCL 28.291 to 28.300, with the individual's
current address. The license or card may be used as proof of
domicile or residence under this section. In addition, the officer
or authorized employee may require the individual to produce
another document bearing his or her name and address, including,
but not limited to, voter registration or a utility or other bill.
The department may specify other satisfactory proof of domicile or
residence.
(9) Not earlier than January 1, 2000 or later than January 15,
2000, an individual registered under this act who is not
incarcerated shall report in person to a secretary of state office
and have his or her digitized photograph taken. An individual
registered under this act who is incarcerated on January 15, 2000
shall report under this subsection not less than 10 days after he
or she is released. The individual is not required to report under
this subsection if he or she had a digitized photograph taken for
an operator's or chauffeur's license or official state personal
identification card before January 1, 2000, or within 2 years
before he or she is released. The photograph shall be used on the
individual's operator's or chauffeur's license or official state
personal identification card. The individual shall have a new
photograph taken when he or she renews the license or
identification card as provided by law. The secretary of state
shall make the digitized photograph available to the department for
a registration under this act.
(10) If an individual does not report under subsection (3) or
(4) or section 4a, the department shall notify the local law
enforcement agency, sheriff's department, or department post. An
appearance ticket may be issued for the individual's failure to
report as provided in sections 9a to 9g of chapter IV of the code
of criminal procedure, 1927 PA 175, MCL 764.9a to 764.9g.
(11) The department shall prescribe the form for the notices
and verification procedures required under this section.
Sec. 8c. (1) An individual described in subsection (15) who is
convicted before October 1, 2004 of a violation described in that
subsection may petition the court under this section for an order
allowing him or her to register under this act as provided in
section 8d(1).
(2)
An individual described in subsection (15)(a) or (b) who
is convicted on or after October 1, 2004 of a violation described
in that subsection (15)(a) may petition the court under this
section for an order allowing him or her to register under this act
as provided in section 8d(1).
(3) This section is the sole means by which an individual may
obtain judicial review of his or her registration requirements
under this act. This subsection does not prohibit an appeal of the
conviction or sentence as otherwise provided by law or court rule.
(4) A petition filed under this section shall be filed in the
court in which the individual was convicted of committing the
listed
offense. A petition filed under subsection (1) shall be
filed
before October 1, 2007 or within 3 years after the individual
is
discharged from the jurisdiction of the juvenile court or, if
the
individual was assigned to youthful trainee status, within 3
years
after he or she has successfully completed youthful trainee
status,
whichever is later, and, except as otherwise provided in
this
subsection, the court shall not consider a petition filed by
the
individual after that date. A petition filed under subsection
(2)
shall not be filed before the individual's seventeenth birthday
or
after the individual's twentieth birthday. If the individual is
charged in this state or elsewhere with committing, attempting to
commit, or conspiring to commit a felony, other than the felony for
which he or she has filed the petition for registration as provided
under section 8d, or an offense that if committed by an adult would
be a felony, the court may hold the petition in abeyance until the
charges
are finally disposed of. If the court holds the petition in
abeyance,
the 3-year limitation periods described in this
subsection
begin to run when the period of abeyance has ended. A
petition shall not be filed under this section if a previous
petition was filed under this section and was denied by the court
after a hearing. As used in this subsection, "felony" means a crime
that is specifically designated to be a felony or that is
punishable by imprisonment for more than 1 year.
(5) A petition filed under this section shall be made under
oath and shall contain all of the following:
(a) The name and address of the petitioner.
(b) A statement identifying the offense for which registration
as provided in section 8d is being requested.
(c) A statement of whether the individual was previously
convicted of a listed offense for which registration is required
under this act.
(d) A statement specifically stating that the individual is
not disqualified under subsection (14) from filing a petition under
this section.
(6) An individual who knowingly makes a false statement in a
petition filed under this section is guilty of perjury as
proscribed under section 423 of the Michigan penal code, 1931 PA
328, MCL 750.423.
(7) A copy of the petition shall be filed with the office of
the prosecuting attorney that prosecuted the case against the
individual at least 30 days before a hearing is held on the
petition. The prosecuting attorney may appear and participate in
all proceedings regarding the petition and may seek appellate
review of any decision on the petition.
(8) If the name of the victim of the offense is known by the
prosecuting attorney, the prosecuting attorney shall provide the
victim with written notice that a petition has been filed and shall
provide the victim with a copy of the petition. The notice shall be
sent by first-class mail to the victim's last known address. The
petition shall include a statement of the victim's rights under
subsection (11).
(9) If an individual petitions the court under subsection (1)
or
(2) for an offense described in subsection (15)(a) or (b) and
the individual is not on the database maintained under section 8(2)
at the time the petition is filed, the court may order the
department not to place the individual on that database during the
period in which the court is considering whether to grant the
petition as follows:
(a) Except as provided in subdivision (b), for a period of 30
days after the date the order is issued or as provided by the
court, whichever occurs first.
(b) If jurisdiction is continued by the court past the
individual's seventeenth birthday, during the period in which
jurisdiction is continued. The court shall notify the department of
the order as required under section 8d.
(10) If an individual properly files a petition with the court
under this section, the court shall conduct a hearing on the
petition as provided in this section.
(11) The victim has the right to attend all proceedings under
this section and to make a written or oral statement to the court
before any decision regarding the petition is made. A victim shall
not be required to appear at any proceeding under this section
against his or her will.
(12) The court shall consider all of the following in
determining whether to allow the individual to register under this
act as provided in section 8d:
(a) The individual's age and level of maturity at the time of
the offense.
(b) The victim's age and level of maturity at the time of the
offense.
(c) The nature of the offense.
(d) The severity of the offense.
(e) The individual's prior juvenile or criminal history.
(f) The individual's likelihood to commit further listed
offenses.
(g) 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.
(h) Any other information considered relevant by the court.
(13) If the court determines that the individual meets the
criteria for registration under section 8d, the court may order the
individual to register under this act as provided in that section.
(14) The court shall not grant a petition filed under this
section if any of the following apply:
(a) The individual was previously convicted of a listed
offense for which registration is required under this act.
(b) The individual fails to carry the burden of proving by
clear and convincing evidence that he or she is not likely to
commit further listed offenses.
(c) The court determines that the offense involved any of the
following:
(i) A factor set forth in section 520b(1)(b) to (h) of the
Michigan penal code, 1931 PA 328, MCL 750.520b.
(ii) A factor set forth in section 520c(1)(b) to (l) of the
Michigan penal code, 1931 PA 328, MCL 750.520c.
(iii) A factor set forth in section 520d(1)(b) to (e) of the
Michigan penal code, 1931 PA 328, MCL 750.520d.
(iv) A factor set forth in section 520e(1)(b) to (f) of the
Michigan penal code, 1931 PA 328, MCL 750.520e.
(d) The individual is charged in this state or elsewhere with
committing, attempting to commit, or conspiring to commit a felony,
other than the felony for which he or she has filed the petition
for registration as provided under section 8d, or an offense that
if committed by an adult would be a felony. This subsection does
not prohibit the court from holding the petition in abeyance under
subsection (4). As used in this subdivision, "felony" means a crime
specifically designated to be a felony or that is punishable by
imprisonment for more than 1 year.
(e) The individual was sentenced for the offense as an adult.
This subdivision does not apply to an individual described in
subsection
(15)(c) (15)(b) who successfully completed his or her
probationary period and was discharged from youthful trainee
status.
(15) The right to petition under this section applies to all
of the following individuals:
(a)
An individual who is convicted as a juvenile under section
520b,
520c, or 520d of the Michigan penal code, 1931 PA 328, MCL
750.520b,
750.520c, and 750.520d, of committing, attempting to
commit,
or conspiring to commit a violation solely described in
section
520b(1)(a), 520c(1)(a), or 520d(1)(a) of the Michigan penal
code,
1931 PA 328, MCL 750.520b, 750.520c, and 750.520d, if either
of
the following applies:
(i) The individual was under 13 years of age when he
or she
committed
the offense and is not more than 5 years older than the
victim.
(ii) The individual was 13 years of age or older but
less than
17
years of age when he or she committed the offense and is not
more
than 3 years older than the victim.
(b)
An individual who was charged under section 520b, 520c, or
520d
of the Michigan penal code, 1931 PA 328, MCL 750.520b,
750.520c,
and 750.520d, with committing, attempting to commit, or
conspiring
to commit a violation solely described in section
520b(1)(a),
520c(1)(a), or 520d(1)(a) of the Michigan penal code,
1931
PA 328, MCL 750.520b, 750.520c, and 750.520d, and is convicted
as
a juvenile of violating, attempting to violate, or conspiring to
violate
section 520e or 520g of the Michigan penal code, 1931 PA
328,
MCL 750.520e and 750.520g, if either of the following applies:
(i) The individual was under 13 years of age when he
or she
committed
the offense and is not more than 5 years older than the
victim.
(ii) The individual was 13 years of age or older but of a
listed offense and who was less than 17 years of age when he or she
committed
the offense. and is not more than 3 years older than the
victim.
(b) (c)
An individual who has successfully
completed his or
her probationary period under sections 11 to 15 of chapter II of
the code of criminal procedure, 1927 PA 175, MCL 762.11 to 762.15,
for committing a listed offense, and has been discharged from
youthful trainee status.
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) 8c(15)(b)
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 is 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.