October 8, 2009, Introduced by Reps. Knollenberg, Rick Jones, Walsh, Marleau, Meltzer, Lund, DeShazor, Daley, Moss, Kowall, Paul Scott, Genetski, Lori and Wayne Schmidt and referred to the Committee on Judiciary.
A bill to amend 1994 PA 295, entitled
"Sex offenders registration act,"
by amending sections 33 and 34 (MCL 28.733 and 28.734), section 33
as added by 2005 PA 127 and section 34 as amended by 2005 PA 322.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 33. As used in this article:
(a)
"Listed offense" means that term as defined in section 2
of
the sex offenders registration act, 1994 PA 295, MCL 28.722.
(a) (b)
"Loiter" means to remain
for a period of time and
under circumstances that a reasonable person would determine is for
the primary purpose of observing or contacting minors.
(b) (c)
"Minor" means an
individual less than 18 years of age.
(c) (d)
"School" means a public,
private, denominational, or
parochial school offering developmental kindergarten, kindergarten,
or any grade from 1 through 12. School does not include a home
school.
(d) (e)
"School property" means a
building, facility,
structure, or real property owned, leased, or otherwise controlled
by a school, other than a building, facility, structure, or real
property that is no longer in use on a permanent or continuous
basis, to which either of the following applies:
(i) It is used to impart educational instruction.
(ii) It is for use by students not more than 19 years of age
for sports or other recreational activities.
(e) (f)
"Student safety zone"
means the either of the
following:
(i) The area that lies 1,000 feet or less from school property.
(ii) The area that lies 1,000 feet or less from a school bus
stop. As used in this subparagraph, "school bus stop" means a
location routinely used by minors to board or disembark from a
school bus.
Sec. 34. (1) Except as provided in this section and section
36, an individual required to be registered under article II shall
not do 1 or more of the following:
(a) Work within a student safety zone.
(b) Loiter within a student safety zone.
(2) An individual who violates this section is guilty of a
crime as follows:
(a) For the first violation, the individual is guilty of a
misdemeanor punishable by imprisonment for not more than 1 year or
a fine of not more than $1,000.00, or both.
(b) An individual who violates this section and has 1 or more
prior convictions under this section is guilty of a felony
punishable by imprisonment for not more than 2 years or a fine of
not more than $2,000.00, or both.
(3) Subsection (1)(a) does not apply to any of the following:
(a) An individual who was working within a student safety zone
on January 1, 2006. However, this exception does not apply to an
individual who initiates or maintains contact with a minor within
that student safety zone.
(b) An individual whose place of employment is within a
student safety zone solely because a school is relocated or is
initially established 1,000 feet or less from the individual's
place of employment. However, this exception does not apply to an
individual who initiates or maintains contact with a minor within
that student safety zone.
(c) An individual who only intermittently or sporadically
enters a student safety zone for the purpose of work. However, this
exception does not apply to an individual who initiates or
maintains contact with a minor within a student safety zone.
(4) Subsection (1)(b) does not apply to an individual who is
present in a student safety zone described in section 33(e)(ii) if
the individual is within the student safety zone solely for the
purpose of meeting his or her child as the child disembarks from
the school bus. However, this exception does not apply to an
individual who initiates or maintains contact with a minor other
than his or her child within the student safety zone.
(5) (4)
This section does not prohibit an
individual from
being charged with, convicted of, or punished for any other
violation of law that is committed by that individual while
violating this section.
(6) (5)
Nothing in this section shall be
construed to prohibit
an individual from exercising his or her right to vote.