SB-0189, As Passed Senate, March 10, 2011

SUBSTITUTE FOR

SENATE BILL NO. 189

     A bill to amend 1994 PA 295, entitled

"Sex offenders registration act,"

by amending sections 6, 7, 8, 8c, 8d, 9, and 10 (MCL 28.726,

28.727, 28.728, 28.728c, 28.728d, 28.729, and 28.730), section 6 as

amended by 1996 PA 494, section 7 as amended by 2004 PA 237,

section 8 as amended and sections 8c and 8d as added by 2004 PA

240, section 9 as amended by 2005 PA 132, and section 10 as amended

by 2006 PA 46, and by adding section 8a; and to repeal acts and

parts of acts.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 6. (1) The officer, court, or agency registering an

individual or receiving or accepting a registration under section 4

or receiving notice under section 5(1) shall provide the individual

with a copy of the registration or notification at the time of

registration or notice.

     (2) The officer, court, or agency registering an individual or

receiving or accepting a registration under section 4 or notified

of an address change under section 5(1) shall forward the

registration or notification to the department by the law

enforcement information network within 3 business days in a manner

prescribed by the department immediately after registration or

notification.

     Sec. 7. (1) A registration Registration information obtained

under this act shall be made on a form provided by the department

and shall be forwarded to the department in the format the

department prescribes. , along with Except as provided in section

5b(3), a $35.00 $50.00 registration fee for shall accompany each

original registration. , except as otherwise provided in section

5b. A registration shall contain all of the following:All of the

following information shall be obtained or otherwise provided for

registration purposes:

     (a) The individual's legal name , social security number, date

of birth, and address or expected address. and any aliases,

nicknames, ethnic or tribal names, or other names by which the

individual is or has been known. An individual who is in a witness

protection and relocation program is only required to use the name

and identifying information reflecting his or her new identity in a

registration under this act. The registration and compilation

databases shall not contain any information identifying the

individual's prior identity or locale. The department shall request

each individual to provide his or her date of birth if it is not

included in the registration, and that individual shall comply with

the request within 10 days.

     (b) The individual's social security number and any social

security numbers or alleged social security numbers previously used

by the individual.

     (c) The individual's date of birth and any alleged dates of

birth previously used by the individual.

     (d) The address where the individual resides or will reside.

If the individual does not have a residential address, information

under this subsection shall identify the location or area used or

to be used by the individual in lieu of a residence or, if the

individual is homeless, the village, city, or township where the

person spends or will spend the majority of his or her time.

     (e) The name and address of any place of temporary lodging

used or to be used by the individual during any period in which the

individual is away, or is expected to be away, from his or her

residence for more than 7 days. Information under this subdivision

shall include the dates the lodging is used or to be used.

     (f) The name and address of each of the individual's

employers. For purposes of this subdivision, "employer" includes a

contractor and any individual who has agreed to hire or contract

with the individual for his or her services. Information under this

subsection shall include the address or location of employment if

different from the address of the employer. If the individual lacks

a fixed employment location, the information obtained under this

subdivision shall include the general areas where the individual

Senate Bill No. 189 as amended March 10, 2011

works and the normal travel routes taken by the individual in the

course of his or her employment.

     (g) The name and address of any school attended by the

individual and any school that has accepted the individual as a

student that he or she plans to attend. For purposes of this

subdivision, "school" means a public or private <<postsecondary>>

school or

school of higher education, including a trade school.

     (h) All telephone numbers registered to the individual or

routinely used by the individual.

     (i) All electronic mail addresses and instant message

addresses assigned to the individual or routinely used by the

individual and all login names or other identifiers used by the

individual when using any electronic mail address or instant

messaging system.

     (j) The license plate number, registration number, and

description of any motor vehicle, aircraft, or vessel owned or

regularly operated by the individual and the location at which the

motor vehicle, aircraft, or vessel is stored or kept.

     (k) The individual's driver license number or state personal

identification card number.

     (l) A digital copy of the individual's passport and other

immigration documents.

     (m) The individual's occupational and professional licensing

information, including any license that authorizes the individual

to engage in any occupation, profession, trade, or business.

(n) (b) A brief summary of the individual's convictions for

listed offenses regardless of when the conviction occurred,

including where the offense occurred and the original charge if the

conviction was for a lesser offense.

(o) (c) A complete physical description of the individual.

(p) (d) The photograph required under section 5a.

(q) (e) The individual's fingerprints if not already on file

with the department and the individual's palm prints. An individual

required to be registered on September 1, 1999 under this act shall

have his or her fingerprints or palm prints or both taken not later

than September 12, 1999 2011 if his or her fingerprints or palm

prints are not already on file with the department. The department

shall forward a copy of the individual's fingerprints and palm

prints to the federal bureau of investigation if not already on

file with that bureau.

(r) (f) Information that is required to be reported under

section 4a.

     (2) A registration may shall contain the individual's blood

type and whether a DNA identification profile of the individual is

available.all of the following:

     (a) An electronic copy of the offender's Michigan driver

license or Michigan personal identification card, including the

photograph required under this act.

     (b) The text of the provision of law that defines the criminal

offense for which the sex offender is registered.

     (c) Any outstanding arrest warrant information.

     (d) The individual's tier classification.

     (e) An identifier that indicates whether a DNA sample has been

collected and any resulting DNA profile has been entered into the

federal combined DNA index system (CODIS).

     (f) The individual's complete criminal history record,

including the dates of all arrests and convictions.

     (g) The individual's Michigan department of corrections number

and status of parole, probation, or supervised release.

     (h) The individual's federal bureau of investigation number.

     (3) The form used for registration or verification

notification of duties under this act shall contain a written

statement that explains the duty of the individual being registered

to provide notice of a change of address under section 5, changes

in his or her registration information, the procedures for

providing that notice, and the verification procedures under

section 5a.

     (4) The individual shall sign a registration , and notice. ,

and verification. However, the registration , and notice , or

verification shall be forwarded to the department regardless of

whether the individual signs it or pays the registration fee

required under subsection (1).

     (5) The officer, court, or an employee of the agency

registering the individual or receiving or accepting a registration

under section 4 shall sign the registration form.

     (6) An individual shall not knowingly provide false or

misleading information concerning a registration, notice, or

verification.

     (7) The department shall prescribe the form for a notification

required under section 5 and the format for forwarding the

notification to the department.

     (8) The department shall promptly provide registration,

notice, and verification information to the federal bureau of

investigation and to local law enforcement agencies, sheriff's

departments, department posts, and agencies of other states

requiring the information, other registering jurisdictions, as

provided by law.

     Sec. 8. (1) The department shall maintain a computerized law

enforcement database of registrations and notices required under

this act. The law enforcement database shall contain all of the

following information for each individual registered under this

act:

     (a) The individual's legal name and any aliases, nicknames,

ethnic or tribal names, or other names by which the individual is

or has been known.

     (b) The individual's social security number and any social

security numbers or alleged social security numbers previously used

by the individual.

     (c) The individual's date of birth and any alleged dates of

birth previously used by the individual.

     (d) The address where the individual resides or will reside.

If the individual does not have a residential address, information

under this subsection shall identify the location or area used or

to be used by the individual in lieu of a residence or, if the

individual is homeless, the village, city, or township where the

individual spends or will spend the majority of his or her time.

     (e) The name and address of any place of temporary lodging

used or to be used by the individual during any period in which the

individual is away, or is expected to be away, from his or her

residence for more than 7 days. Information under this subdivision

shall include the dates the lodging is used or to be used.

     (f) The name and address of each of the individual's

employers. For purposes of this subdivision, "employer" includes a

contractor and any individual who has agreed to hire or contract

with the individual for his or her services. Information under this

subsection shall include the address or location of employment if

different from the address of the employer.

     (g) The name and address of any school attended by the

individual and any school that has accepted the individual as a

student that he or she plans to attend. For purposes of this

subdivision, "school" means a public or private postsecondary

school or school of higher education, including a trade school.

     (h) All telephone numbers registered to the individual or

routinely used by the individual.

     (i) All electronic mail addresses and instant message

addresses assigned to the individual or routinely used by the

individual and all login names or other identifiers used by the

individual when using any electronic mail address or instant

messaging system.

     (j) The license plate number or registration number and

description of any motor vehicle, aircraft, or vessel owned or

regularly operated by the individual and the location at which the

motor vehicle, aircraft, or vessel is stored or kept.

     (k) The individual's driver license number or state personal

identification card number.

     (l) A digital copy of the individual's passport and other

immigration documents.

     (m) The individual's occupational and professional licensing

information, including any license that authorizes the individual

to engage in any occupation, profession, trade, or business.

     (n) A brief summary of the individual's convictions for listed

offenses regardless of when the conviction occurred, including

where the offense occurred and the original charge if the

conviction was for a lesser offense.

     (o) A complete physical description of the individual.

     (p) The photograph required under section 5a.

     (q) The individual's fingerprints and palm prints.

     (r) An electronic copy of the offender's Michigan driver

license or Michigan personal identification card, including the

photograph required under this act.

     (s) The text of the provision of law that defines the criminal

offense for which the sex offender is registered.

     (t) Any outstanding arrest warrant information.

     (u) The individual's tier classification and registration

status.

     (v) An identifier that indicates whether a DNA sample has been

collected and any resulting DNA profile has been entered into the

federal combined DNA index system (CODIS).

     (w) The individual's complete criminal history record,

including the dates of all arrests and convictions.

     (x) The individual's Michigan department of corrections number

and the status of his or her parole, probation, or release.

     (y) The individual's federal bureau of investigation number.

     (2) The department shall maintain a computerized database

public internet website separate from that the law enforcement

database described in subsection (1) to implement section 10(2) and

(3). Except as provided in subsection (3) (4), the database public

internet website shall consist of a compilation of individuals

contain all of the following information for each individual

registered under this act: .

     (a) The individual's legal name and any aliases, nicknames,

ethnic or tribal names, or other names by which the individual is

or has been known.

     (b) The individual's date of birth.

     (c) The address where the individual resides. If the

individual does not have a residential address, information under

this subsection shall identify the village, city, or township used

by the individual in lieu of a residence.

     (d) The address of each of the individual's employers. For

purposes of this subdivision, "employer" includes a contractor and

any individual who has agreed to hire or contract with the

individual for his or her services. Information under this

subsection shall include the address or location of employment if

different from the address of the employer.

     (e) The name and address of any school attended by the

individual and any school that has accepted the individual as a

student that he or she plans to attend. For purposes of this

subdivision, "school" means a public or private postsecondary

school or school of higher education, including a trade school.

     (f) The license plate number or registration number and

description of any motor vehicle, aircraft, or vessel owned or

regularly operated by the individual.

     (g) A brief summary of the individual's convictions for listed

offenses regardless of when the conviction occurred.

     (h) A complete physical description of the individual.

     (i) The photograph required under this act. If no photograph

is available, the department shall use an arrest photograph or

Michigan department of corrections photograph until a photograph as

prescribed in section 5a becomes available.

     (j) The text of the provision of law that defines the criminal

offense for which the sex offender is registered.

     (k) The individual's registration status.

     (l) The individual's tier classification.

     (3) The following information shall not be made available on

the public internet website described in subsection (2):

     (a) The identity of any victim of the offense.

     (b) The individual's social security number.

     (c) Any arrests not resulting in a conviction.

     (d) Any travel or immigration document numbers.

     (e) Any electronic mail addresses and instant message

addresses assigned to the individual or routinely used by the

individual and any login names or other identifiers used by the

individual when using any electronic mail address or instant

messaging system.

     (f) The individual's driver license number or state personal

identification card number.

(4) (3) The database public internet website described in

subsection (2) shall not include the following individuals:

     (a) An individual registered solely because he or she had 1 or

more dispositions for a listed offense entered under section 18 of

chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.18,

in a case that was not designated as a case in which the individual

was to be tried in the same manner as an adult under section 2d of

chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2d.

Except as provided in subdivision (b), the exclusion for juvenile

dispositions does not apply to a disposition for a violation of

section 520b or 520c of the Michigan penal code, 1931 PA 328, MCL

750.520b and 750.520c, after the individual becomes 18 years of

age.

     (b) An individual who is exempt under section 8d from that

database registered solely because he or she was the subject of an

order of disposition or other adjudication in a juvenile matter in

another state or country.

     (c) An individual registered solely because he or she has been

convicted of a single tier I offense.

(5) (4) The compilation of individuals shall be indexed

alphabetically by village, city, township, and county, numerically

by zip code area, and geographically as determined appropriate by

the department. Within each zip code area, the compilation shall

contain all of the following information:

     (a) The name and aliases, address, physical description, and

birth date of each individual registered under this act who is

included in the compilation and who resides in that zip code area

and any listed offense of which the individual has been convicted.

     (b) The name and campus location of each institution of higher

education to which the individual is required to report under

section 4a.

     (c) Beginning May 1, 2005, the photograph of each individual

registered under this act. The department shall obtain the

photographs submitted under section 5a from the secretary of state

for purposes of implementing this subdivision.

(6) (5) The department shall update the compilation public

internet website with new registrations, deletions from

registrations, and address changes at the same time those changes

are made to the law enforcement database described in subsection

(1). The department shall make the compilation law enforcement

database available to each department post, local law enforcement

agency, and sheriff's department by the law enforcement information

network. Upon request by a department post, local law enforcement

agency, or sheriff's department, the department shall provide to

that post, agency, or sheriff's department the information from the

compilation law enforcement database in printed form for the zip

code designated areas located in whole or in part within the

post's, agency's, or sheriff's department's jurisdiction. The

department shall provide the ability to conduct a computerized

search of the compilation law enforcement database and the public

internet website based upon the name and campus location of an

institution of higher education. described in subsection (4)(b).

(7) (6) The department shall make the compilation or

information from the compilation law enforcement database available

to a department post, local law enforcement agency, or sheriff's

department , and the public by electronic, computerized, or other

similar means accessible to the post, agency, or sheriff's

department. The department shall make the public internet website

available to the public by electronic, computerized, or other

similar means accessible to the public. The electronic,

computerized, or other similar means shall provide for both a

search by name, and by village, city, township, and county

designation, zip code, and geographical area.

(8) (7) If a court determines that the public availability

under section 10 of any information concerning individuals

registered under this act , including names and aliases, addresses,

physical descriptions, or dates of birth, violates the constitution

of the United States or this state, the department shall revise the

compilation public internet website described in subsection (2) so

that it does not contain that information.

     (9) If the department determines that an individual has

completed his or her registration period, including a registration

period reduced by law under the amendatory act that added this

subsection, or that he or she otherwise is no longer required to

register under this act, the department shall remove the

individual's registration information from both the law enforcement

database and the public internet website within 7 days after making

that determination.

     Sec. 8a. (1) If an individual fails to register or to update

his or her registration information as required under this act, the

local law enforcement agency, sheriff's office, or department post

responsible for registering the individual or for verifying and

updating his or her registration information shall do all of the

following immediately after the date the individual was required to

register or to update his or her registration information:

     (a) Determine whether the individual has absconded or is

otherwise unlocatable.

     (b) If the registering authority was notified by a

registration jurisdiction that the individual was to appear in

order to register or update his or her registration information in

the jurisdiction of the registering authority, notify the

department in a manner prescribed by the department that the

individual failed to appear as required.

     (c) Revise the information in the registry to reflect that the

individual has absconded or is otherwise unlocatable.

     (d) Seek a warrant for the individual's arrest if the legal

requirements for obtaining a warrant are satisfied.

     (e) Enter the individual into the national crime information

center wanted person file if the requirements for entering

information into that file are met.

     (2) If an individual fails to register or to update his or her

registration information as required under this act, the department

shall do all of the following immediately after being notified by

the registering authority that the individual failed to appear as

required:

     (a) Notify that other registration jurisdiction that the

individual failed to appear as required.

     (b) Notify the United States marshal's service in the manner

required by the United States marshal's service of the individual's

failure to appear as required.

     (c) Update the national sex offender registry to reflect the

individual's status as an absconder or as unlocatable.

     Sec. 8c. (1) An individual described in subsection (15) who is

convicted before October 1, 2004 of a violation described in that

subsection classified as a tier I offender who meets the

requirements of subsection (13) may petition the court under this

section that subsection for an order allowing him or her to

register discontinue registration 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 classified as a tier III offender who meets the

requirements of subsection (14) may petition the court under this

section that subsection for an order allowing him or her to

register discontinue registration under this act. as provided in

section 8d(1).

     (3) An individual classified as a tier I, tier II, or tier III

offender who meets the requirements of subsection (15) may petition

the court under that subsection for an order allowing him or her to

discontinue registration under this act.

(4) (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.

However, if the conviction occurred in another state or country and

the individual is a resident of this state, the individual may file

a petition in the circuit court in the county of his or her

residence for an order allowing him or her to discontinue

registration under this act only. 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

discontinuation from 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 or, for a conviction that occurred in another state or

country, the prosecuting attorney for the county of his or her

residence, 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) (10).

     (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.

(9) (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.

(10) (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.

(11) (12) The court shall consider all of the following in

determining whether to allow the individual to register discontinue

registration 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.

(12) (13) If the court determines that the individual meets

the criteria for discontinuation from registration, under section

8d, the court may order the individual to register under this act

as provided in that section his or her registration to be

discontinued.

     (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) 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 less than

17 years of age when he or she committed the offense and is not

more than 3 years older than the victim.

     (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.

     (13) The court may grant a petition properly filed by an

individual under subsection (1) if all of the following apply:

     (a) Ten or more years have elapsed since the date of his or

her conviction for the listed offense or from his or her release

from any period of confinement for that offense, whichever occurred

last.

     (b) The petitioner has not been convicted of any felony since

the date described in subdivision (a).

     (c) The petitioner has not been convicted of any listed

offense since the date described in subdivision (a).

     (d) The petitioner successfully completed his or her assigned

periods of supervised release, probation, or parole without

revocation at any time of that supervised release, probation, or

parole.

     (e) The petitioner successfully completed a sex offender

treatment program certified by the United States attorney general

under 42 USC 16915(b)(1), or another appropriate sex offender

treatment program. The court may waive the requirements of this

subdivision if successfully completing a sex offender treatment

program was not a condition of the petitioner's confinement,

release, probation, or parole.

     (14) The court may grant a petition properly filed by an

individual under subsection (2) if all of the following apply:

     (a) The petitioner is required to register based on an order

of disposition entered under section 18 of chapter XIIA of the

probate code of 1939, 1939 PA 288, MCL 712A.18, that is open to the

general public under section 28 of chapter XIIA of the probate code

of 1939, 1939 PA 288, MCL 712A.28.

     (b) Twenty-five or more years have elapsed since the date of

his or her adjudication for the listed offense or from his or her

release from any period of confinement for that offense, whichever

occurred last.

     (c) The petitioner has not been convicted of any felony since

the date described in subdivision (b).

     (d) The petitioner has not been convicted of any listed

offense since the date described in subdivision (b).

     (e) The petitioner successfully completed his or her assigned

periods of supervised release, probation, or parole without

revocation at any time of that supervised release, probation, or

parole.

     (f) The court determines that the petitioner successfully

completed a sex offender treatment program certified by the United

States attorney general under 42 USC 16915(b)(1), or another

appropriate sex offender treatment program. The court may waive the

requirements of this subdivision if successfully completing a sex

offender treatment program was not a condition of the petitioner's

confinement, release, probation, or parole.

     (15) The court may grant a petition properly filed by an

individual under subsection (3) if any of the following apply:

     (a) All of the following:

     (i) The court determines that the conviction for the listed

offense was the result of a consensual sexual act between the

petitioner and the victim.

     (ii) The victim was 13 years of age or older but less than 16

years of age at the time of the offense.

     (iii) The petitioner is not more than 4 years older than the

victim.

     (b) Both of the following:

     (i) The petitioner was adjudicated as a juvenile.

     (ii) The petitioner was less than 14 years of age at the time

of the offense.

     (c) All of the following:

     (i) The individual was convicted of a violation of section 158,

338, 338a, 338b, or 520c(1)(i) of the Michigan penal code, 1931 PA

328, MCL 750.158, 750.338, 750.338a, 750.338b, and 750.520c.

     (ii) The victim consented to the conduct constituting the

violation.

     (iii) The victim was 13 years of age or older but less than 16

years of age at the time of the violation.

     (iv) The individual is not more than 4 years older than the

victim.

     (d) All of the following:

     (i) The individual was convicted of a violation described in

subdivision (c)(i).

Senate Bill No. 189 as amended March 10, 2011

     (ii) The victim consented to the conduct constituting the

violation.

     (iii) The victim was 16 or 17 years of age at the time of the

violation.

     (iv) The victim was not under the custodial authority of the

individual at the time of the violation.

     <<(16) The court shall not grant a petition filed under

subsection (15)(a), (b), (c), or (d) if the court determines that the individual is a continuing threat to the public. In making the determination, the court shall consider all of the following factors and place its findings on the record:

(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.

(i)>> The individual was registered under this act before July

1, 2011 for an offense that required registration but for which

registration is not required on or after July 1, 2011.

     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 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.

     Sec. 9. (1) Except as provided in subsections (2), (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) 5a(6), is

guilty of a crime punishable as follows: misdemeanor punishable by

imprisonment for not more than 2 years or a fine of not more than

$2,000.00, or both.

     (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.

     (3) An individual who willfully fails to sign a registration ,

and 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.

     (4) An individual who willfully refuses or fails to pay the

registration fee prescribed in section 5a(7) 5a(5) 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.

     (5) The court shall revoke the probation of an individual

placed on probation who willfully violates this act.

     (6) The court shall revoke the youthful trainee status of an

individual assigned to youthful trainee status who willfully

violates this act.

     (7) The parole board shall rescind the parole of an individual

released on parole who willfully violates this act.

     (8) An individual's failure to register as required by this

act or a violation of section 5(1), (3), or (4) 5 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.

     Sec. 10. (1) Except as provided in this act, a registration or

report is confidential and information from that registration or

report shall not be open to inspection except for law enforcement

purposes. The registration or report and all included materials and

information are exempt from disclosure under section 13 of the

freedom of information act, 1976 PA 442, MCL 15.243.

     (2) A department post, local law enforcement agency, or

sheriff's department shall make information from the compilation

public internet website described in section 8(2) for the zip code

designated areas located in whole or in part within the post's,

agency's, or sheriff's department's jurisdiction available for

public inspection during regular business hours. A department post,

local law enforcement agency, or sheriff's department is not

required to make a copy of the information for a member of the

public.

     (3) The department may make information from the compilation

public internet website described in section 8(2) available to the

public through electronic, computerized, or other accessible means.

The department shall provide for notification by electronic or

computerized means to any member of the public who has subscribed

in a manner required by the department when an individual who is

the subject of the compilation public internet website described in

section 8(2) initially registers under this act, or changes his or

her registration under this act, to a location that is in a zip

code designated area or geographic radius designated by the

subscribing member of the public.

     (4) Except as provided in this act, an individual other than

the registrant who knows of a registration or report under this act

and who divulges, uses, or publishes nonpublic information

concerning the registration or report in violation of this act 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.

     (5) An individual whose registration or report is revealed in

violation of this act has a civil cause of action against the

responsible party for treble damages.

     (6) Subsections (4) and (5) do not apply to the compilation

public internet website described in section 8(2) or information

from that compilation public internet website that is provided or

made available under section 8(2) or under subsection (2) or (3).

     Enacting section 1. Sections 11 and 12 of the sex offenders

registration act, 1994 PA 295, MCL 28.731 and 28.732, are repealed.

     Enacting section 2. This amendatory act takes effect July 1,

2011.

     Enacting section 3. This amendatory act does not take effect

unless Senate Bill No. 188 of the 96th Legislature is enacted into

law.