HOUSE BILL No. 5403

 

February 15, 2012, Introduced by Reps. Santana, Segal, Ananich, Hovey-Wright, Darany, Geiss and Haugh and referred to the Committee on Judiciary.

 

     A bill to require individuals convicted of animal abuse

 

offenses to register; to provide for the powers and duties of

 

certain state and local governmental officers and entities; to

 

impose fees; to prescribe penalties and provide remedies; and to

 

require the promulgation of rules.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. As used in this act:

 

     (a) "Animal abuse offense" means 1 or more of the following:

 

     (i) A violation of section 49 of the Michigan penal code, 1931

 

PA 328, MCL 750.49.

 

     (ii) A violation of section 50 of the Michigan penal code, 1931

 

PA 328, MCL 750.50.

 

     (iii) A violation of section 50a of the Michigan penal code,

 

1931 PA 328, MCL 750.50a.

 


     (iv) A violation of section 50b of the Michigan penal code,

 

1931 PA 328, MCL 750.50b.

 

     (v) A violation of section 50c of the Michigan penal code,

 

1931 PA 328, MCL 750.50c.

 

     (vi) Any other violation of a law of this state or a local

 

ordinance of a municipality that by its nature constitutes an

 

animal abuse offense.

 

     (vii) An attempt or conspiracy to commit an offense described

 

in subparagraphs (i) to (vi).

 

     (viii) An offense substantially similar to an offense described

 

in subparagraphs (i) to (vii) under a law of the United States, any

 

state, or any country or under tribal or military law.

 

     (b) "Convicted" means that 1 of the following applies to the

 

individual:

 

     (i) A judgment of conviction or a probation order was entered

 

against the individual in any court having jurisdiction over

 

criminal offenses, including, but not limited to, a tribal court or

 

a military court, and including a conviction subsequently set aside

 

under 1965 PA 213, MCL 780.621 to 780.624.

 

     (ii) The individual was assigned to youthful trainee status

 

under sections 11 to 15 of chapter II of the code of criminal

 

procedure, 1927 PA 175, MCL 762.11 to 762.15, if the individual's

 

status of youthful trainee is revoked and an adjudication of guilt

 

is entered.

 

     (c) "Department" means the department of state police.

 

     (d) "Domicile" means a place where an individual has his or

 

her true, fixed, and permanent home to which he or she intends to

 


return whenever absent from the home.

 

     (e) "Institution of higher education" means 1 or more of the

 

following:

 

     (i) A public or private community college, college, or

 

university.

 

     (ii) A public or private trade, vocational, or occupational

 

school.

 

     (f) "Local law enforcement agency" means the police department

 

of a county or municipality.

 

     (g) "Municipality" means a city, village, or township of this

 

state.

 

     (h) "Residence" means that place at which an individual

 

habitually sleeps, keeps his or her personal effects, and has a

 

regular place of lodging. If an individual has more than 1

 

residence, or if a wife has a residence separate from that of the

 

husband, that place at which the individual resides the greater

 

part of the time shall be his or her residence for purposes of this

 

act. This section shall not be construed to affect existing

 

judicial interpretation of the term residence.

 

     (i) "Student" means an individual enrolled on a full- or part-

 

time basis in a public or private educational institution,

 

including, but not limited to, a secondary school, trade school,

 

professional institution, or institution of higher education.

 

     Sec. 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 shall register under this

 

act:

 

     (a) An individual who is 18 years of age or older and who is

 

convicted of an animal abuse offense on or after the effective date

 

of this act.

 

     (b) An individual from another state who is 18 years of age or

 

older and who is convicted of an animal abuse offense on or after

 

the effective date of this act and is required to register or

 

otherwise be identified as an animal abuse offender under a

 

comparable statute of that state.

 

     Sec. 5. (1) An individual required to register under this act

 

shall register no later than 5 days after sentencing if the

 

individual is not sentenced to incarceration for the animal abuse

 

offense. If the individual is sentenced to incarceration for the

 

animal abuse offense, he or she shall register no later than 5 days

 

after release from incarceration. The probation officer shall give

 

the individual the registration form after the individual is

 

convicted and explain the duty to register and to pay a

 

registration fee, to verify his or her residence address, and to

 

provide notice of residence address changes.

 

     (2) Both of the following shall register with the local law

 

enforcement agency, sheriff's department, or the department within

 

14 days after becoming domiciled, or temporarily residing, working,

 

or being a student in this state for the periods specified in

 

section 3:

 

     (a) Subject to section 3, an individual convicted of an animal

 


abuse offense in another state or country on or after the effective

 

date of this act.

 

     (b) An individual required to be registered as an animal abuse

 

offender in another state or country regardless of when the

 

conviction was entered.

 

     Sec. 7. (1) An individual required to be registered under this

 

act shall notify the local law enforcement agency or sheriff's

 

department having jurisdiction where his or her new residence or

 

domicile is located or the department post of the individual's new

 

residence or domicile within 5 days after the individual changes or

 

vacates his or her residence, domicile, or place of work or

 

education.

 

     (2) If an individual who is incarcerated in a state

 

correctional facility and is required to be registered under this

 

act is granted parole or is due to be released upon completion of

 

his or her maximum sentence, the department of corrections, before

 

releasing the individual, shall provide notice of the location of

 

the individual's proposed place of residence or domicile to the

 

sheriff's department having jurisdiction over that location or to

 

the appropriate state police department post.

 

     (3) Within 5 days after either of the following occurs, the

 

department of corrections shall notify the local law enforcement

 

agency or sheriff's department having jurisdiction over the area to

 

which the individual is transferred or the department post of the

 

transferred residence or domicile of an individual required to be

 

registered under this act:

 

     (a) The individual is transferred to a community residential

 


program.

 

     (b) The individual is transferred into a minimum custody

 

correctional facility of any kind, including a correctional camp or

 

work camp.

 

     (4) An individual required to be registered under this act

 

shall notify the department on a form prescribed by the department

 

not later than 5 days before he or she changes his or her domicile

 

or residence to another state. The individual shall indicate the

 

new state and, if known, the new address. The department shall

 

update the registration and compilation databases and promptly

 

notify the appropriate law enforcement agency and any applicable

 

animal abuse registration authority in the new state.

 

     (5) If the probation or parole of an individual required to be

 

registered under this act is transferred to another state or an

 

individual required to be registered under this act is transferred

 

from a state correctional facility to any correctional facility or

 

probation or parole in another state, the department of corrections

 

shall promptly notify the department and the appropriate law

 

enforcement agency and any applicable animal abuse offender

 

registration authority in the new state. The department shall

 

update the registration and compilation databases.

 

     (6) An individual registered under this act shall comply with

 

the verification procedures and proof of residence procedures

 

prescribed in sections 9.

 

     (7) An individual shall comply with this section for 5 years

 

after the date of initially registering or, if the individual is in

 

a state correctional facility, for 5 years after release from the

 


state correctional facility, whichever is later.

 

     Sec. 9. (1) On the release of an individual required to be

 

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 act and the

 

procedure for registration, notification, and verification and

 

payment of the registration fee prescribed under subsection (5) or

 

section 17. 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.

 

     (2) Following initial registration under this act, 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 individual is registered only for 1 or more animal

 

abuse offenses that are misdemeanors, not earlier than January 1 or

 

later than January 15 of each year after the initial 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 animal abuse

 

offenses that are felonies, not earlier than the first day or later

 


than the fifteenth day of each April, July, October, and January of

 

each year after the initial 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.

 

     (3) An individual required to be registered under this act who

 

is in a state correctional facility shall comply with the

 

verification requirements of subsection (2) after his or her

 

release from incarceration.

 

     (4) When an individual reports under subsection (2), 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. 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 19 as necessary

 

and shall indicate verification in the compilation under section

 

19(2).

 

     (5) Except as otherwise provided in section 11, an individual

 

who reports as prescribed under subsection (2) and who has not

 

already paid the fee prescribed under section 17 shall pay a $50.00

 

registration fee. An individual shall only be required to pay a fee

 

once under this subsection.

 

     (6) If an individual fails to report under subsection (2), 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.

 

     (7) 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 personal identification card may be

 

used as proof of domicile or residence. An officer or authorized

 

employee of the local law enforcement agency, sheriff's department,

 

or department post 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.

 

     (8) An individual required to be 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 prior to

 

registration. An individual required to be registered under this

 

act who is incarcerated shall report under this subsection not less

 

than 5 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 the effective

 


date of this act, or within 2 years before he or she is released.

 

The secretary of state shall make the digitized photograph

 

available to the department for a registration under this act.

 

     (9) The department shall prescribe the form for the notices

 

and verification procedures required by this section.

 

     Sec. 11. (1) Of the money collected by a court, local law

 

enforcement agency, sheriff's department, or department post from

 

each registration fee prescribed under this act, $35.00 shall be

 

forwarded to the department, which shall deposit the money in the

 

animal abuse offenders registration fund created under subsection

 

(2), and $15.00 shall be retained by the court, local law

 

enforcement agency, sheriff's department, or department post.

 

     (2) The animal abuse offenders registration fund is created as

 

a separate fund in the department of treasury. The state treasurer

 

shall credit the money received from the payment of the

 

registration fee prescribed under this act to the animal abuse

 

offenders registration fund. Money credited to the fund shall only

 

be used by the department for training concerning, and the

 

maintenance and automation of, the databases, compilation, and

 

information required under section 19. Money in the animal abuse

 

offenders registration fund at the close of the fiscal year shall

 

remain in the fund and shall not lapse to the general fund.

 

     (3) If an individual required to pay a registration fee under

 

this act is indigent, the registration fee shall be temporarily

 

waived. The burden is on the individual claiming indigence to prove

 

the fact of indigence to the satisfaction of the local law

 

enforcement agency, sheriff's department, or department post where

 


the individual is reporting.

 

     (4) Payment of the registration fee under this act shall be

 

made in the form and by means prescribed by the department. Upon

 

payment of the registration fee prescribed under this act, the

 

officer or employee shall forward verification of the payment to

 

the department by the law enforcement information network in the

 

manner the department prescribes. The department shall revise the

 

databases maintained under section 19 as necessary and shall

 

indicate verification of payment in the compilation under section

 

19(2).

 

     Sec. 13. The department of corrections shall not collect any

 

fees under this act.

 

     Sec. 15. (1) The officer or authorized employee of a local law

 

enforcement agency, sheriff's department, or department post

 

registering an individual or receiving or accepting a registration

 

under section 5 or receiving notice under section 7 shall provide

 

the individual with a copy of the registration or notification at

 

the time of registration or notice.

 

     (2) The officer or authorized employee of a local law

 

enforcement agency, sheriff's department, or department post

 

registering an individual or receiving or accepting a registration

 

under section 5 or notified of an address change under section 7(1)

 

shall forward the registration or notification to the department by

 

the law enforcement information network within 3 business days

 

after registration or notification.

 

     Sec. 17. (1) A registration under this act shall be made on a

 

form prescribed by the department and shall be forwarded to the

 


department in the format the department prescribes, along with a

 

$50.00 registration fee for each original registration, except as

 

otherwise provided in section 11. A registration shall contain all

 

of the following information:

 

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

 

birth, and address or expected address. 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) A brief summary of the individual's convictions for animal

 

abuse offenses regardless of when the conviction occurred,

 

including where the offense occurred and the original charge if the

 

conviction was for a lesser offense.

 

     (c) A complete physical description of the individual.

 

     (d) The photograph required under section 9.

 

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

 

the department. The department shall forward a copy of the

 

individual's fingerprints to the federal bureau of investigation if

 

not already on file with that bureau.

 

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

 

whether a DNA identification profile of the individual is

 

available.

 


     (3) The form used for registration or verification 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 7, the procedures for providing that notice,

 

and the verification procedures under section 9.

 

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

 

verification. However, the registration, 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 or authorized employee of a local law

 

enforcement agency, sheriff's department, or department post

 

registering the individual or receiving or accepting a registration

 

under section 5 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 7 and the format for forwarding the

 

notification to the department.

 

     (8) The department shall promptly provide registration,

 

notification, 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, as provided by law.

 

     Sec. 19. (1) The department shall maintain a computerized

 

database of registrations and notices required under this act.

 


     (2) The department shall maintain a computerized database

 

separate from that described in subsection (1) to implement

 

subsection (3) and section 23(2) and (3). The database shall

 

consist of a compilation of individuals registered under this act.

 

     (3) The compilation of individuals shall be indexed

 

numerically by zip code area. Within each zip code area, the

 

compilation shall contain all of the following information:

 

     (a) The name and aliases, 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 animal

 

abuse offense of which the individual has been convicted.

 

     (b) The photograph of each individual registered under this

 

act. The department shall obtain the photographs submitted under

 

section 9 from the secretary of state for purposes of implementing

 

this subsection.

 

     (4) The department shall update the compilation with new

 

registrations, deletions from registrations, and address changes at

 

the same time those changes are made to the database described in

 

subsection (1). The department shall make the compilation available

 

to each department post, local law enforcement agency, and

 

sheriff's department by the law enforcement information network.

 

Upon request of a department post, local law enforcement agency, or

 

sheriff's department, the department shall provide the information

 

from the compilation in printed form for the zip code areas located

 

in whole or in part within the post's, agency's, or sheriff's

 

department's jurisdiction.

 

     (5) The department shall make the compilation or information

 


from the compilation available to a department post, local law

 

enforcement agency, and sheriff's department by electronic,

 

computerized, or other similar means accessible to the post,

 

agency, or sheriff's department. The electronic, computerized, or

 

other means shall provide for a search by both name and zip code.

 

     (6) If a court determines that public availability of

 

information under subsection (5) or section 23 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 in subsection (2) so that it does not

 

contain that information.

 

     Sec. 21. (1) An individual required to be registered under

 

this act who willfully violates 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.

 

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

 

placed on probation who willfully violates this act.

 

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

 

released on parole who willfully violates this act.

 

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

 

act or a violation of section 7(1) or (4) 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. 23. (1) Except as otherwise 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 sand 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

 

described in section 19(2) for the zip code 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

 

described in section 19(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 described in section 19(2) initially registers under

 

this act, or changes his or her registration under this act, to a

 

location that is in a zip code area 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) A person who reveals a registration or report in violation

 

of this act is liable to the individual whose registration or

 

report is revealed for treble damages.

 

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

 

described in section 19(2) or information from that compilation

 

that is provided or made available under section 19(2) or under

 

subsection (2) or (3).

 

     Sec. 25. The department shall promulgate rules and adopt

 

regulations for the administration of the Michigan animal abuse

 

registry and collection of fees.