Sec. 1. This act shall be known and may be cited as the "child abuse offenders registration act".

Sec. 2. As used in this act:

(a) "Child abuse offense" means any violation of section 136b of the Michigan penal code, 1931 PA 328, MCL 750.136b (child abuse), or a substantially similar offense under a law of the United States, any state, or any country or under tribal or military law, that is committed by an adult or by a minor who is 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.

(b) "Convicted" means any of the following:

(i) Having a judgment of conviction or a probation order entered in any court having jurisdiction over criminal offenses, including, but not limited to, a tribal court or a military court, other than a conviction subsequently set aside under 1965 PA 213, MCL 780.621 to 780.624.

(ii) Either of the following:

(A) Being 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.

(B) Being 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.

(iii) Having 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.

(d) "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.

(e) "Local law enforcement agency" means the police department of a municipality.

(f) "Minor" means a person who is under 18 years of age.

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

(h) "Registering authority" means the local law enforcement agency or sheriff's office having jurisdiction over the person's residence, place of employment, or institution of higher learning, or the nearest department post designated to receive or enter child abuse offender registration information within a registration jurisdiction.

(i) "Registration jurisdiction" means each of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, the United States Virgin Islands, American Samoa, and the Indian tribes within the United States that elect to function as a registration jurisdiction.

(j) "Residence", for registration and voting purposes, means the place where a person habitually sleeps, keeps his or her personal effects, and has a regular place of lodging. If a person has more than 1 residence, or if a person has a residence separate from that of his or her spouse, the place where the person resides the greater part of the time is his or her official residence for the purposes of this act. If a person is homeless or otherwise lacks a fixed or temporary residence, residence means the village, city, or township where the person spends a majority of his or her time. This section must not be construed to affect existing

judicial interpretation of the term residence.

(k) "Student" means a person 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. (1) Subject to subsection (2), the following persons who are domiciled or temporarily reside in this state or who work with or without compensation or are students in this state, or who are domiciled, reside, or work with or without compensation or are students in this state for 30 or more total days in a calendar year are required to be registered under this act:

(a) A person who is convicted of a child abuse offense after January 1, 2020.

(b) A person from another state who is required to register or otherwise be identified as a child abuse offender under a comparable statute of that state.

(2) A person who is a nonresident and who is convicted in this state on or after January 1, 2020 of committing a child abuse offense who is not otherwise described in subsection (1) must nevertheless register under this act. However, the continued reporting requirements of this act do not apply to the person while he or she remains a nonresident and is not otherwise required to report under this act. However, the person shall have his or her photograph taken under section 7.

Sec. 4. (1) All of the following shall register with the local law enforcement agency, sheriff's department, or the department immediately after becoming domiciled or temporarily residing, working, or being a student in this state:

(a) Subject to section 3, a person convicted of a child abuse

offense in another state or country after January 1, 2020.

(b) A person required to be registered as a child abuse offender in another state or country regardless of when the conviction was entered.

(2) If a prosecution is pending on January 1, 2020, whether the defendant in a criminal case is required to register under this act must be determined on the basis of the law in effect on January 1, 2020.

Sec. 5. (1) A person required to be registered under this act and who is not a resident of this state shall report his or her status in person to the registering authority having jurisdiction over a campus of an institution of higher education if either of the following occurs:

(a) A person is or enrolls as a student with that institution of higher education or the person discontinues that enrollment.

(b) As part of his or her course of studies at an institution of higher education in this state, the person is present at any other location in this state, another state, a territory or possession of the United States, or the person discontinues his or her studies at that location.

(2) A person required to be registered under this act who is a resident of this state shall report his or her status in person to the registering authority having jurisdiction where his or her new residence or domicile is located if any of the events described under subsection (1) occur.

(3) The report required under subsections (1) and (2) must be made immediately after he or she enrolls or discontinues his or her enrollment as a student on that campus including study in this state or another state, a territory or possession of the United

States, or another country.

(4) The additional registration reports required under this section must be made in the time periods described in section 7 for reports under that section.

(5) The local law enforcement agency, sheriff's department, or department post to which a person reports under this section shall require the person to pay the registration fee required under section 7(6) or section 11(1) and to present written documentation of employment status, contractual relationship, volunteer status, or student status. Written documentation under this subsection may include, but need not be limited to, any of the following:

(a) A W-2 form, pay stub, or written statement by an employer.

(b) A contract.

(6) This section does not apply to a person whose enrollment and participation at an institution of higher education is solely through the mail or the internet from a remote location.

Sec. 6. (1) A person required to be registered under this act and who is a resident of this state shall report in person and notify the registering authority having jurisdiction where his or her residence or domicile is located immediately after any of the following occur:

(a) The person changes or vacates his or her residence or domicile.

(b) The person changes his or her place of employment, or employment is discontinued.

(d) The person changes his or her name.

(e) The person intends to temporarily reside at any place other than his or her residence for more than 7 days.

(f) The person establishes any electronic mail or instant message address, or any other designations used in internet communications or postings.

(g) Any change required to be reported under section 5.

(2) A person required to be registered under this act who is not a resident of this state but has his or her place of employment in this state shall report in person and notify the registering authority having jurisdiction where his or her place of employment is located or the department post of the person's place of employment immediately after the person changes his or her place of employment or employment is discontinued.

(3) If a person 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 person, shall provide notice of the location of the person's proposed place of residence or domicile to the department of state police.

(4) If a person who is incarcerated in a county jail and is required to be registered under this act is due to be released from custody, the sheriff's department, before releasing the person, shall provide notice of the location of the person's proposed place of residence or domicile to the department of state police.

(5) Immediately 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 person is transferred or the department post of the

transferred residence or domicile of a person required to be registered under this act:

(a) The person is transferred to a community residential program.

(b) The person is transferred into a level 1 correctional facility of any kind, including a correctional camp or work camp.

(6) A person required to be registered under this act who is a resident of this state shall report in person and notify the registering authority having jurisdiction where his or her residence or domicile is located immediately before he or she changes his or her domicile or residence to another state. The person 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 registration authority in the new state.

(7) A person required to be registered under this act who is a resident of this state shall report in person and notify the registering authority having jurisdiction where his or her residence or domicile is located not later than 21 days before he or she changes his or her domicile or residence to another country or travels to another country for more than 7 days. The person shall state the new country of residence or country of travel and the address of his or her new domicile or residence or place of stay, if known. The department shall update the registration and compilation databases created and maintained under the child abuse offenders registry and promptly notify the appropriate law enforcement agency and any applicable child abuse offender registration authority.

(8) If the probation or parole of a person required to be

registered under this act is transferred to another state or a person 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 registration authority in the new state. The department shall update the registration and compilation databases.

(9) A person registered under this act shall comply with the verification procedures and proof of residence procedures prescribed in sections 5 and 7.

(10) A person required to register under this act shall comply with this section for 10 years, except that a person convicted of fourth-degree child abuse shall comply with this section for 5 years.

(11) The registration periods under this section exclude any period of incarceration for committing a crime and any period of civil commitment.

Sec. 7. (1) The department shall mail a notice to each person registered under this act who is not in a state correctional facility explaining the person's duties under this act.

(2) Upon the release of a person registered under this act who is in a state correctional facility, the department of corrections shall provide written notice to that person explaining his or her duties under this section and the procedure for registration, notification, and verification and payment of the registration fee prescribed under subsection (6) or section 11(1). The person shall sign and date the notice. The department of corrections shall maintain a copy of the signed and dated notice in the person's

file. The department of corrections shall forward the original notice to the department immediately, regardless of whether the person signs it.

(3) Subject to subsection (4), a person required to be registered under this act who is not incarcerated shall report in person to the registering authority where the person is domiciled or resides for verification of domicile or residence as follows:

(a) If the person was convicted of a child abuse offense that is a misdemeanor, the person shall report once each year during the person's month of birth.

(b) If the person was convicted of a child abuse offense that is a felony, the person shall report 4 times each year according to the following schedule:

Birth Month	Reporting Months
January	January, April, July, and October
February	February, May, August, and November
March	March, June, September, and December
April	April, July, October, and January
May	May, August, November, and February
June	June, September, December, and March
July	July, October, January, and April
August	August, November, February, and May
September	September, December, March, and June
October	October, January, April, and July
November	November, February, May, and August
December	December, March, June, and September

(4) A report under subsection (3) must be made no earlier than the first day or later than the last day of the month in which the person is required to report. However, if the registration period

for that person expires during the month in which he or she is required to report under this section, the person shall report during that month on or before the date his or her registration period expires. When a person reports under subsection (3), the person shall review all registration information for accuracy.

(5) When a person reports under subsection (3), an officer or authorized employee of the registering authority shall verify the person's residence or domicile and any information required to be reported under section 5. The officer or authorized employee shall also determine whether the person's photograph required under subsection (8) matches the appearance of the person sufficiently to properly identify him or her from that photograph. If not, the officer or authorized employee shall require the person to immediately obtain a current photograph under this section. When all of the verification information has been provided, the officer or authorized employee shall review that information with the person and make any corrections, additions, or deletions the officer or authorized employee determines are necessary based on the review. The officer or authorized employee shall sign and date a verification receipt. The officer or authorized employee shall give a copy of the signed receipt showing the date of verification to the person. The officer or authorized employee shall forward verification information to the department in the manner the department prescribes. The department shall revise the law enforcement database and public internet website maintained under the child abuse offenders registry act as necessary and shall indicate verification in the public internet website maintained under that act.

(6) Except as otherwise provided in section 8, a person who

reports as prescribed under subsection (3) shall pay a $50.00 registration fee as follows:

(a) Upon initial registration.

(b) Annually following the year of initial registration. The payment of the registration fee under this subdivision must be made at the time the person reports in the first reporting month for that person as set forth in subsection (3) of each year in which the fee applies, unless a person elects to prepay an annual registration fee for any future year for which an annual registration fee is required. Prepaying any annual registration fee does not change or alter the requirement of a person to report as set forth in subsection (3). The registration fee required to be paid under this subdivision must not be prorated on grounds that the person will complete his or her registration period after the month in which the fee is due.

(7) A person 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 person'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 person 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) A person registered under this act who is incarcerated

shall report to the secretary of state under this subsection immediately after he or she is released to have his or her digitalized photograph taken. The person is not required to report under this subsection if the person had a digitized photograph taken for an operator's or chauffeur's license or official state personal identification card before January 1, 2020, or within 2 years before he or she is released unless his or her appearance has changed from the date of that photograph. Unless the person is a nonresident, the photograph must be used on the person's operator's or chauffeur's license or official state personal identification card. The person shall have a new photograph taken when the person renews the license or identification card as provided by law, or as otherwise provided in this act. The secretary of state shall make the digitized photograph available to the department for a registration under this act.

(9) If a person does not report under this section or under section 5, the department shall notify all registering authorities as provided in the child abuse offenders registry act and initiate enforcement action as set forth in that act.

(10) The department shall prescribe the form for the notices and verification procedures required under this section or under the child abuse offenders registry act.

Sec. 8. (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 must be forwarded to the department, which shall deposit the money in the child abuse offenders registration fund created under subsection (2), and $15.00 must be retained by the court, local law enforcement agency, sheriff's department, or department post.

(2) The child 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 child abuse offenders registration fund. Money credited to the fund must only be used by the department for training concerning, and the maintenance and automation of, the law enforcement database, public internet website, and information required under the child abuse offenders registry act, or notification and offender registration duties under section 5. Money in the child abuse offenders registration fund at the close of the fiscal year must remain in the fund and must not lapse to the general fund.

(3) If a person required to pay a registration fee under this act is indigent, the registration fee must be waived for a period of 90 days. The burden is on the person 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 person is reporting.

(4) Payment of the registration fee prescribed under this act must 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 in the manner the department prescribes. The department shall revise the law enforcement database and public internet website maintained under the child abuse offenders registry act as necessary and shall indicate verification of payment in the compilation under that act.

Sec. 9. The department of corrections shall not collect any fee prescribed under this act.

Sec. 10. (1) The officer, court, or agency registering a person or receiving or accepting a registration under section 4 or receiving notice under section 6 shall provide the person with a copy of the registration or notification at the time of registration or notice.

(2) The officer, court, or agency registering a person or receiving or accepting a registration under section 4 or notified of an address change under section 6(1) shall forward the registration or notification to the department in a manner described by the department immediately after registration or notification.

Sec. 11. (1) Registration information obtained under this act must be forwarded to the department in the format the department prescribes. Except as provided in section 8(3), a $50.00 registration fee must accompany each original registration. All of the following information must be obtained or otherwise provided for registration purposes:

(a) The person's legal name and any aliases, nicknames, ethnic or tribal names, or other names by which the person is or has been known. A person 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 created and maintained under the child abuse offenders registry act must not contain any information identifying the person's prior identity or locale.

(b) The person's Social Security number and any Social Security numbers or alleged Social Security numbers previously used by the person.

(d) The address where the person resides or will reside. If the person does not have a residential address, information under this subsection must identify the location or area used or to be used by the person in lieu of a residence or, if the person 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 person during any period in which the person is away, or is expected to be away, from his or her residence for more than 7 days. Information under this subdivision must include the dates the lodging is used or to be used.

(f) The name and address of each of the person's employers. For purposes of this subdivision, "employer" includes a contractor and any person who has agreed to hire or contract with the person for his or her services. Information under this subdivision must include the address or location of employment if different from the address of the employer. If the person lacks a fixed employment location, the information obtained under this subdivision must include the general areas where the person works.

(g) The name and address of any school being attended by the person and any school that has accepted the person 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 person or routinely used by the person.

(i) The person's driver license number or state personal

identification card number.

(j) A digital copy of the person's passport and other immigration documents.

(k) The person's occupational and professional licensing information, including any license that authorizes the person to engage in any occupation, profession, trade, or business.

(l) A brief summary of the person's convictions for child 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.

(m) A complete physical description of the person.

(n) The photograph required under section 7.

(o) The person's fingerprints if not already on file with the department and the person's palm prints. A person required to be registered under this act shall have his or her fingerprints or palm prints or both taken not later than September 1, 2020 if his or her fingerprints or palm prints are not already on file with the department. The department shall forward a copy of the person's fingerprints and palm prints to the Federal Bureau of Investigation if not already on file with that bureau.

(p) Information that is required to be reported under section 5.

(2) A registration must contain all of the following:

(a) An electronic copy of the person'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 child abuse offense for which the person is registered.

(d) 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).

(e) The person's complete criminal history record, including the dates of all arrests and convictions.

(f) The person's Michigan department of corrections number and status of parole, probation, or supervised release.

(g) The person's Federal Bureau of Investigation number.

(3) The form used for notification of duties under this act must contain a written statement that explains the duty of the person being registered to provide notice of changes in his or her registration information, the procedures for providing that notice, and the verification procedures under section 7.

(4) The person shall sign a registration and notice. However, the registration and notice must be forwarded to the department regardless of whether the person signs it or pays the registration fee required under subsection (1).

(5) The officer, court, or an employee of the agency registering the person or receiving or accepting a registration under section 4 shall sign the registration form.

(6) A person 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 6 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 other registering jurisdictions,

as provided by law.

Sec. 12. (1) Except as provided in subsections (2), (3), and (4), a person required to be registered under this act who willfully violates this act is guilty of a felony punishable as follows:

(a) If the person has no prior convictions for a violation of this act, by imprisonment for not more than 4 years or a fine of not more than $2,000.00, or both.

(b) If the person has 1 prior conviction for a violation of this act, by imprisonment for not more than 7 years or a fine of not more than $5,000.00, or both.

(c) If the person has 2 or more prior convictions for violations of this act, by imprisonment for not more than 10 years or a fine of not more than $10,000.00, or both.

(2) A person who fails to comply with section 7, other than payment of the fee required under section 7(6), is guilty of a misdemeanor punishable by imprisonment for not more than 2 years or a fine of not more than $2,000.00, or both.

(3) A person who willfully fails to sign a registration and notice as provided in section 11(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) A person who willfully refuses or fails to pay the registration fee prescribed in section 7(6) or section 11(1) within 90 days of the date the person reports under section 5 or 7 is guilty of a misdemeanor punishable by imprisonment for not more than 90 days.

(5) The court shall revoke the probation of a person placed on probation who willfully violates this act.

(6) The parole board shall rescind the parole of a person released on parole who willfully violates this act.

(7) A person's failure to register as required by this act or a violation of section 6 may be prosecuted in the judicial district of any of the following:

(a) The person's last registered address or residence.

(b) The person's actual address or residence.

Sec. 13. (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) Except as provided in this act, a person 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.

(3) A person whose registration or report is revealed in violation of this act has a civil cause of action against the responsible party for treble damages.

Enacting section 1. This act takes effect 90 days after the date it is enacted into law.

Enacting section 2. This act does not take effect unless Senate Bill No.____ or House Bill No. 4527 (request no. 00651'19) of the 100th Legislature is enacted into law.