SENATE BILL NO. 11 January 13, 1999, Introduced by Senator BOUCHARD and referred to the Committee on Judiciary. A bill to amend 1994 PA 295, entitled "Sex offenders registration act," by amending sections 1, 2, 3, 4, 5, 7, 9, and 10 (MCL 28.721, 28.722, 28.723, 28.724, 28.725, 28.727, 28.729, and 28.730), section 3 as amended by 1995 PA 10 and sections 7 and 10 as amended by 1996 PA 494, and by adding section 5a. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 1. This act shall be known and may be cited as the 2 "sex AND CHILD offenders registration act". 3 Sec. 2. As used in this act: 4 (a) "Convicted" means 1 of the following: 5 (i) Having a judgment of conviction or a probation order 6 entered in a court having jurisdiction over criminal offenses, 7 including a conviction subsequently set asidepursuant to Act8No. 213 of the Public Acts of 1965, being sections 780.621 to00029'99 JOJ 2 1780.624 of the Michigan Compiled LawsUNDER 1965 PA 213, 2 MCL 780.621 TO 780.624. 3 (ii) Being assigned to youthful trainee statuspursuant to4 UNDER sections 11 to 15 of chapter II of the code of criminal 5 procedure,Act No. 175 of the Public Acts of 1927, being sec-6tions 762.11 to 762.15 of the Michigan Compiled Laws1927 PA 7 175, MCL 762.12 TO 762.15. 8 (iii) HavingaAN ORDER OF disposition enteredpursuant9toUNDER section 18 of chapter XIIA ofAct No. 288 of the10Public Acts of 1939, being section 712A.18 of the Michigan11Compiled Laws1939 PA 288, MCL 712A.18, that is open to the gen- 12 eral publicpursuant toUNDER section 28 of chapter XIIA of 13Act No. 288 of the Public Acts of 1939, being section 712A.28 of14the Michigan Compiled Laws1939 PA 288, MCL 712A.28. 15 (b) "Department" means the department of state police. 16 (C) "FELONY" MEANS AN OFFENSE THAT IS PUNISHABLE BY IMPRIS- 17 ONMENT FOR MORE THAN 1 YEAR OR AN OFFENSE EXPRESSLY DESIGNATED BY 18 LAW AS A FELONY. 19 (D)(c)"Local law enforcement agency" means the police 20 department of a municipality. 21 (E)(d)"Listed offense" means any of the following: 22 (i) A violation of section 145a, 145b, or 145c of the 23 Michigan penal code,Act No. 328 of the Public Acts of 1931,24being sections 750.145a, 750.145b, and 750.145c of the Michigan25Compiled Laws1931 PA 328, MCL 750.145A, 750.145B, AND 750.145C. 26 (ii) A third or subsequent violation of any combination of 27 the following: 00029'99 3 1 (A) Section 167(1)(f) ofAct No. 328 of the Public Acts of21931, being section 750.167 of the Michigan Compiled LawsTHE 3 MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.167. 4 (B) Section 335a ofAct No. 328 of the Public Acts of 1931,5being section 750.335a of the Michigan Compiled LawsTHE 6 MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.335A. 7 (C) A local ordinance substantially corresponding to a sec- 8 tion described in sub-subparagraph (A) or (B). 9 (iii) A VIOLATION OF SECTION 349 OF THE MICHIGAN PENAL CODE, 10 1931 PA 328, MCL 750.349, IF THE VICTIM IS LESS THAN 18 YEARS OF 11 AGE. 12 (iv) A VIOLATION OF SECTION 350 OF THE MICHIGAN PENAL CODE, 13 1931 PA 328, MCL 750.350. 14 (v)(iii)A violation of section 455 ofAct No. 328 of15the Public Acts of 1931, being section 750.455 of the Michigan16Compiled LawsTHE MICHIGAN PENAL CODE, 1931 PA 328, 17 MCL. 750.455. 18 (vi)(iv)A violation of section 520b, 520c, 520d, 520e, 19 or 520g ofAct No. 328 of the Public Acts of 1931, being20sections 750.520b, 750.520c, 750.520d, 750.520e, and 750.520g of21the Michigan Compiled LawsTHE MICHIGAN PENAL CODE, 1931 PA 328, 22 MCL 750.520B, 750.520C, 750.520D, 750.520E, AND 750.520G. 23 (vii)(v)An attempt or conspiracy to commit an offense 24 described in subparagraphs (i) to(iv)(vi). 25 (viii)(vi)An offense substantially similar to an offense 26 described in subparagraphs (i) to(v)(vii) under a law of the 00029'99 4 1 United States, any state, or any country OR UNDER TRIBAL OR 2 MILITARY LAW. 3 (F)(e)"Municipality" means a city, village, or township 4 of this state. 5(f) "Unit" means the department's investigative resources6unit.7 Sec. 3. (1)TheSUBJECT TO SUBSECTION (2), THE following 8 individuals who are domiciled or temporarily reside in this state 9 for 14 days or more are required to be registered under this 10 act: 11 (a) An individualwho isconvicted of a listed offense 12 after October 1, 1995. 13 (b) An individual convicted of a listed offense on or before 14 October 1, 1995 who on October 1, 1995 is on probation or parole, 15 committed to jail, committed to the jurisdiction of the depart- 16 ment of corrections, or under the jurisdiction of the juvenile 17 division of the probate court or the department of social serv- 18 ices for that offense or who is placed on probation or parole, 19 committed to jail, committed to the jurisdiction of the depart- 20 ment of corrections,orplaced under the jurisdiction of the 21 juvenile division of the probate court or FAMILY DIVISION OF CIR- 22 CUIT COURT, OR COMMITTED TO the department of social services OR 23 FAMILY INDEPENDENCE AGENCY after October 1, 1995 for that 24 offense. 25 (c) An individual convicted of an offense described in 26section 2(d)(vi)SECTION 2(D)(viii) on or before October 1, 27 1995 who on October 1, 1995 is on probation or parole that has 00029'99 5 1 been transferred to this state for that offense or whose 2 probation or parole is transferred to this state after October 1, 3 1995 for that offense. 4 (2) AN INDIVIDUAL CONVICTED OF AN OFFENSE ADDED ON JANUARY 5 1, 2000 TO THE DEFINITION OF LISTED OFFENSE IS NOT REQUIRED TO BE 6 REGISTERED SOLELY BECAUSE OF THAT LISTED OFFENSE UNLESS 1 OF THE 7 FOLLOWING APPLIES: 8 (A) THE INDIVIDUAL IS CONVICTED OF THAT LISTED OFFENSE AFTER 9 JANUARY 1, 2000. 10 (B) ON JANUARY 1, 2000, THE INDIVIDUAL IS ON PROBATION OR 11 PAROLE, COMMITTED TO JAIL, COMMITTED TO THE JURISDICTION OF THE 12 DEPARTMENT OF CORRECTIONS, UNDER THE JURISDICTION OF THE FAMILY 13 DIVISION OF CIRCUIT COURT, OR COMMITTED TO THE FAMILY INDEPEN- 14 DENCE AGENCY FOR THAT OFFENSE OR THE INDIVIDUAL IS PLACED ON PRO- 15 BATION OR PAROLE, COMMITTED TO JAIL, COMMITTED TO THE JURISDIC- 16 TION OF THE DEPARTMENT OF CORRECTIONS, PLACED UNDER THE JURISDIC- 17 TION OF THE FAMILY DIVISION OF CIRCUIT COURT, OR COMMITTED TO THE 18 FAMILY INDEPENDENCE AGENCY AFTER JANUARY 1, 2000 FOR THAT 19 OFFENSE. 20 (C) ON JANUARY 1, 2000, THE INDIVIDUAL IS ON PROBATION OR 21 PAROLE FOR THAT OFFENSE WHICH HAS BEEN TRANSFERRED TO THIS STATE 22 OR THE INDIVIDUAL'S PROBATION OR PAROLE FOR THAT OFFENSE IS 23 TRANSFERRED TO THIS STATE AFTER JANUARY 1, 2000. 24 Sec. 4. (1) Registration of an individual under this act 25 shall proceed as provided in this section. 26 (2) For an individual convicted of a listed offense on or 27 before October 1, 1995 who on or before October 1, 1995 is 00029'99 6 1 sentenced for that offense, has a disposition entered for that 2 offense, or is assigned to youthful trainee status for that 3 offense, the following shall register the individual by 4 December 31, 1995: 5 (a) If the individual is on probation for the listed 6 offense, the individual's probation officer. 7 (b) If the individual is committed to jail for the listed 8 offense, the sheriff or his or her designee. 9 (c) If the individual is under the jurisdiction of the 10 department of corrections for the listed offense, the department 11 of corrections. 12 (d) If the individual is on parole for the listed offense, 13 the individual's parole officer. 14 (e) If the individual is within the jurisdiction of the 15 juvenile division of the probate court or the department of 16 social servicespursuant toUNDER an order of disposition for 17 the listed offense, the juvenile division of the probate court or 18 the department of social services. 19 (3)ForEXCEPT AS PROVIDED IN SUBSECTION (4), FOR an indi- 20 vidual convicted of a listed offense on or before October 1, 21 1995: 22 (a) If the individual is sentenced for that offense after 23 October 1, 1995 or assigned to youthful trainee status after 24 October 1, 1995, the probation officer shall register the indi- 25 vidual before sentencing or assignment. 26 (b) If the individual's probation or parole is transferred 27 to this state after October 1, 1995, the probation or parole 00029'99 7 1 officer shall register the individual within 14 days after the 2 transfer. 3 (c) If the individual is placed within the jurisdiction of 4 thejuvenileFAMILY division ofthe probateCIRCUIT court or 5 COMMITTED TO thedepartment of social services pursuant to6 FAMILY INDEPENDENCE AGENCY UNDER an order of disposition entered 7 after October 1, 1995, thejuvenileFAMILY division ofthe8probateCIRCUIT court shall register the individual before the 9 order of disposition is entered. 10 (4) FOR AN INDIVIDUAL CONVICTED ON OR BEFORE JANUARY 1, 2000 11 OF AN OFFENSE THAT WAS ADDED ON JANUARY 1, 2000 TO THE DEFINITION 12 OF LISTED OFFENSE, THE FOLLOWING SHALL REGISTER THE INDIVIDUAL: 13 (A) IF THE INDIVIDUAL IS ON PROBATION OR PAROLE ON JANUARY 14 1, 2000 FOR THE LISTED OFFENSE, THE INDIVIDUAL'S PROBATION OR 15 PAROLE OFFICER BY MARCH 31, 2000. 16 (B) IF THE INDIVIDUAL IS COMMITTED TO JAIL OR UNDER THE 17 JURISDICTION OF THE DEPARTMENT OF CORRECTIONS ON JANUARY 1, 2000 18 FOR THE LISTED OFFENSE, THE SHERIFF OR HIS OR HER DESIGNEE OR THE 19 DEPARTMENT OF CORRECTIONS BY MARCH 31, 2000. 20 (C) IF THE INDIVIDUAL IS WITHIN THE JURISDICTION OF THE 21 FAMILY DIVISION OF CIRCUIT COURT OR COMMITTED TO THE FAMILY INDE- 22 PENDENCE AGENCY ON JANUARY 1, 2000 UNDER AN ORDER OF DISPOSITION 23 FOR THE LISTED OFFENSE, THE FAMILY DIVISION OF CIRCUIT COURT OR 24 THE FAMILY INDEPENDENCE AGENCY BY MARCH 31, 2000. 25 (D) IF THE INDIVIDUAL IS SENTENCED OR ASSIGNED TO YOUTHFUL 26 TRAINEE STATUS FOR THAT OFFENSE AFTER JANUARY 1, 2000, THE 00029'99 8 1 PROBATION OFFICER SHALL REGISTER THE INDIVIDUAL BEFORE SENTENCING 2 OR ASSIGNMENT. 3 (E) IF THE INDIVIDUAL'S PROBATION OR PAROLE FOR THE LISTED 4 OFFENSE IS TRANSFERRED TO THIS STATE AFTER JANUARY 1, 2000, THE 5 PROBATION OR PAROLE OFFICER SHALL REGISTER THE INDIVIDUAL WITHIN 6 14 DAYS AFTER THE TRANSFER. 7 (F) IF THE INDIVIDUAL IS PLACED WITHIN THE JURISDICTION OF 8 THE FAMILY DIVISION OF CIRCUIT COURT OR COMMITTED TO THE FAMILY 9 INDEPENDENCE AGENCY FOR THE LISTED OFFENSE AFTER JANUARY 1, 2000, 10 THE FAMILY DIVISION OF CIRCUIT COURT SHALL REGISTER THE INDIVID- 11 UAL BEFORE THE ORDER OF DISPOSITION IS ENTERED. 12 (5)(4) For anAN individual convicted of a listed offense 13 in this state after October 1, 1995,the individualEXCEPT AN 14 INDIVIDUAL CONVICTED ON OR BEFORE JANUARY 1, 2000 OF AN OFFENSE 15 ADDED ON JANUARY 1, 2000 TO THE DEFINITION OF LISTED OFFENSE, 16 shall register before sentencing, entry of the order of disposi- 17 tion, or assignment to youthful trainee status. The probation 18 officer or thejuvenileFAMILY division ofthe probate19 CIRCUIT court shall give the individual the registration form 20 after the individual is convicted,shallexplain the duty to 21 register, andshallaccept the completed registration for pro- 22 cessingpursuant toUNDER section 6. THE COURT SHALL NOT 23 IMPOSE SENTENCE, ENTER THE ORDER OF DISPOSITION, OR ASSIGN THE 24 INDIVIDUAL TO YOUTHFUL TRAINEE STATUS UNTIL IT DETERMINES THAT 25 THE INDIVIDUAL'S REGISTRATION WAS FORWARDED TO THE DEPARTMENT AS 26 REQUIRED UNDER SECTION 6. 00029'99 9 1 (6)(5) For anAN individual convicted of a listed offense 2 in another state or country after October 1, 1995, the3individualshall register with the local law enforcement agency, 4or the state police or thesheriff's department, OR THE 5 DEPARTMENT within 14 days after becoming domiciled or temporarily 6 residing in this state. 7 Sec. 5. (1) Within 10 days after any of the following 8 occur, an individual required to be registered under this act 9 shall notify the local law enforcement agencyin whichOR 10 SHERIFF'S DEPARTMENT HAVING JURISDICTION WHERE his or her new 11addressRESIDENCE OR DOMICILE is located,or thestate12police or the sheriff'sdepartment of the individual's new 13addressRESIDENCE OR DOMICILE: 14 (a) The individual changes his or heraddressRESIDENCE OR 15 DOMICILE. 16 (b) The individual is paroled. 17 (c) Final release of the individual from the jurisdiction of 18 the department of corrections. 19 (2) Within 10 days after either of the following occurs, the 20 department of corrections shall notify the local law enforcement 21 agencyforOR SHERIFF'S DEPARTMENT HAVING JURISDICTION OVER the 22 area to which the individual is transferred,or thestate23police of the sheriff'sdepartment of the transferredaddress24 RESIDENCE OR DOMICILE of an individual required to be registered 25 under this act: 26 (a) The individual is transferred to a community residential 27 program. 00029'99 10 1 (b) The individual is transferred into a minimum custody 2 correctional facility of any kind, including a correctional camp 3 or work camp. 4 (3) AN INDIVIDUAL REGISTERED UNDER THIS ACT SHALL COMPLY 5 WITH THE VERIFICATION PROCEDURES AND PROOF OF RESIDENCE PROCE- 6 DURES PRESCRIBED IN SECTION 5A. 7 (4) AN INDIVIDUAL REQUIRED TO BE REGISTERED UNDER THIS ACT 8 SHALL NOTIFY THE DEPARTMENT ON A FORM PRESCRIBED BY THE DEPART- 9 MENT BEFORE HE OR SHE CHANGES HIS OR HER DOMICILE OR RESIDENCE TO 10 ANOTHER STATE. THE INDIVIDUAL SHALL INDICATE THE NEW STATE AND, 11 IF KNOWN, THE NEW ADDRESS. THE DEPARTMENT SHALL UPDATE THE REG- 12 ISTRATION AND COMPILATION DATA BASES AND PROMPTLY NOTIFY THE 13 APPROPRIATE LAW ENFORCEMENT AGENCY AND ANY APPLICABLE SEX 14 OFFENDER REGISTRATION AUTHORITY IN THE NEW STATE. 15 (5)(3)Except as provided in subsection(4)(6), an 16 individual shall comply with this section for 25 years after the 17 date of initially registering OR, IF THE INDIVIDUAL IS IN A STATE 18 CORRECTIONAL FACILITY, FOR 10 YEARS AFTER RELEASE FROM THE STATE 19 CORRECTIONAL FACILITY, WHICHEVER IS LONGER. 20 (6)(4)An individual shall comply with this section for 21 life if the individual is convicted of a LISTED OFFENSE THAT IS A 22 FELONY OR IS CONVICTED OF A second or subsequent listed offense 23 after October 1, 1995 regardless of whenthe firstANY EARLIER 24 listed offense was committed. 25 SEC. 5A. (1) BY JANUARY 15, 2000, THE DEPARTMENT SHALL MAIL 26 A NOTICE TO EACH INDIVIDUAL REGISTERED UNDER THIS ACT WHO IS NOT 00029'99 11 1 IN A STATE CORRECTIONAL FACILITY EXPLAINING THE INDIVIDUAL'S 2 DUTIES UNDER THIS SECTION AND THE PROCEDURE FOR VERIFICATION. 3 (2) UPON THE RELEASE OF AN INDIVIDUAL REGISTERED UNDER THIS 4 ACT WHO IS IN A STATE CORRECTIONAL FACILITY, THE DEPARTMENT OF 5 CORRECTIONS SHALL PROVIDE WRITTEN NOTICE TO THAT INDIVIDUAL 6 EXPLAINING HIS OR HER DUTIES UNDER THIS SECTION AND THE PROCEDURE 7 FOR VERIFICATION. THE INDIVIDUAL SHALL SIGN AND DATE THE NOTICE 8 AND THE DEPARTMENT OF CORRECTIONS SHALL MAINTAIN A COPY OF THE 9 SIGNED AND DATED NOTICE IN THE INDIVIDUAL'S FILE. 10 (3) BEGINNING MARCH 2000 AND WITHIN THE FIRST 14 DAYS OF 11 JANUARY, MARCH, MAY, JULY, SEPTEMBER, AND NOVEMBER OF EACH YEAR, 12 AN INDIVIDUAL REGISTERED UNDER THIS ACT WHO IS NOT INCARCERATED 13 SHALL REPORT IN PERSON TO THE LOCAL LAW ENFORCEMENT AGENCY OR 14 SHERIFF'S DEPARTMENT HAVING JURISDICTION WHERE HE OR SHE IS DOMI- 15 CILED OR RESIDES OR TO THE DEPARTMENT POST IN OR NEAREST TO THE 16 COUNTY WHERE HE OR SHE IS DOMICILED OR RESIDES. THE INDIVIDUAL 17 SHALL PRESENT PROOF OF DOMICILE OR RESIDENCE AND UPDATE ANY 18 INFORMATION THAT CHANGED SINCE REGISTRATION OR THE LAST 19 VERIFICATION. AN OFFICER OR AUTHORIZED EMPLOYEE OF THE LAW 20 ENFORCEMENT AGENCY, SHERIFF'S DEPARTMENT, OR DEPARTMENT POST 21 SHALL VERIFY THE INDIVIDUAL'S RESIDENCE OR DOMICILE, SIGN AND 22 DATE A VERIFICATION FORM, AND GIVE A COPY OF THE FORM TO THE 23 INDIVIDUAL. THE OFFICER OR EMPLOYEE SHALL FORWARD VERIFICATION 24 INFORMATION TO THE DEPARTMENT BY THE LAW ENFORCEMENT INFORMATION 25 NETWORK IN THE MANNER THE DEPARTMENT PRESCRIBES. THE DEPARTMENT 26 SHALL REVISE THE DATA BASES MAINTAINED UNDER SECTION 8 AS 00029'99 12 1 NECESSARY AND SHALL INDICATE VERIFICATION IN THE COMPILATION 2 UNDER SECTION 8(2). 3 (4) AN INDIVIDUAL REQUIRED TO BE REGISTERED UNDER THIS ACT 4 SHALL MAINTAIN EITHER A VALID OPERATOR'S OR CHAUFFEUR'S LICENSE 5 ISSUED UNDER THE MICHIGAN VEHICLE CODE, 1949 PA 300, MCL 257.1 TO 6 257.923, OR AN OFFICIAL STATE PERSONAL IDENTIFICATION CARD ISSUED 7 UNDER 1972 PA 222, MCL 28.291 TO 28.300, WITH THE INDIVIDUAL'S 8 CURRENT ADDRESS. THE LICENSE OR CARD MAY BE USED AS PROOF OF 9 DOMICILE OR RESIDENCE UNDER THIS SECTION. IN ADDITION, THE OFFI- 10 CER OR AUTHORIZED EMPLOYEE MAY REQUIRE THE INDIVIDUAL TO PRODUCE 11 ANOTHER DOCUMENT BEARING HIS OR HER NAME AND ADDRESS, INCLUDING 12 BUT NOT LIMITED TO VOTER REGISTRATION OR A UTILITY OR OTHER 13 BILL. THE DEPARTMENT MAY SPECIFY OTHER SATISFACTORY PROOF OF 14 DOMICILE OR RESIDENCE. 15 (5) IF AN INDIVIDUAL DOES NOT REPORT UNDER SUBSECTION (3), 16 THE DEPARTMENT SHALL NOTIFY THE APPROPRIATE LOCAL LAW ENFORCEMENT 17 AGENCY OR SHERIFF'S DEPARTMENT AND REQUEST THAT IT INVESTIGATE 18 WHETHER THE INDIVIDUAL RESIDES AT THE REGISTERED ADDRESS AND 19 REPORT THE RESULTS TO THE DEPARTMENT. IF IT IS DETERMINED THAT 20 AN INDIVIDUAL DOES NOT RESIDE AT THE REGISTERED ADDRESS, THE 21 DEPARTMENT SHALL REVISE THE REGISTRATION TO REFLECT THAT FACT AND 22 SHALL REMOVE THE ADDRESS FROM THE COMPILATION. 23 (6) LOCAL LAW ENFORCEMENT AGENCIES AND SHERIFF'S DEPARTMENTS 24 ARE ENCOURAGED TO VERIFY ADDRESSES OF REGISTERED INDIVIDUALS, 25 CHECK COMPLIANCE WITH THIS ACT, AND REPORT ERRORS OR DISCREPAN- 26 CIES IN THE REGISTRATION OR THE COMPILATION UNDER SECTION 8(2) TO 27 THE DEPARTMENT. 00029'99 13 1 (7) THE DEPARTMENT SHALL PRESCRIBE THE FORM FOR THE NOTICES 2 AND VERIFICATION PROCEDURES REQUIRED UNDER THIS SECTION. 3 Sec. 7. (1) A registration under this act shall be made on 4 a form provided by the department and shall be forwarded to the 5 department in the format the department prescribes. A registra- 6 tion shall contain all of the following: 7 (a) The individual's name, social security number, date of 8 birth, and address or expected address. AN INDIVIDUAL WHO IS IN 9 A WITNESS PROTECTION AND RELOCATION PROGRAM IS ONLY REQUIRED TO 10 USE THE NAME AND IDENTIFYING INFORMATION REFLECTING HIS OR HER 11 NEW IDENTITY IN A REGISTRATION UNDER THIS ACT. An individual reg- 12 istered under this act beforethe effective date of the 199613amendatory act that amended this sectionAPRIL 1, 1997 shall 14 provide the department with his or her date of birth upon the 15 department's request. 16 (b) A brief summary of the individual's convictions for 17 listed offenses REGARDLESS OF WHEN THE CONVICTION OCCURRED, 18 including where the offense occurred and the original charge if 19 the conviction was for a lesser offense. 20 (c) A complete physical description of the individual. 21 (2) A registration may contain the following: 22 (a) The individual's blood type and whether a DNA identifi- 23 cation profile of the individual is available. 24 (b) A recent photograph of the individual. 25 (3) The form used for registration under this act shall con- 26 tain a written statement that explains the duty of the individual 27 being registered to provide notice of a change of address under 00029'99 14 1 section 5,andthe procedures for providing that notice, AND 2 THE VERIFICATION PROCEDURES UNDER SECTION 5A. 3 (4) The individual may sign the registration or notice. 4 (5) The officer, court, or an employee of the agency regis- 5 tering the individual or receiving or accepting a registration 6 under section 4 shall sign the registration form. 7 (6) An individual shall not knowingly provide false or mis- 8 leading information concerning a registration,ornotice, OR 9 VERIFICATION. 10 (7) The department shall prescribe the form for a notifica- 11 tion required under section 5 and the format for forwarding the 12 notification to the department. 13 Sec. 9. (1) An individual required to be registered under 14 this act who willfully violates this act is guilty of a felony 15 punishable AS FOLLOWS: 16 (A) IF THE INDIVIDUAL HAS NO PRIOR CONVICTIONS FOR A VIOLA- 17 TION OF THIS ACT, OTHER THAN A FAILURE TO COMPLY WITH SECTION 5A, 18 by imprisonment for not more than 4 years or a fine of not more 19 than $2,000.00, or both. 20 (B) IF THE INDIVIDUAL HAS 1 PRIOR CONVICTION FOR A VIOLATION 21 OF THIS ACT, OTHER THAN A FAILURE TO COMPLY WITH SECTION 5A, BY 22 IMPRISONMENT FOR NOT MORE THAN 7 YEARS OR A FINE OF NOT MORE THAN 23 $5,000.00, OR BOTH. 24 (C) IF THE INDIVIDUAL HAS 2 OR MORE PRIOR CONVICTIONS FOR 25 VIOLATIONS OF THIS ACT, OTHER THAN A FAILURE TO COMPLY WITH SEC- 26 TION 5A, BY IMPRISONMENT FOR NOT MORE THAN 10 YEARS OR A FINE OF 27 NOT MORE THAN $10,000.00, OR BOTH. 00029'99 15 1 (2) AN INDIVIDUAL WHO FAILS TO COMPLY WITH SECTION 5A IS 2 GUILTY OF A MISDEMEANOR PUNISHABLE AS FOLLOWS: 3 (A) IF THE INDIVIDUAL HAS NO PRIOR CONVICTIONS FOR FAILURE 4 TO COMPLY WITH SECTION 5A, BY IMPRISONMENT FOR NOT MORE THAN 93 5 DAYS OR A FINE OF NOT MORE THAN $500.00, OR BOTH. 6 (B) IF THE INDIVIDUAL HAS 1 PRIOR CONVICTION FOR FAILURE TO 7 COMPLY WITH SECTION 5A, BY IMPRISONMENT FOR NOT MORE THAN 6 8 MONTHS OR A FINE OF NOT MORE THAN $700.00, OR BOTH. 9 (C) IF THE INDIVIDUAL HAS 2 OR MORE PRIOR CONVICTIONS FOR 10 FAILURE TO COMPLY WITH SECTION 5A, BY IMPRISONMENT FOR NOT MORE 11 THAN 1 YEAR OR A FINE OF NOT MORE THAN $1,000.00, OR BOTH. 12 (3)(2)The court shall revoke the probation of an indi- 13 vidual placed on probation who willfully violates this act. 14 (4)(3)The court shall revoke the youthful trainee status 15 of an individual assigned to youthful trainee status who will- 16 fully violates this act. 17 (5)(4)The parole board shall rescind the parole of an 18 individual released on parole who willfully violates this act. 19 (6) AN INDIVIDUAL'S FAILURE TO REGISTER AS REQUIRED BY THIS 20 ACT OR A VIOLATION OF SECTION 5(1), (3), OR (4) MAY BE PROSECUTED 21 IN THE JURISDICTION OF ANY OF THE FOLLOWING: 22 (A) THE INDIVIDUAL'S LAST REGISTERED ADDRESS OR RESIDENCE. 23 (B) THE INDIVIDUAL'S ACTUAL ADDRESS OR RESIDENCE. 24 (C) WHERE THE INDIVIDUAL WAS ARRESTED FOR THE VIOLATION. 25 Sec. 10. (1) Except as provided in this act, a registration 26 is confidential and shall not be open to inspection except for 27 law enforcement purposes. The registration and all included 00029'99 16 1 materials and information are exempt from disclosurepursuant2toUNDER section 13 of the freedom of information act,Act3No. 442 of the Public Acts of 1976, being section 15.243 of the4Michigan Compiled Laws1976 PA 442, MCL 15.243. 5 (2) A department post, local law enforcement agency, or 6 sheriff's department shall make information from the compilation 7 described in section 8(2) for the zip code areas located in whole 8 or in part within the post's, agency's, or sheriff's department's 9 jurisdiction available for public inspection during regular busi- 10 ness hours. A department post, local law enforcement agency, or 11 sheriff's department is not required to make a copy of the infor- 12 mation for a member of the public. 13 (3) The department may make information from the compilation 14 described in section 8(2) available to the public through elec- 15 tronic, computerized, or other accessible means. 16 (4) Except as provided in this act, an individual other than 17 the registrant who knows of a registration under this act and who 18 divulges, uses, or publishes NONPUBLIC information concerning the 19 registration in violation of this act is guilty of a misdemeanor 20 punishable by imprisonment for not more than 90 days or a fine of 21 not more than $500.00, or both. 22 (5) An individual whose registration is revealed in viola- 23 tion of this act has a civil cause of action against the respon- 24 sible party for treble damages. 25 (6) Subsections (4) and (5) do not apply to the compilation 26 described in section 8(2) or information from that compilation 27 that is provided or made available under section 8(2) or under 00029'99 17 1 subsection (2) or (3). A PERSON DOES NOT HAVE ANY OTHER CAUSE OF 2 ACTION AGAINST ANOTHER PERSON FOR DISCLOSURE OF INFORMATION FROM 3 THAT COMPILATION THAT IS PROVIDED OR MADE AVAILABLE UNDER SECTION 4 8(2) OR UNDER SUBSECTION (2) OR (3) UNLESS THAT OTHER PERSON 5 ACTED WITH GROSS NEGLIGENCE OR IN BAD FAITH. 6 Enacting section 1. This amendatory act takes effect 7 January 1, 2000. 00029'99 Final page. JOJ