SENATE BILL NO. 566 May 4, 1999, Introduced by Senator HAMMERSTROM and referred to the Committee on Families, Mental Health and Human Services. A bill to amend 1994 PA 295, entitled "Sex offenders registration act," by amending sections 2, 3, 4, 5, 7, 9, and 10 (MCL 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. 2. As used in this act: 2 (a) "Convicted" means 1 of the following: 3 (i) Having a judgment of conviction or a probation order 4 entered in a court having jurisdiction over criminal offenses, 5 INCLUDING BUT NOT LIMITED TO A TRIBAL COURT OR A MILITARY COURT, 6 AND including a conviction subsequently set asidepursuant to7Act No. 213 of the Public Acts of 1965, being sections 780.621 to02168'99 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) "Local law enforcement agency" means the police depart- 17 ment of a municipality. 18 (d) "Listed offense" means any of the following: 19 (i) A violation of section 145a, 145b, or 145c of the 20 Michigan penal code,Act No. 328 of the Public Acts of 1931,21being sections 750.145a, 750.145b, and 750.145c of the Michigan22Compiled Laws1931 PA 328, MCL 750.145A, 750.145B, AND 750.145C. 23 (ii) A VIOLATION OF SECTION 158 OF THE MICHIGAN PENAL CODE, 24 1931 PA 328, MCL 750.158, IF A VICTIM IS AN INDIVIDUAL LESS THAN 25 18 YEARS OF AGE. 26 (iii)(ii)A third or subsequent violation of any 27 combination of the following: 02168'99 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 OF A MUNICIPALITY substantially corre- 8 sponding to a section described in sub-subparagraph (A) or (B). 9 (iv) A VIOLATION OF SECTION 338, 338A, OR 338B OF THE 10 MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.338, 750.338A, AND 11 750.338B, IF A VICTIM IS AN INDIVIDUAL LESS THAN 18 YEARS OF AGE. 12 (v) A VIOLATION OF SECTION 349 OF THE MICHIGAN PENAL CODE, 13 1931 PA 328, MCL 750.349, IF A VICTIM IS AN INDIVIDUAL LESS THAN 14 18 YEARS OF AGE. 15 (vi) A VIOLATION OF SECTION 350 OF THE MICHIGAN PENAL CODE, 16 1931 PA 328, MCL 750.350. 17 (vii) A VIOLATION OF SECTION 448 OF THE MICHIGAN PENAL CODE, 18 1931 PA 328, MCL 750.448, IF A VICTIM IS AN INDIVIDUAL LESS THAN 19 18 YEARS OF AGE. 20 (viii)(iii)A violation of section 455 ofAct No. 328 of21the Public Acts of 1931, being section 750.455 of the Michigan22Compiled LawsTHE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.455. 23 (ix)(iv)A violation of section 520b, 520c, 520d, 520e, 24 or 520g ofAct No. 328 of the Public Acts of 1931, being25sections 750.520b, 750.520c, 750.520d, 750.520e, and 750.520g of26the Michigan Compiled LawsTHE MICHIGAN PENAL CODE, 1931 PA 328, 27 MCL 750.520B, 750.520C, 750.520D, 750.520E, AND 750.520G. 02168'99 4 1 (x) ANY OTHER VIOLATION OF A LAW OF THIS STATE OR A LOCAL 2 ORDINANCE OF A MUNICIPALITY THAT BY ITS NATURE CONSTITUTES A 3 SEXUAL OFFENSE AGAINST AN INDIVIDUAL WHO IS LESS THAN 18 YEARS OF 4 AGE. 5 (xi) AN OFFENSE COMMITTED BY A PERSON WHO WAS, AT THE TIME 6 OF THE OFFENSE, A SEXUALLY DELINQUENT PERSON AS DEFINED IN SEC- 7 TION 10A OF THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.10A. 8 (xii)(v)An attempt or conspiracy to commit an offense 9 described in subparagraphs (i) to(iv)(xi). 10 (xiii)(vi)An offense substantially similar to an offense 11 described in subparagraphs (i) to(v)(xii) under a law of the 12 United States, any state, or any country OR UNDER TRIBAL OR MILI- 13 TARY LAW. 14 (e) "Municipality" means a city, village, or township of 15 this state. 16 (f)"Unit" means the department's investigative resources17unit."STUDENT" MEANS AN INDIVIDUAL ENROLLED ON A FULL- OR 18 PART-TIME BASIS IN A PUBLIC OR PRIVATE EDUCATIONAL INSTITUTION, 19 INCLUDING BUT NOT LIMITED TO A SECONDARY SCHOOL, TRADE SCHOOL, 20 PROFESSIONAL INSTITUTION, OR INSTITUTION OF HIGHER EDUCATION. 21 Sec. 3. (1)TheSUBJECT TO SUBSECTION (2), THE following 22 individuals who are domiciled or temporarily reside in this state 23 for 14daysor more CONSECUTIVE DAYS, WHO WORK WITH OR WITHOUT 24 COMPENSATION OR ARE STUDENTS IN THIS STATE FOR 14 OR MORE CONSEC- 25 UTIVE DAYS, OR WHO ARE DOMICILED, RESIDE, OR WORK WITH OR WITHOUT 26 COMPENSATION OR ARE STUDENTS IN THIS STATE FOR 30 OR MORE TOTAL 02168'99 5 1 DAYS IN A CALENDAR YEAR are required to be registered under this 2 act: 3 (a) An individual who is convicted of a listed offense after 4 October 1, 1995. 5 (b) An individual convicted of a listed offense on or before 6 October 1, 1995whoIF on October 1, 1995 HE OR SHE is on pro- 7 bation or parole, committed to jail, committed to the jurisdic- 8 tion of the department of corrections, or under the jurisdiction 9 of the juvenile division of the probate court or the department 10 of social services for that offense orwhois placed on proba- 11 tion or parole, committed to jail, committed to the jurisdiction 12 of the department of corrections,orplaced under the jurisdic- 13 tion of the juvenile division of the probate court or FAMILY 14 DIVISION OF CIRCUIT COURT, OR COMMITTED TO the department of 15 social services OR FAMILY INDEPENDENCE AGENCY after October 1, 16 1995 for that offense. 17 (c) An individual convicted of an offense described in sec- 18 tion2(d)(vi)2(D)(xiii) on or before October 1, 1995whoIF 19 on October 1, 1995 HE OR SHE is on probation or parole that has 20 been transferred to this state for that offense orwhoseHIS OR 21 HER probation or parole is transferred to this state after 22 October 1, 1995 for that offense. 23 (D) AN INDIVIDUAL FROM ANOTHER STATE WHO IS REQUIRED TO REG- 24 ISTER OR OTHERWISE BE IDENTIFIED AS A SEX OR CHILD OFFENDER OR 25 PREDATOR UNDER A COMPARABLE STATUTE OF THAT STATE. 26 (2) AN INDIVIDUAL CONVICTED OF AN OFFENSE ADDED ON SEPTEMBER 27 1, 1999 TO THE DEFINITION OF LISTED OFFENSE IS NOT REQUIRED TO BE 02168'99 6 1 REGISTERED SOLELY BECAUSE OF THAT LISTED OFFENSE UNLESS 1 OF THE 2 FOLLOWING APPLIES: 3 (A) THE INDIVIDUAL IS CONVICTED OF THAT LISTED OFFENSE AFTER 4 SEPTEMBER 1, 1999. 5 (B) ON SEPTEMBER 1, 1999, THE INDIVIDUAL IS ON PROBATION OR 6 PAROLE, COMMITTED TO JAIL, COMMITTED TO THE JURISDICTION OF THE 7 DEPARTMENT OF CORRECTIONS, UNDER THE JURISDICTION OF THE FAMILY 8 DIVISION OF CIRCUIT COURT, OR COMMITTED TO THE FAMILY INDEPEN- 9 DENCE AGENCY FOR THAT OFFENSE OR THE INDIVIDUAL IS PLACED ON PRO- 10 BATION OR PAROLE, COMMITTED TO JAIL, COMMITTED TO THE JURISDIC- 11 TION OF THE DEPARTMENT OF CORRECTIONS, PLACED UNDER THE JURISDIC- 12 TION OF THE FAMILY DIVISION OF CIRCUIT COURT, OR COMMITTED TO THE 13 FAMILY INDEPENDENCE AGENCY AFTER SEPTEMBER 1, 1999 FOR THAT 14 OFFENSE. 15 (C) ON SEPTEMBER 1, 1999, THE INDIVIDUAL IS ON PROBATION OR 16 PAROLE FOR THAT OFFENSE WHICH HAS BEEN TRANSFERRED TO THIS STATE 17 OR THE INDIVIDUAL'S PROBATION OR PAROLE FOR THAT OFFENSE IS 18 TRANSFERRED TO THIS STATE AFTER SEPTEMBER 1, 1999. 19 Sec. 4. (1) Registration of an individual under this act 20 shall proceed as provided in this section. 21 (2) For an individual convicted of a listed offense on or 22 before October 1, 1995 who on or before October 1, 1995 is sen- 23 tenced for that offense, has a disposition entered for that 24 offense, or is assigned to youthful trainee status for that 25 offense, the following shall register the individual by 26 December 31, 1995: 02168'99 7 1 (a) If the individual is on probation for the listed 2 offense, the individual's probation officer. 3 (b) If the individual is committed to jail for the listed 4 offense, the sheriff or his or her designee. 5 (c) If the individual is under the jurisdiction of the 6 department of corrections for the listed offense, the department 7 of corrections. 8 (d) If the individual is on parole for the listed offense, 9 the individual's parole officer. 10 (e) If the individual is within the jurisdiction of the 11 juvenile division of the probate court or the department of 12 social servicespursuant toUNDER an order of disposition for 13 the listed offense, the juvenile division of the probate court or 14 the department of social services. 15 (3)ForEXCEPT AS PROVIDED IN SUBSECTION (4), FOR an indi- 16 vidual convicted of a listed offense on or before October 1, 17 1995: 18 (a) If the individual is sentenced for that offense after 19 October 1, 1995 or assigned to youthful trainee status after 20 October 1, 1995, the probation officer shall register the indi- 21 vidual before sentencing or assignment. 22 (b) If the individual's probation or parole is transferred 23 to this state after October 1, 1995, the probation or parole 24 officer shall register the individual within 14 days after the 25 transfer. 26 (c) If the individual is placed within the jurisdiction of 27 thejuvenileFAMILY division ofthe probateCIRCUIT court or 02168'99 8 1 COMMITTED TO the department of social servicespursuant toOR 2 FAMILY INDEPENDENCE AGENCY UNDER an order of disposition entered 3 after October 1, 1995, the juvenile division of the probate court 4 OR FAMILY DIVISION OF CIRCUIT COURT shall register the individual 5 before the order of disposition is entered. 6 (4) FOR AN INDIVIDUAL CONVICTED ON OR BEFORE SEPTEMBER 1, 7 1999 OF AN OFFENSE THAT WAS ADDED ON SEPTEMBER 1, 1999 TO THE 8 DEFINITION OF LISTED OFFENSE, THE FOLLOWING SHALL REGISTER THE 9 INDIVIDUAL: 10 (A) IF THE INDIVIDUAL IS ON PROBATION OR PAROLE ON SEPTEMBER 11 1, 1999 FOR THE LISTED OFFENSE, THE INDIVIDUAL'S PROBATION OR 12 PAROLE OFFICER NOT LATER THAN SEPTEMBER 12, 1999. 13 (B) IF THE INDIVIDUAL IS COMMITTED TO JAIL ON SEPTEMBER 1, 14 1999 FOR THE LISTED OFFENSE, THE SHERIFF OR HIS OR HER DESIGNEE 15 NOT LATER THAN SEPTEMBER 12, 1999. 16 (C) IF THE INDIVIDUAL IS UNDER THE JURISDICTION OF THE 17 DEPARTMENT OF CORRECTIONS ON SEPTEMBER 1, 1999 FOR THE LISTED 18 OFFENSE, THE DEPARTMENT OF CORRECTIONS NOT LATER THAN NOVEMBER 19 30, 1999. 20 (D) IF THE INDIVIDUAL IS WITHIN THE JURISDICTION OF THE 21 FAMILY DIVISION OF CIRCUIT COURT OR COMMITTED TO THE FAMILY INDE- 22 PENDENCE AGENCY OR COUNTY JUVENILE AGENCY ON SEPTEMBER 1, 1999 23 UNDER AN ORDER OF DISPOSITION FOR THE LISTED OFFENSE, THE FAMILY 24 DIVISION OF CIRCUIT COURT, THE FAMILY INDEPENDENCE AGENCY, OR THE 25 COUNTY JUVENILE AGENCY NOT LATER THAN NOVEMBER 30, 1999. 26 (E) IF THE INDIVIDUAL IS SENTENCED OR ASSIGNED TO YOUTHFUL 27 TRAINEE STATUS FOR THAT OFFENSE AFTER SEPTEMBER 1, 1999, THE 02168'99 9 1 PROBATION OFFICER SHALL REGISTER THE INDIVIDUAL BEFORE SENTENCING 2 OR ASSIGNMENT. 3 (F) IF THE INDIVIDUAL'S PROBATION OR PAROLE FOR THE LISTED 4 OFFENSE IS TRANSFERRED TO THIS STATE AFTER SEPTEMBER 1, 1999, THE 5 PROBATION OR PAROLE OFFICER SHALL REGISTER THE INDIVIDUAL WITHIN 6 14 DAYS AFTER THE TRANSFER. 7 (G) 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 SEPTEMBER 1, 10 1999, THE FAMILY DIVISION OF CIRCUIT COURT SHALL REGISTER THE 11 INDIVIDUAL 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 individualshall reg- 14 ister before sentencing, entry of the order of disposition, or 15 assignment to youthful trainee status. The probation officer or 16 thejuvenileFAMILY division ofthe probateCIRCUIT court 17 shall give the individual the registration form after the indi- 18 vidual is convicted,shallexplain the duty to register, VERIFY 19 HIS OR HER ADDRESS, AND PROVIDE NOTICE OF ADDRESS CHANGES, and 20shallaccept the completed registration for processing 21pursuant toUNDER section 6. THE COURT SHALL NOT IMPOSE SEN- 22 TENCE, ENTER THE ORDER OF DISPOSITION, OR ASSIGN THE INDIVIDUAL 23 TO YOUTHFUL TRAINEE STATUS UNTIL IT DETERMINES THAT THE 24 INDIVIDUAL'S REGISTRATION WAS FORWARDED TO THE DEPARTMENT AS 25 REQUIRED UNDER SECTION 6. 26 (6)(5) For anAN individual convicted of a listed offense 27 in another state or country after October 1, 1995, the02168'99 10 1individualOR REQUIRED TO BE REGISTERED AS A SEX OFFENDER OR 2 PREDATOR IN ANOTHER STATE shall register with the local law 3 enforcement agency,or the state police or thesheriff's 4 department, OR THE DEPARTMENT within 14 days after becoming domi- 5 ciled or temporarily residing, WORKING, OR BEING A STUDENT in 6 this state FOR THE PERIODS SPECIFIED IN SECTION 3(1). 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, 15 DOMICILE, OR PLACE OF WORK OR EDUCATION. 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. 02168'99 11 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 REQUIRED TO BE REGISTERED UNDER THIS ACT 5 SHALL NOTIFY THE DEPARTMENT ON A FORM PRESCRIBED BY THE DEPART- 6 MENT NOT LATER THAN 10 DAYS BEFORE HE OR SHE CHANGES HIS OR HER 7 DOMICILE OR RESIDENCE TO ANOTHER STATE. THE INDIVIDUAL SHALL 8 INDICATE THE NEW STATE AND, IF KNOWN, THE NEW ADDRESS. THE 9 DEPARTMENT SHALL UPDATE THE REGISTRATION AND COMPILATION DATA- 10 BASES AND PROMPTLY NOTIFY THE APPROPRIATE LAW ENFORCEMENT AGENCY 11 AND ANY APPLICABLE SEX OR CHILD OFFENDER REGISTRATION AUTHORITY 12 IN THE NEW STATE. 13 (4) IF THE PROBATION OR PAROLE OF AN INDIVIDUAL REQUIRED TO 14 BE REGISTERED UNDER THIS ACT IS TRANSFERRED TO ANOTHER STATE OR 15 AN INDIVIDUAL REQUIRED TO BE REGISTERED UNDER THIS ACT IS TRANS- 16 FERRED FROM A STATE CORRECTIONAL FACILITY TO ANY CORRECTIONAL 17 FACILITY OR PROBATION OR PAROLE IN ANOTHER STATE, THE DEPARTMENT 18 OF CORRECTIONS SHALL PROMPTLY NOTIFY THE DEPARTMENT AND THE 19 APPROPRIATE LAW ENFORCEMENT AGENCY AND ANY APPLICABLE SEX OR 20 CHILD OFFENDER REGISTRATION AUTHORITY IN THE NEW STATE. THE 21 DEPARTMENT SHALL UPDATE THE REGISTRATION AND COMPILATION 22 DATABASES. 23 (5) AN INDIVIDUAL REGISTERED UNDER THIS ACT SHALL COMPLY 24 WITH THE VERIFICATION PROCEDURES AND PROOF OF RESIDENCE PROCE- 25 DURES PRESCRIBED IN SECTION 5A. 26 (6)(3)Except as provided in subsection(4)(7), an 27 individual shall comply with this section for 25 years after the 02168'99 12 1 date of initially registering OR, IF THE INDIVIDUAL IS IN A STATE 2 CORRECTIONAL FACILITY, FOR 10 YEARS AFTER RELEASE FROM THE STATE 3 CORRECTIONAL FACILITY, WHICHEVER IS LONGER. 4 (7)(4)An individual shall comply with this section for 5 life if the individual is convicted of ANY OF THE FOLLOWING OR A 6 SUBSTANTIALLY SIMILAR OFFENSE UNDER A LAW OF THE UNITED STATES, 7 ANY STATE, OR ANY COUNTRY OR UNDER TRIBAL OR MILITARY LAW: 8 (A) A VIOLATION OF SECTION 520B OF THE MICHIGAN PENAL CODE, 9 1931 PA 328, MCL 750.520B. 10 (B) A VIOLATION OF SECTION 520C(1)(A) OF THE MICHIGAN PENAL 11 CODE, 1931 PA 328, MCL 750.520C. 12 (C) A VIOLATION OF SECTION 349 OF THE MICHIGAN PENAL CODE, 13 1931 PA 328, MCL 750.349, IF THE VICTIM IS LESS THAN 18 YEARS OF 14 AGE. 15 (D) A VIOLATION OF SECTION 350 OF THE MICHIGAN PENAL CODE, 16 1931 PA 328, MCL 750.350. 17 (E) AN ATTEMPT OR CONSPIRACY TO COMMIT AN OFFENSE DESCRIBED 18 IN SUBDIVISIONS (A) TO (D). 19 (F) EXCEPT AS PROVIDED IN THIS SUBDIVISION, a second or sub- 20 sequent listed offense after October 1, 1995 regardless of when 21the firstANY EARLIER listed offense was committed. AN INDI- 22 VIDUAL IS NOT REQUIRED TO COMPLY WITH THIS SECTION FOR LIFE IF 23 HIS OR HER FIRST OR SECOND LISTED OFFENSE IS FOR A CONVICTION ON 24 OR BEFORE SEPTEMBER 1, 1999 FOR AN OFFENSE THAT WAS ADDED ON 25 SEPTEMBER 1, 1999 TO THE DEFINITION OF LISTED OFFENSE, UNLESS HE 26 OR SHE IS CONVICTED OF A SUBSEQUENT LISTED OFFENSE AFTER 27 SEPTEMBER 1, 1999. 02168'99 13 1 SEC. 5A. (1) NOT LATER THAN SEPTEMBER 1, 1999, THE 2 DEPARTMENT SHALL MAIL A NOTICE TO EACH INDIVIDUAL REGISTERED 3 UNDER THIS ACT WHO IS NOT IN A STATE CORRECTIONAL FACILITY 4 EXPLAINING THE INDIVIDUAL'S DUTIES UNDER THIS SECTION AND THIS 5 ACT AS AMENDED AND THE PROCEDURE FOR REGISTRATION, NOTIFICATION, 6 AND VERIFICATION. 7 (2) UPON THE RELEASE OF AN INDIVIDUAL REGISTERED UNDER THIS 8 ACT WHO IS IN A STATE CORRECTIONAL FACILITY, THE DEPARTMENT OF 9 CORRECTIONS SHALL PROVIDE WRITTEN NOTICE TO THAT INDIVIDUAL 10 EXPLAINING HIS OR HER DUTIES UNDER THIS SECTION AND THIS ACT AS 11 AMENDED AND THE PROCEDURE FOR REGISTRATION, NOTIFICATION, AND 12 VERIFICATION. THE INDIVIDUAL SHALL SIGN AND DATE THE NOTICE. 13 THE DEPARTMENT OF CORRECTIONS SHALL MAINTAIN A COPY OF THE SIGNED 14 AND DATED NOTICE IN THE INDIVIDUAL'S FILE. THE DEPARTMENT OF 15 CORRECTIONS SHALL FORWARD THE ORIGINAL NOTICE TO THE DEPARTMENT 16 WITHIN 30 DAYS, REGARDLESS OF WHETHER THE INDIVIDUAL SIGNS IT. 17 (3) NOT LATER THAN JANUARY 15, 2000, AN INDIVIDUAL REGIS- 18 TERED UNDER THIS ACT WHO IS NOT INCARCERATED SHALL REPORT IN 19 PERSON TO THE LOCAL LAW ENFORCEMENT AGENCY OR SHERIFF'S DEPART- 20 MENT HAVING JURISDICTION WHERE HE OR SHE IS DOMICILED OR RESIDES 21 OR TO THE DEPARTMENT POST IN OR NEAREST TO THE COUNTY WHERE HE OR 22 SHE IS DOMICILED OR RESIDES. THE INDIVIDUAL SHALL PRESENT PROOF 23 OF DOMICILE OR RESIDENCE AND UPDATE ANY INFORMATION THAT CHANGED 24 SINCE REGISTRATION. AN INDIVIDUAL REGISTERED UNDER THIS ACT WHO 25 IS INCARCERATED ON JANUARY 15, 2000 SHALL REPORT UNDER THIS SUB- 26 SECTION NOT LESS THAN 10 DAYS AFTER HE OR SHE IS RELEASED. 02168'99 14 1 (4) FOLLOWING INITIAL VERIFICATION UNDER SUBSECTION (3), OR 2 REGISTRATION UNDER THIS ACT AFTER JANUARY 15, 2000, AN INDIVIDUAL 3 REQUIRED TO BE REGISTERED UNDER THIS ACT WHO IS NOT INCARCERATED 4 SHALL REPORT IN PERSON TO THE LOCAL LAW ENFORCEMENT AGENCY OR 5 SHERIFF'S DEPARTMENT HAVING JURISDICTION WHERE HE OR SHE IS DOMI- 6 CILED OR RESIDES OR TO THE DEPARTMENT POST IN OR NEAREST TO THE 7 COUNTY WHERE HE OR SHE IS DOMICILED OR RESIDES FOR VERIFICATION 8 OF DOMICILE OR RESIDENCE AS FOLLOWS: 9 (A) IF THE PERSON IS REGISTERED ONLY FOR 1 OR MORE MISDE- 10 MEANOR LISTED OFFENSES, NOT EARLIER THAN JANUARY 1 OR LATER THAN 11 JANUARY 15 OF EACH YEAR AFTER THE INITIAL VERIFICATION OR 12 REGISTRATION. AS USED IN THIS SUBDIVISION, "MISDEMEANOR LISTED 13 OFFENSE" MEANS A LISTED OFFENSE THAT IS ANY OF THE FOLLOWING: 14 (i) A VIOLATION OF SECTION 145A, 145C(4), 167(1)(F), OR 448 15 OF THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.145A, 750.145C, 16 750.167, AND 750.448. 17 (ii) A VIOLATION OF SECTION 335A OF THE MICHIGAN PENAL CODE, 18 1931 PA 328, MCL 750.335A, OTHER THAN A VIOLATION COMMITTED BY A 19 PERSON WHO WAS, AT THE TIME OF THE OFFENSE, A SEXUALLY DELINQUENT 20 PERSON AS DEFINED IN SECTION 10A OF THE MICHIGAN PENAL CODE, 1931 21 PA 328, MCL 750.10A. 22 (iii) A VIOLATION OF A LOCAL ORDINANCE OF A MUNICIPALITY 23 SUBSTANTIALLY CORRESPONDING TO A SECTION DESCRIBED IN SUBPARA- 24 GRAPH (i) OR (ii). 25 (iv) A VIOLATION OF A LAW OF THIS STATE OR A LOCAL ORDINANCE 26 OF A MUNICIPALITY THAT BY ITS NATURE CONSTITUTES A SEXUAL OFFENSE 27 AGAINST AN INDIVIDUAL WHO IS LESS THAN 18 YEARS OF AGE IF THE 02168'99 15 1 VIOLATION IS NOT SPECIFICALLY DESIGNATED A FELONY AND IS 2 PUNISHABLE BY IMPRISONMENT FOR 1 YEAR OR LESS. 3 (v) AN ATTEMPT OR CONSPIRACY TO COMMIT AN OFFENSE DESCRIBED 4 IN SUBPARAGRAPHS (i) TO (iv). 5 (vi) AN OFFENSE SUBSTANTIALLY SIMILAR TO AN OFFENSE 6 DESCRIBED IN SUBPARAGRAPHS (i) TO (v) UNDER A LAW OF THE UNITED 7 STATES, ANY STATE, OR ANY COUNTRY OR UNDER TRIBAL OR MILITARY 8 LAW. 9 (B) IF THE PERSON IS REGISTERED FOR 1 OR MORE FELONY LISTED 10 OFFENSES, NOT EARLIER THAN THE FIRST DAY OR LATER THAN THE FIF- 11 TEENTH DAY OF EACH APRIL, JULY, OCTOBER, AND JANUARY FOLLOWING 12 INITIAL VERIFICATION OR REGISTRATION. AS USED IN THIS SUBDIVI- 13 SION, "FELONY LISTED OFFENSE" MEANS A LISTED OFFENSE THAT IS ANY 14 OF THE FOLLOWING: 15 (i) A VIOLATION OF SECTION 145B, 145C(2) OR (3), 349, 350, 16 455, 520B, 520C, 520D, 520E, OR 520G OF THE MICHIGAN PENAL CODE, 17 1931 PA 328, MCL 750.145B, 750.145C, 750.349, 750.350, 750.455, 18 750.520B, 750.520C, 750.520D, 750.520E, AND 750.520G. 19 (ii) A VIOLATION OF SECTION 335A OF THE MICHIGAN PENAL CODE, 20 1931 PA 328, MCL 750.335A, COMMITTED BY A PERSON WHO WAS, AT THE 21 TIME OF THE OFFENSE, A SEXUALLY DELINQUENT PERSON AS DEFINED IN 22 SECTION 10A OF THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 23 750.10A. 24 (iii) A VIOLATION OF A LAW OF THIS STATE THAT BY ITS NATURE 25 CONSTITUTES A SEXUAL OFFENSE AGAINST AN INDIVIDUAL WHO IS LESS 26 THAN 18 YEARS OF AGE IF THE VIOLATION IS SPECIFICALLY DESIGNATED 27 A FELONY OR IS PUNISHABLE BY IMPRISONMENT FOR MORE THAN 1 YEAR. 02168'99 16 1 (iv) AN ATTEMPT OR CONSPIRACY TO COMMIT AN OFFENSE DESCRIBED 2 IN SUBPARAGRAPHS (i) TO (iii). 3 (v) AN OFFENSE SUBSTANTIALLY SIMILAR TO AN OFFENSE DESCRIBED 4 IN SUBPARAGRAPHS (i) TO (iv) UNDER A LAW OF THE UNITED STATES, 5 ANY STATE, OR ANY COUNTRY OR UNDER TRIBAL OR MILITARY LAW. 6 (5) WHEN AN INDIVIDUAL REPORTS UNDER SUBSECTION (3) OR (4), 7 AN OFFICER OR AUTHORIZED EMPLOYEE OF THE LAW ENFORCEMENT AGENCY, 8 SHERIFF'S DEPARTMENT, OR DEPARTMENT POST SHALL VERIFY THE 9 INDIVIDUAL'S RESIDENCE OR DOMICILE. THE OFFICER OR AUTHORIZED 10 EMPLOYEE SHALL SIGN AND DATE A VERIFICATION FORM. THE OFFICER 11 SHALL GIVE A COPY OF THE SIGNED FORM SHOWING THE DATE OF VERIFI- 12 CATION TO THE INDIVIDUAL. THE OFFICER OR EMPLOYEE SHALL FORWARD 13 VERIFICATION INFORMATION TO THE DEPARTMENT BY THE LAW ENFORCEMENT 14 INFORMATION NETWORK IN THE MANNER THE DEPARTMENT PRESCRIBES. THE 15 DEPARTMENT SHALL REVISE THE DATA BASES MAINTAINED UNDER SECTION 8 16 AS NECESSARY AND SHALL INDICATE VERIFICATION IN THE COMPILATION 17 UNDER SECTION 8(2). 18 (6) AN INDIVIDUAL REQUIRED TO BE REGISTERED UNDER THIS ACT 19 SHALL MAINTAIN EITHER A VALID OPERATOR'S OR CHAUFFEUR'S LICENSE 20 ISSUED UNDER THE MICHIGAN VEHICLE CODE, 1949 PA 300, MCL 257.1 TO 21 257.923, OR AN OFFICIAL STATE PERSONAL IDENTIFICATION CARD ISSUED 22 UNDER 1972 PA 222, MCL 28.291 TO 28.300, WITH THE INDIVIDUAL'S 23 CURRENT ADDRESS. THE LICENSE OR CARD MAY BE USED AS PROOF OF 24 DOMICILE OR RESIDENCE UNDER THIS SECTION. IN ADDITION, THE OFFI- 25 CER OR AUTHORIZED EMPLOYEE MAY REQUIRE THE INDIVIDUAL TO PRODUCE 26 ANOTHER DOCUMENT BEARING HIS OR HER NAME AND ADDRESS, INCLUDING 27 BUT NOT LIMITED TO VOTER REGISTRATION OR A UTILITY OR OTHER 02168'99 17 1 BILL. THE DEPARTMENT MAY SPECIFY OTHER SATISFACTORY PROOF OF 2 DOMICILE OR RESIDENCE. 3 (7) NOT EARLIER THAN JANUARY 1, 2000 OR LATER THAN JANUARY 4 15, 2000, AN INDIVIDUAL REGISTERED UNDER THIS ACT WHO IS NOT 5 INCARCERATED SHALL REPORT IN PERSON TO A SECRETARY OF STATE 6 OFFICE AND HAVE HIS OR HER DIGITIZED PHOTOGRAPH TAKEN. AN INDI- 7 VIDUAL REGISTERED UNDER THIS ACT WHO IS INCARCERATED ON JANUARY 8 15, 2000 SHALL REPORT UNDER THIS SUBSECTION NOT LESS THAN 10 DAYS 9 AFTER HE OR SHE IS RELEASED. THE INDIVIDUAL IS NOT REQUIRED TO 10 REPORT UNDER THIS SUBSECTION IF HE OR SHE HAD A DIGITIZED PHOTO- 11 GRAPH TAKEN FOR AN OPERATOR'S OR CHAUFFEUR'S LICENSE OR OFFICIAL 12 STATE PERSONAL IDENTIFICATION CARD BEFORE JANUARY 1, 2000, OR 13 WITHIN 2 YEARS BEFORE HE OR SHE IS RELEASED. THE PHOTOGRAPH 14 SHALL BE USED ON THE INDIVIDUAL'S OPERATOR'S OR CHAUFFEUR'S 15 LICENSE OR OFFICIAL STATE PERSONAL IDENTIFICATION CARD. THE 16 INDIVIDUAL SHALL HAVE A NEW PHOTOGRAPH TAKEN WHEN HE OR SHE 17 RENEWS THE LICENSE OR IDENTIFICATION CARD AS PROVIDED BY LAW. 18 THE SECRETARY OF STATE SHALL MAKE THE DIGITIZED PHOTOGRAPH AVAIL- 19 ABLE TO THE DEPARTMENT FOR A REGISTRATION UNDER THIS ACT. 20 (8) IF AN INDIVIDUAL DOES NOT REPORT UNDER SUBSECTION (3) OR 21 (4), THE DEPARTMENT SHALL NOTIFY THE LOCAL LAW ENFORCEMENT 22 AGENCY. AN APPEARANCE TICKET MAY BE ISSUED FOR THE INDIVIDUAL'S 23 FAILURE TO REPORT AS PROVIDED IN SECTIONS 9A TO 9G OF CHAPTER IV 24 OF THE CODE OF CRIMINAL PROCEDURE, 1927 PA 175, MCL 764.9A TO 25 764.9G. 26 (9) THE DEPARTMENT SHALL PRESCRIBE THE FORM FOR THE NOTICES 27 AND VERIFICATION PROCEDURES REQUIRED UNDER THIS SECTION. 02168'99 18 1 Sec. 7. (1) A registration under this act shall be made on 2 a form provided by the department and shall be forwarded to the 3 department in the format the department prescribes. A registra- 4 tion shall contain all of the following: 5 (a) The individual's name, social security number, date of 6 birth, and address or expected address.An individual regis-7tered under this act before the effective date of the 1996 amen-8datory act that amended this section shall provide the department9with his or her date of birth upon the department's request.AN 10 INDIVIDUAL WHO IS IN A WITNESS PROTECTION AND RELOCATION PROGRAM 11 IS ONLY REQUIRED TO USE THE NAME AND IDENTIFYING INFORMATION 12 REFLECTING HIS OR HER NEW IDENTITY IN A REGISTRATION UNDER THIS 13 ACT. THE REGISTRATION AND COMPILATION DATABASES SHALL NOT CON- 14 TAIN ANY INFORMATION IDENTIFYING THE INDIVIDUAL'S PRIOR IDENTITY 15 OR LOCALE. THE DEPARTMENT SHALL REQUEST EACH INDIVIDUAL TO PRO- 16 VIDE HIS OR HER DATE OF BIRTH IF IT IS NOT INCLUDED IN THE REGIS- 17 TRATION, AND THAT INDIVIDUAL SHALL COMPLY WITH THE REQUEST WITHIN 18 10 DAYS. 19 (b) A brief summary of the individual's convictions for 20 listed offenses REGARDLESS OF WHEN THE CONVICTION OCCURRED, 21 including where the offense occurred and the original charge if 22 the conviction was for a lesser offense. 23 (c) A complete physical description of the individual. 24 (D) THE PHOTOGRAPH REQUIRED UNDER SECTION 5A. 25 (E) THE INDIVIDUAL'S FINGERPRINTS IF NOT ALREADY ON FILE 26 WITH THE DEPARTMENT. AN INDIVIDUAL REQUIRED TO BE REGISTERED ON 27 SEPTEMBER 1, 1999 SHALL HAVE HIS OR HER FINGERPRINTS TAKEN NOT 02168'99 19 1 LATER THAN SEPTEMBER 12, 1999 IF NOT ALREADY ON FILE WITH THE 2 DEPARTMENT. THE DEPARTMENT SHALL FORWARD A COPY OF THE 3 INDIVIDUAL'S FINGERPRINTS TO THE FEDERAL BUREAU OF INVESTIGATION 4 IF NOT ALREADY ON FILE WITH THAT BUREAU. 5 (2) A registration may contain thefollowing: (a) The6 individual's blood type and whether a DNA identification profile 7 of the individual is available. 8(b) A recent photograph of the individual.9 (3) The form used for registration OR VERIFICATION under 10 this act shall contain a written statement that explains the duty 11 of the individual being registered to provide notice of a change 12 of address under section 5,andthe procedures for providing 13 that notice, AND THE VERIFICATION PROCEDURES UNDER SECTION 5A. 14 (4) The individualmaySHALL signtheA registration, 15ornotice, AND VERIFICATION. HOWEVER, THE REGISTRATION, 16 NOTICE, OR VERIFICATION SHALL BE FORWARDED TO THE DEPARTMENT 17 REGARDLESS OF WHETHER THE INDIVIDUAL SIGNS IT. 18 (5) The officer, court, or an employee of the agency regis- 19 tering the individual or receiving or accepting a registration 20 under section 4 shall sign the registration form. 21 (6) An individual shall not knowingly provide false or mis- 22 leading information concerning a registration,ornotice, OR 23 VERIFICATION. 24 (7) The department shall prescribe the form for a notifica- 25 tion required under section 5 and the format for forwarding the 26 notification to the department. 02168'99 20 1 (8) THE DEPARTMENT SHALL PROMPTLY PROVIDE REGISTRATION, 2 NOTICE, AND VERIFICATION INFORMATION TO THE FEDERAL BUREAU OF 3 INVESTIGATION AND TO LOCAL LAW ENFORCEMENT AGENCIES AND AGENCIES 4 OF OTHER STATES REQUIRING THE INFORMATION, AS PROVIDED BY LAW. 5 Sec. 9. (1)AnEXCEPT AS PROVIDED IN SUBSECTIONS (2) AND 6 (3), AN individual required to be registered under this act who 7 willfully violates this act is guilty of a felony punishable AS 8 FOLLOWS: 9 (A) IF THE INDIVIDUAL HAS NO PRIOR CONVICTIONS FOR A VIOLA- 10 TION OF THIS ACT, OTHER THAN A FAILURE TO COMPLY WITH SECTION 5A, 11 by imprisonment for not more than 4 years or a fine of not more 12 than $2,000.00, or both. 13 (B) IF THE INDIVIDUAL HAS 1 PRIOR CONVICTION FOR A VIOLATION 14 OF THIS ACT, OTHER THAN A FAILURE TO COMPLY WITH SECTION 5A, BY 15 IMPRISONMENT FOR NOT MORE THAN 7 YEARS OR A FINE OF NOT MORE THAN 16 $5,000.00, OR BOTH. 17 (C) IF THE INDIVIDUAL HAS 2 OR MORE PRIOR CONVICTIONS FOR 18 VIOLATIONS OF THIS ACT, OTHER THAN A FAILURE TO COMPLY WITH SEC- 19 TION 5A, BY IMPRISONMENT FOR NOT MORE THAN 10 YEARS OR A FINE OF 20 NOT MORE THAN $10,000.00, OR BOTH. 21 (2) AN INDIVIDUAL WHO FAILS TO COMPLY WITH SECTION 5A IS 22 GUILTY OF A MISDEMEANOR PUNISHABLE BY IMPRISONMENT FOR NOT MORE 23 THAN 90 DAYS OR A FINE OF NOT MORE THAN $500.00, OR BOTH. 24 (3) AN INDIVIDUAL WHO WILLFULLY FAILS TO SIGN A REGISTRA- 25 TION, NOTICE, OR VERIFICATION AS PROVIDED IN SECTION 7(4) IS 26 GUILTY OF A MISDEMEANOR PUNISHABLE BY IMPRISONMENT FOR NOT MORE 27 THAN 93 DAYS OR A FINE OF NOT MORE THAN $500.00, OR BOTH. 02168'99 21 1 (4)(2)The court shall revoke the probation of an 2 individual placed on probation who willfully violates this act. 3 (5)(3)The court shall revoke the youthful trainee status 4 of an individual assigned to youthful trainee status who will- 5 fully violates this act. 6 (6)(4)The parole board shall rescind the parole of an 7 individual released on parole who willfully violates this act. 8 (7) AN INDIVIDUAL'S FAILURE TO REGISTER AS REQUIRED BY THIS 9 ACT OR A VIOLATION OF SECTION 5(1), (3), OR (4) MAY BE PROSECUTED 10 IN THE JURISDICTION OF ANY OF THE FOLLOWING: 11 (A) THE INDIVIDUAL'S LAST REGISTERED ADDRESS OR RESIDENCE. 12 (B) THE INDIVIDUAL'S ACTUAL ADDRESS OR RESIDENCE. 13 (C) WHERE THE INDIVIDUAL WAS ARRESTED FOR THE VIOLATION. 14 Sec. 10. (1) Except as provided in this act, a registration 15 is confidential and shall not be open to inspection except for 16 law enforcement purposes. The registration and all included 17 materials and information are exempt from disclosurepursuant18toUNDER section 13 of the freedom of information act,Act19No. 442 of the Public Acts of 1976, being section 15.243 of the20Michigan Compiled Laws1976 PA 442, MCL 15.243. 21 (2) A department post, local law enforcement agency, or 22 sheriff's department shall make information from the compilation 23 described in section 8(2) for the zip code areas located in whole 24 or in part within the post's, agency's, or sheriff's department's 25 jurisdiction available for public inspection during regular busi- 26 ness hours. A department post, local law enforcement agency, or 02168'99 22 1 sheriff's department is not required to make a copy of the 2 information for a member of the public. 3 (3) The department may make information from the compilation 4 described in section 8(2) available to the public through elec- 5 tronic, computerized, or other accessible means. 6 (4) Except as provided in this act, an individual other than 7 the registrant who knows of a registration under this act and who 8 divulges, uses, or publishes NONPUBLIC information concerning the 9 registration in violation of this act is guilty of a misdemeanor 10 punishable by imprisonment for not more than 90 days or a fine of 11 not more than $500.00, or both. 12 (5) An individual whose registration is revealed in viola- 13 tion of this act has a civil cause of action against the respon- 14 sible party for treble damages. 15 (6) Subsections (4) and (5) do not apply to the compilation 16 described in section 8(2) or information from that compilation 17 that is provided or made available under section 8(2) or under 18 subsection (2) or (3). 19 Enacting section 1. This amendatory act takes effect 20 September 1, 1999. 02168'99 Final page. JOJ