HB-4920, As Passed Senate, July 6, 2004
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 4920
A bill to amend 1994 PA 295, entitled
"Sex offenders registration act,"
by amending sections 2, 4, 5, 5a, 8, and 10 (MCL 28.722, 28.724,
28.725, 28.725a, 28.728, and 28.730), sections 2, 5, 5a, 8, and
10 as amended by 2002 PA 542 and section 4 as amended by 1999 PA
85, and by adding sections 8c and 8d; and to repeal acts and
parts of acts.
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 any 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 aside under 1965 PA
7 213, MCL 780.621 to 780.624.
1 (ii) Either of the following:
2 (A) Being assigned to youthful trainee status under sections
3 11 to 15 of chapter II of the code of criminal procedure, 1927 PA
4 175, MCL 762.11 to 762.15, before October 1, 2004.
5 (B) Being assigned to youthful trainee status under sections
6 11 to 15 of chapter II of the code of criminal procedure, 1927 PA
7 175, MCL 762.11 to 762.15, on or after October 1, 2004 if the
8 individual's status of youthful trainee is revoked and an
9 adjudication of guilt is entered.
10 (iii) Having an order of disposition entered under section 18
11 of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL
12 712A.18, that is open to the general public under section 28 of
13 chapter XIIA of the probate code of 1939, 1939 PA 288, MCL
14 712A.28.
15 (iv) Having an order of disposition or other adjudication in
16 a juvenile matter in another state or country.
17 (b) "Department" means the department of state police.
18 (c) "Institution of higher education" means 1 or more of the
19 following:
20 (i) A public or private community college, college, or
21 university.
22 (ii) A public or private trade, vocational, or occupational
23 school.
24 (d) "Local law enforcement agency" means the police
25 department of a municipality.
26 (e) "Listed offense" means any of the following:
27 (i) A violation of section 145a, 145b, or 145c of the
1 Michigan penal code, 1931 PA 328, MCL 750.145a, 750.145b, and
2 750.145c.
3 (ii) A violation of section 158 of the Michigan penal code,
4 1931 PA 328, MCL 750.158, if a victim is an individual less than
5 18 years of age.
6 (iii) A third or subsequent violation of any combination of
7 the following:
8 (A) Section 167(1)(f) of the Michigan penal code, 1931 PA
9 328, MCL 750.167.
10 (B) Section 335a of the Michigan penal code, 1931 PA 328, MCL
11 750.335a.
12 (C) A local ordinance of a municipality substantially
13 corresponding to a section described in sub-subparagraph (A) or
14 (B).
15 (iv) Except for a juvenile disposition or adjudication, a
16 violation of section 338, 338a, or 338b of the Michigan penal
17 code, 1931 PA 328, MCL 750.338, 750.338a, and 750.338b, if a
18 victim is an individual less than 18 years of age.
19 (v) A violation of section 349 of the Michigan penal code,
20 1931 PA 328, MCL 750.349, if a victim is an individual less than
21 18 years of age.
22 (vi) A violation of section 350 of the Michigan penal code,
23 1931 PA 328, MCL 750.350.
24 (vii) A violation of section 448 of the Michigan penal code,
25 1931 PA 328, MCL 750.448, if a victim is an individual less than
26 18 years of age.
27 (viii) A violation of section 455 of the Michigan penal code,
1 1931 PA 328, MCL 750.455.
2 (ix) A violation of section 520b, 520c, 520d, 520e, or 520g
3 of the Michigan penal code, 1931 PA 328, MCL 750.520b, 750.520c,
4 750.520d, 750.520e, and 750.520g.
5 (x) Any other violation of a law of this state or a local
6 ordinance of a municipality that by its nature constitutes a
7 sexual offense against an individual who is less than 18 years of
8 age.
9 (xi) An offense committed by a person who was, at the time of
10 the offense, a sexually delinquent person as defined in section
11 10a of the Michigan penal code, 1931 PA 328, MCL 750.10a.
12 (xii) An attempt or conspiracy to commit an offense described
13 in subparagraphs (i) to (xi).
14 (xiii) An offense substantially similar to an offense
15 described in subparagraphs (i) to (xii) under a law of the United
16 States, any state, or any country or under tribal or military
17 law.
18 (f) "Municipality" means a city, village, or township of this
19 state.
20 (g) "Residence", as used in this act, for registration and
21 voting purposes means that place at which a person habitually
22 sleeps, keeps his or her personal effects, and has a regular
23 place of lodging. If a person has more than 1 residence, or if a
24 wife has a residence separate from that of the husband, that
25 place at which the person resides the greater part of the time
26 shall be his or her official residence for the purposes of this
27 act. This section shall not be construed to affect existing
1 judicial interpretation of the term residence.
2 (h) "Student" means an individual enrolled on a full- or
3 part-time basis in a public or private educational institution,
4 including but not limited to a secondary school, trade school,
5 professional institution, or institution of higher education.
6 Sec. 4. (1) Registration of an individual under this act
7 shall proceed as provided in this section.
8 (2) For an individual convicted of a listed offense on or
9 before October 1, 1995 who on or before October 1, 1995 is
10 sentenced for that offense, has a disposition entered for that
11 offense, or is assigned to youthful trainee status for that
12 offense, the following shall register the individual by
13 December 31, 1995:
14 (a) If the individual is on probation for the listed offense,
15 the individual's probation officer.
16 (b) If the individual is committed to jail for the listed
17 offense, the sheriff or his or her designee.
18 (c) If the individual is under the jurisdiction of the
19 department of corrections for the listed offense, the department
20 of corrections.
21 (d) If the individual is on parole for the listed offense,
22 the individual's parole officer.
23 (e) If the individual is within the jurisdiction of the
24 juvenile division of the probate court or the department of
25 social services under an order of disposition for the listed
26 offense, the juvenile division of the probate court or the
27 department of social services.
1 (3) Except as provided in subsection (4), for an individual
2 convicted of a listed offense on or before October 1, 1995:
3 (a) If the individual is sentenced for that offense after
4 October 1, 1995 or assigned to youthful trainee status after
5 October 1, 1995, the probation officer shall register the
6 individual before sentencing or assignment.
7 (b) If the individual's probation or parole is transferred to
8 this state after October 1, 1995, the probation or parole officer
9 shall register the individual within 14 days after the transfer.
10 (c) If the individual is placed within the jurisdiction of
11 the juvenile division of the probate court or family division of
12 circuit court or committed to the department of social services
13 or family independence agency under an order of disposition
14 entered after October 1, 1995, the juvenile division of the
15 probate court or family division of circuit court shall register
16 the individual before the order of disposition is entered.
17 (4) For an individual convicted on or before September 1,
18 1999 of an offense that was added on September 1, 1999 to the
19 definition of listed offense, the following shall register the
20 individual:
21 (a) If the individual is on probation or parole on
22 September 1, 1999 for the listed offense, the individual's
23 probation or parole officer not later than September 12, 1999.
24 (b) If the individual is committed to jail on September 1,
25 1999 for the listed offense, the sheriff or his or her designee
26 not later than September 12, 1999.
27 (c) If the individual is under the jurisdiction of the
1 department of corrections on September 1, 1999 for the listed
2 offense, the department of corrections not later than
3 November 30, 1999.
4 (d) If the individual is within the jurisdiction of the
5 family division of circuit court or committed to the family
6 independence agency or county juvenile agency on September 1,
7 1999 under an order of disposition for the listed offense, the
8 family division of circuit court, the family independence agency,
9 or the county juvenile agency not later than November 30, 1999.
10 (e) If the individual is sentenced or assigned to youthful
11 trainee status for that offense after September 1, 1999, the
12 probation officer shall register the individual before sentencing
13 or assignment.
14 (f) If the individual's probation or parole for the listed
15 offense is transferred to this state after September 1, 1999, the
16 probation or parole officer shall register the individual within
17 14 days after the transfer.
18 (g) If the individual is placed within the jurisdiction of
19 the family division of circuit court or committed to the family
20 independence agency for the listed offense after September 1,
21 1999, the family division of circuit court shall register the
22 individual before the order of disposition is entered.
23 (5) Subject to
section 3(1) and (2) 3, an individual
24 convicted of a listed offense in this state after October 1, 1995
25 shall register before sentencing, entry of the order of
26 disposition, or assignment to youthful trainee status. The
27 probation officer or the family division of circuit court shall
1 give the individual the registration form after the individual is
2 convicted, explain the duty to register and to pay a registration
3 fee, to verify his or her address, and to provide notice of
4 address changes, and accept the completed registration for
5 processing under section 6. The court shall not impose sentence,
6 enter the order of disposition, or, before October 1, 2004,
7 assign the individual to youthful trainee status, until it
8 determines that the individual's registration was forwarded to
9 the department as required under section 6.
10 (6) All of the following shall register with the local law
11 enforcement agency, sheriff's department, or the department
12 within 14 days after becoming domiciled or temporarily residing,
13 working, or being a student in this state for the periods
14 specified in section 3(1):
15 (a) Subject to section 3(1), an individual convicted in
16 another state or country after October 1, 1995 of a listed
17 offense as defined before September 1, 1999.
18 (b) Subject to section 3(2), an individual convicted in
19 another state or country of an offense added on September 1, 1999
20 to the definition of listed offenses.
21 (c) An individual required to be registered as a sex offender
22 in another state or country regardless of when the conviction was
23 entered.
24 Sec. 5. (1) Within 10 days after any of the following
25 occur, an individual required to be registered under this act
26 shall notify the local law enforcement agency or sheriff's
27 department having jurisdiction where his or her new residence or
1 domicile is located or the department post of the individual's
2 new residence or domicile:
3 (a) The individual changes his or her residence, domicile, or
4 place of work or education, including any change required to be
5 reported under section 4a.
6 (b) The individual is paroled.
7 (c) Final release of the individual from the jurisdiction of
8 the department of corrections.
9 (2) Within 10 days after either of the following occurs, the
10 department of corrections shall notify the local law enforcement
11 agency or sheriff's department having jurisdiction over the area
12 to which the individual is transferred or the department post of
13 the transferred residence or domicile of an individual required
14 to be registered under this act:
15 (a) The individual is transferred to a community residential
16 program.
17 (b) The individual is transferred into a minimum custody
18 correctional facility of any kind, including a correctional camp
19 or work camp.
20 (3) An individual required to be registered under this act
21 shall notify the department on a form prescribed by the
22 department not later than 10 days before he or she changes his or
23 her domicile or residence to another state. The individual shall
24 indicate the new state and, if known, the new address. The
25 department shall update the registration and compilation
26 databases and promptly notify the appropriate law enforcement
27 agency and any applicable sex or child offender registration
1 authority in the new state.
2 (4) If the probation or parole of an individual required to
3 be registered under this act is transferred to another state or
4 an individual required to be registered under this act is
5 transferred from a state correctional facility to any
6 correctional facility or probation or parole in another state,
7 the department of corrections shall promptly notify the
8 department and the appropriate law enforcement agency and any
9 applicable sex or child offender registration authority in the
10 new state. The department shall update the registration and
11 compilation databases.
12 (5) An individual registered under this act shall comply with
13 the verification procedures and proof of residence procedures
14 prescribed in sections 4a and 5a.
15 (6) Except as
provided in subsection subsections (7) and
16 (8), an individual shall comply with this section for 25 years
17 after the date of initially registering or, if the individual is
18 in a state correctional facility, for 10 years after release from
19 the state correctional facility, whichever is longer.
20 (7) An Except
as provided in subsection (8), an individual
21 shall comply with this section for life if the individual is
22 convicted of any of the following or a substantially similar
23 offense under a law of the United States, any state, or any
24 country or under tribal or military law:
25 (a) A violation of section 520b of the Michigan penal code,
26 1931 PA 328, MCL 750.520b.
27 (b) A violation of section 520c(1)(a) of the Michigan penal
1 code, 1931 PA 328, MCL 750.520c.
2 (c) A violation of section 349 of the Michigan penal code,
3 1931 PA 328, MCL 750.349, if the victim is less than 18 years of
4 age.
5 (d) A violation of section 350 of the Michigan penal code,
6 1931 PA 328, MCL 750.350.
7 (e) A violation of section 145c(2) or (3) of the Michigan
8 penal code, 1931 PA 328, MCL 750.145c.
9 (f) An attempt or conspiracy to commit an offense described
10 in subdivisions (a) to (e).
11 (g) Except as provided in this subdivision, a second or
12 subsequent listed offense after October 1, 1995 regardless of
13 when any earlier listed offense was committed. An individual is
14 not required to comply with this section for life if his or her
15 first or second listed offense is for a conviction on or before
16 September 1, 1999 for an offense that was added on September 1,
17 1999 to the definition of listed offense, unless he or she is
18 convicted of a subsequent listed offense after September 1,
19 1999.
20 (8) An individual who is ordered to register as provided in
21 section 8d shall register subject to that section.
22 Sec. 5a. (1) Not
later than September 1, 1999 December 1,
23 2004, the department shall mail a notice to each individual
24 registered under this act who is not in a state correctional
25 facility explaining the individual's duties under this section
26 and this act as amended and the procedure for registration,
27 notification, and verification and paying the registration fee
1 prescribed under subsection (7) or section 7(1).
2 (2) Upon the release of an individual registered under this
3 act who is in a state correctional facility, the department of
4 corrections shall provide written notice to that individual
5 explaining his or her duties under this section and this act as
6 amended and the procedure for registration, notification, and
7 verification and payment of the registration fee prescribed under
8 subsection (7) or section 7(1). The individual shall sign and
9 date the notice. The department of corrections shall maintain a
10 copy of the signed and dated notice in the individual's file.
11 The department of corrections shall forward the original notice
12 to the department within 30 days, regardless of whether the
13 individual signs it.
14 (3) Not later than January 15, 2000, an individual registered
15 under this act who is not incarcerated shall report in person to
16 the local law enforcement agency or sheriff's department having
17 jurisdiction where he or she is domiciled or resides or to the
18 department post in or nearest to the county where he or she is
19 domiciled or resides. The individual shall present proof of
20 domicile or residence and update any information that changed
21 since registration, including information that is required to be
22 reported under section 4a. An individual registered under this
23 act who is incarcerated on January 15, 2000 shall report under
24 this subsection not less than 10 days after he or she is
25 released.
26 (4) Following Except
as provided in subsection (5),
27 following initial verification under subsection (3), or
1 registration under this act after January 15, 2000, an individual
2 required to be registered under this act who is not incarcerated
3 shall report in person to the local law enforcement agency or
4 sheriff's department having jurisdiction where he or she is
5 domiciled or resides or to the department post in or nearest to
6 the county where he or she is domiciled or resides for
7 verification of domicile or residence as follows:
8 (a) If the person is registered only for 1 or more
9 misdemeanor listed offenses, not earlier than January 1 or later
10 than January 15 of each year after the initial verification or
11 registration. As used in this subdivision, "misdemeanor listed
12 offense" means a listed offense that is any of the following:
13 (i) A violation of section 145a of the Michigan penal code,
14 1931 PA 328, MCL 750.145a, committed before June 1, 2002.
15 (ii) A violation of section 145c(4), 167(1)(f), or 448 of the
16 Michigan penal code, 1931 PA 328, MCL 750.145c, 750.167, and
17 750.448.
18 (iii) A violation of section 335a of the Michigan penal code,
19 1931 PA 328, MCL 750.335a, other than a violation committed by a
20 person who was, at the time of the offense, a sexually delinquent
21 person as defined in section 10a of the Michigan penal code, 1931
22 PA 328, MCL 750.10a.
23 (iv) A violation of a local ordinance of a municipality
24 substantially corresponding to a section described in
25 subparagraph (i), (ii), or (iii).
26 (v) A violation of a law of this state or a local ordinance
27 of a municipality that by its nature constitutes a sexual offense
1 against an individual who is less than 18 years of age if the
2 violation is not specifically designated a felony and is
3 punishable by imprisonment for 1 year or less.
4 (vi) An attempt or conspiracy to commit an offense described
5 in subparagraphs (i) to (v).
6 (vii) An offense substantially similar to an offense
7 described in subparagraphs (i) to (vi) under a law of the United
8 States, any state, or any country or under tribal or military
9 law.
10 (b) If the person is registered for 1 or more felony listed
11 offenses, not earlier than the first day or later than the
12 fifteenth day of each April, July, October, and January following
13 initial verification or registration. As used in this
14 subdivision, "felony listed offense" means a listed offense that
15 is any of the following:
16 (i) A violation of section 145a of the Michigan penal code,
17 1931 PA 328, MCL 750.145a, committed on or after June 1, 2002.
18 (ii) A violation of section 145b, 145c(2) or (3), 349, 350,
19 455, 520b, 520c, 520d, 520e, or 520g of the Michigan penal code,
20 1931 PA 328, MCL 750.145b, 750.145c, 750.349, 750.350, 750.455,
21 750.520b, 750.520c, 750.520d, 750.520e, and 750.520g.
22 (iii) A violation of section 335a of the Michigan penal code,
23 1931 PA 328, MCL 750.335a, committed by a person who was, at the
24 time of the offense, a sexually delinquent person as defined in
25 section 10a of the Michigan penal code, 1931 PA 328, MCL
26 750.10a.
27 (iv) A violation of a law of this state that by its nature
1 constitutes a sexual offense against an individual who is less
2 than 18 years of age if the violation is specifically designated
3 a felony or is punishable by imprisonment for more than 1 year.
4 (v) An attempt or conspiracy to commit an offense described
5 in subparagraphs (i) to (iv).
6 (vi) An offense substantially similar to an offense described
7 in subparagraphs (i) to (v) under a law of the United States, any
8 state, or any country or under tribal or military law.
9 (5) The continued reporting requirements of this section
10 following initial registration do not apply to an individual
11 convicted as a juvenile of committing an offense described in
12 section 8c(15)(a) or (b) committed by the individual when he or
13 she was less than 17 years of age, except that the individual
14 shall report a change in his or her residence within this state
15 or to another state as provided in this section within 10 days
16 after the change of residence is made. If the individual fails
17 to file a petition under section 8c before he or she becomes 18
18 years of age, or if his or her petition is denied by the court,
19 the individual shall report as otherwise required under this
20 section.
21 (6) (5) When
an individual reports under subsection (3) or
22 (4), an officer or authorized employee of the local law
23 enforcement agency, sheriff's department, or department post
24 shall verify the individual's residence or domicile and any
25 information required to be reported under section 4a. The
26 officer or authorized employee shall sign and date a verification
27 form. The officer shall give a copy of the signed form showing
1 the date of verification to the individual. The officer or
2 employee shall forward verification information to the department
3 by the law enforcement information network in the manner the
4 department prescribes.
The department shall revise the data
5 bases databases maintained under section 8 as
necessary and
6 shall indicate verification in the compilation under section
7 8(2).
8 (7) Except as otherwise provided in section 5b, beginning
9 October 16, 2004, an individual who reports as prescribed under
10 subsection (3) or (4) and who has not already paid the fee
11 prescribed under section 7(1) shall pay a $35.00 registration
12 fee. An individual shall only be required to pay a fee once
13 under this subsection.
14 (8) (6) An
individual required to be registered under this
15 act shall maintain either a valid operator's or chauffeur's
16 license issued under the Michigan vehicle code, 1949 PA 300, MCL
17 257.1 to 257.923, or an official state personal identification
18 card issued under 1972 PA 222, MCL 28.291 to 28.300, with the
19 individual's current address. The license or card may be used as
20 proof of domicile or residence under this section. In addition,
21 the officer or authorized employee may require the individual to
22 produce another document bearing his or her name and address,
23 including but not limited to voter registration or a utility or
24 other bill. The department may specify other satisfactory proof
25 of domicile or residence.
26 (9) (7) Not
earlier than January 1, 2000 or later than
27 January 15, 2000, an individual registered under this act who is
1 not incarcerated shall report in person to a secretary of state
2 office and have his or her digitized photograph taken. An
3 individual registered under this act who is incarcerated on
4 January 15, 2000 shall report under this subsection not less than
5 10 days after he or she is released. The individual is not
6 required to report under this subsection if he or she had a
7 digitized photograph taken for an operator's or chauffeur's
8 license or official state personal identification card before
9 January 1, 2000, or within 2 years before he or she is released.
10 The photograph shall be used on the individual's operator's or
11 chauffeur's license or official state personal identification
12 card. The individual shall have a new photograph taken when he
13 or she renews the license or identification card as provided by
14 law. The secretary of state shall make the digitized photograph
15 available to the department for a registration under this act.
16 (10) (8) If
an individual does not report under subsection
17 (3) or (4) or section 4a, the department shall notify the local
18 law enforcement agency, sheriff's department, or department
19 post. An appearance ticket may be issued for the individual's
20 failure to report as provided in sections 9a to 9g of chapter IV
21 of the code of criminal procedure, 1927 PA 175, MCL 764.9a to
22 764.9g.
23 (11) (9) The
department shall prescribe the form for the
24 notices and verification procedures required under this section.
25 Sec. 8. (1) The department shall maintain a computerized
26 data base database of registrations and notices required
under
27 this act.
1 (2) The department
shall maintain a computerized data base
2 database separate from that described in subsection (1) to
3 implement section 10(2)
and (3). The data base Except as
4 provided in subsection (3), the database shall consist of a
5 compilation of
individuals registered under this act. , but
6 except as provided in
this subsection,
7 (3) The database described in subsection (2) shall not
8 include any the
following individuals:
9 (a) An individual registered solely because he or she had 1
10 or more dispositions for a listed offense entered under section
11 18 of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL
12 712A.18, in a case that was not designated as a case in which the
13 individual was to be tried in the same manner as an adult under
14 section 2d of chapter XIIA of the probate code of 1939, 1939 PA
15 288, MCL 712A.2d. The
Except as provided in subdivision (b),
16 the exclusion for juvenile dispositions does not apply to a
17 disposition for a violation of section 520b or 520c of the
18 Michigan penal code, 1931 PA 328, MCL 750.520b and 750.520c,
19 after the individual becomes 18 years of age.
20 (b) An individual who is exempt under section 8d from that
21 database.
22 (4) (3) The
compilation of individuals shall be indexed
23 numerically by zip code area. Within each zip code area, the
24 compilation shall contain all of the following information:
25 (a) The name and aliases, address, physical description, and
26 birth date of each individual registered under this act who is
27 included in the compilation and who resides in that zip code area
1 and any listed offense of which the individual has been
2 convicted.
3 (b) The name and campus location of each institution of
4 higher education to which the individual is required to report
5 under section 4a.
6 (c) Beginning May 1, 2005, the photograph of each individual
7 registered under this act. The department shall obtain the
8 photographs submitted under section 5a from the secretary of
9 state for purposes of implementing this subdivision.
10 (5) (4) The
department shall update the compilation with
11 new registrations, deletions from registrations, and address
12 changes at the same time
those changes are made to the data
13 base database described in subsection (1). The
department shall
14 make the compilation available to each department post, local law
15 enforcement agency, and sheriff's department by the law
16 enforcement information network. Upon request by a department
17 post, local law enforcement agency, or sheriff's department, the
18 department shall provide to that post, agency, or sheriff's
19 department the information from the compilation in printed form
20 for the zip code areas located in whole or in part within the
21 post's, agency's, or sheriff's department's jurisdiction. The
22 department shall provide the ability to conduct a computerized
23 search of the compilation based upon the name and campus location
24 of an institution of higher education described in subsection
25 (3)(b) (4)(b).
26 (6) (5) The
department shall make the compilation or
27 information from the compilation available to a department post,
1 local law enforcement agency, sheriff's department, and the
2 public by electronic, computerized, or other similar means
3 accessible to the post, agency, or sheriff's department. The
4 electronic, computerized, or other similar means shall provide
5 for both a search by name and by zip code.
6 (7) (6) If
a court determines that the public availability
7 under section 10 of any information concerning individuals
8 registered under this act, including names and aliases,
9 addresses, physical descriptions, or dates of birth, violates the
10 constitution of the United States or this state, the department
11 shall revise the compilation in subsection (2) so that it does
12 not contain that information.
13 Sec. 8c. (1) An individual described in subsection (15) who
14 is convicted before October 1, 2004 of a violation described in
15 that subsection may petition the court under this section for an
16 order allowing him or her to register under this act as provided
17 in section 8d(1).
18 (2) An individual described in subsection (15)(a) or (b) who
19 is convicted on or after October 1, 2004 of a violation described
20 in that subsection may petition the court under this section for
21 an order allowing him or her to register under this act as
22 provided in section 8d(1).
23 (3) This section is the sole means by which an individual may
24 obtain judicial review of his or her registration requirements
25 under this act. This subsection does not prohibit an appeal of
26 the conviction or sentence as otherwise provided by law or court
27 rule.
1 (4) A petition filed under this section shall be filed in the
2 court in which the individual was convicted of committing the
3 listed offense. A petition filed under subsection (1) shall be
4 filed before October 1, 2007 or within 3 years after the
5 individual is discharged from the jurisdiction of the juvenile
6 court or, if the individual was assigned to youthful trainee
7 status, within 3 years after he or she has successfully completed
8 youthful trainee status, whichever is later, and, except as
9 otherwise provided in this subsection, the court shall not
10 consider a petition filed by the individual after that date. A
11 petition filed under subsection (2) shall not be filed before the
12 individual's seventeenth birthday or after the individual's
13 twentieth birthday. If the individual is charged in this state
14 or elsewhere with committing, attempting to commit, or conspiring
15 to commit a felony, other than the felony for which he or she has
16 filed the petition for registration as provided under section 8d,
17 or an offense that if committed by an adult would be a felony,
18 the court may hold the petition in abeyance until the charges are
19 finally disposed of. If the court holds the petition in
20 abeyance, the 3-year limitation periods described in this
21 subsection begin to run when the period of abeyance has ended. A
22 petition shall not be filed under this section if a previous
23 petition was filed under this section and was denied by the court
24 after a hearing. As used in this subsection, "felony" means a
25 crime that is specifically designated to be a felony or that is
26 punishable by imprisonment for more than 1 year.
27 (5) A petition filed under this section shall be made under
1 oath and shall contain all of the following:
2 (a) The name and address of the petitioner.
3 (b) A statement identifying the offense for which
4 registration as provided in section 8d is being requested.
5 (c) A statement of whether the individual was previously
6 convicted of a listed offense for which registration is required
7 under this act.
8 (d) A statement specifically stating that the individual is
9 not disqualified under subsection (14) from filing a petition
10 under this section.
11 (6) An individual who knowingly makes a false statement in a
12 petition filed under this section is guilty of perjury as
13 proscribed under section 423 of the Michigan penal code, 1931 PA
14 328, MCL 750.423.
15 (7) A copy of the petition shall be filed with the office of
16 the prosecuting attorney that prosecuted the case against the
17 individual at least 30 days before a hearing is held on the
18 petition. The prosecuting attorney may appear and participate in
19 all proceedings regarding the petition and may seek appellate
20 review of any decision on the petition.
21 (8) If the name of the victim of the offense is known by the
22 prosecuting attorney, the prosecuting attorney shall provide the
23 victim with written notice that a petition has been filed and
24 shall provide the victim with a copy of the petition. The notice
25 shall be sent by first-class mail to the victim's last known
26 address. The petition shall include a statement of the victim's
27 rights under subsection (11).
1 (9) If an individual petitions the court under subsection (1)
2 or (2) for an offense described in subsection (15)(a) or (b) and
3 the individual is not on the database maintained under section
4 8(2) at the time the petition is filed, the court may order the
5 department not to place the individual on that database during
6 the period in which the court is considering whether to grant the
7 petition as follows:
8 (a) Except as provided in subdivision (b), for a period of 30
9 days after the date the order is issued or as provided by the
10 court, whichever occurs first.
11 (b) If jurisdiction is continued by the court past the
12 individual's seventeenth birthday, during the period in which
13 jurisdiction is continued. The court shall notify the department
14 of the order as required under section 8d.
15 (10) If an individual properly files a petition with the
16 court under this section, the court shall conduct a hearing on
17 the petition as provided in this section.
18 (11) The victim has the right to attend all proceedings under
19 this section and to make a written or oral statement to the court
20 before any decision regarding the petition is made. A victim
21 shall not be required to appear at any proceeding under this
22 section against his or her will.
23 (12) The court shall consider all of the following in
24 determining whether to allow the individual to register under
25 this act as provided in section 8d:
26 (a) The individual's age and level of maturity at the time of
27 the offense.
1 (b) The victim's age and level of maturity at the time of the
2 offense.
3 (c) The nature of the offense.
4 (d) The severity of the offense.
5 (e) The individual's prior juvenile or criminal history.
6 (f) The individual's likelihood to commit further listed
7 offenses.
8 (g) Any impact statement submitted by the victim under the
9 crime victim's rights act, 1985 PA 87, MCL 780.751 to 780.834, or
10 under this section.
11 (h) Any other information considered relevant by the court.
12 (13) If the court determines that the individual meets the
13 criteria for registration under section 8d, the court may order
14 the individual to register under this act as provided in that
15 section.
16 (14) The court shall not grant a petition filed under this
17 section if any of the following apply:
18 (a) The individual was previously convicted of a listed
19 offense for which registration is required under this act.
20 (b) The individual fails to carry the burden of proving by
21 clear and convincing evidence that he or she is not likely to
22 commit further listed offenses.
23 (c) The court determines that the offense involved any of the
24 following:
25 (i) A factor set forth in section 520b(1)(b) to (h) of the
26 Michigan penal code, 1931 PA 328, MCL 750.520b.
27 (ii) A factor set forth in section 520c(1)(b) to (l) of the
1 Michigan penal code, 1931 PA 328, MCL 750.520c.
2 (iii) A factor set forth in section 520d(1)(b) to (e) of the
3 Michigan penal code, 1931 PA 328, MCL 750.520d.
4 (iv) A factor set forth in section 520e(1)(b) to (f) of the
5 Michigan penal code, 1931 PA 328, MCL 750.520e.
6 (d) The individual is charged in this state or elsewhere with
7 committing, attempting to commit, or conspiring to commit a
8 felony, other than the felony for which he or she has filed the
9 petition for registration as provided under section 8d, or an
10 offense that if committed by an adult would be a felony. This
11 subsection does not prohibit the court from holding the petition
12 in abeyance under subsection (4). As used in this subdivision,
13 "felony" means a crime specifically designated to be a felony or
14 that is punishable by imprisonment for more than 1 year.
15 (e) The individual was sentenced for the offense as an
16 adult. This subdivision does not apply to an individual
17 described in subsection (15)(c) who successfully completed his or
18 her probationary period and was discharged from youthful trainee
19 status.
20 (15) The right to petition under this section applies to all
21 of the following individuals:
22 (a) An individual who is convicted as a juvenile under
23 section 520b, 520c, or 520d of the Michigan penal code, 1931 PA
24 328, MCL 750.520b, 750.520c, and 750.520d, of committing,
25 attempting to commit, or conspiring to commit a violation solely
26 described in section 520b(1)(a), 520c(1)(a), or 520d(1)(a) of the
27 Michigan penal code, 1931 PA 328, MCL 750.520b, 750.520c, and
1 750.520d, if either of the following applies:
2 (i) The individual was under 13 years of age when he or she
3 committed the offense and is not more than 5 years older than the
4 victim.
5 (ii) The individual was 13 years of age or older but less
6 than 17 years of age when he or she committed the offense and is
7 not more than 3 years older than the victim.
8 (b) An individual who was charged under section 520b, 520c,
9 or 520d of the Michigan penal code, 1931 PA 328, MCL 750.520b,
10 750.520c, and 750.520d, with committing, attempting to commit, or
11 conspiring to commit a violation solely described in section
12 520b(1)(a), 520c(1)(a), or 520d(1)(a) of the Michigan penal code,
13 1931 PA 328, MCL 750.520b, 750.520c, and 750.520d, and is
14 convicted as a juvenile of violating, attempting to violate, or
15 conspiring to violate section 520e or 520g of the Michigan penal
16 code, 1931 PA 328, MCL 750.520e and 750.520g, if either of the
17 following applies:
18 (i) The individual was under 13 years of age when he or she
19 committed the offense and is not more than 5 years older than the
20 victim.
21 (ii) The individual was 13 years of age or older but less
22 than 17 years of age when he or she committed the offense and is
23 not more than 3 years older than the victim.
24 (c) An individual who has successfully completed his or her
25 probationary period under sections 11 to 15 of chapter II of the
26 code of criminal procedure, 1927 PA 175, MCL 762.11 to 762.15,
27 for committing a listed offense, and has been discharged from
House Bill No. 4920 as amended July 6, 2004
1 youthful trainee status.
2 Sec. 8d. (1) An individual who petitions the court under
3 section 8c to register as provided in this section shall register
4 under this act as follows:
5 (a) For a violation described in section 8c(15)(a) or (b),
6 the individual shall register under this act until the petition
7 is granted <<
8 >> but is not subject to the requirements of section 8(2).
9 (b) For a violation described in section 8c(15)(c) and for
10 which the petition is granted, the individual shall register
11 under this act for a period of 10 years after the date he or she
12 initially registered or, if the individual was in a state
13 correctional facility, for 10 years after he or she is released
14 from that facility, whichever is greater, and is subject to the
15 requirements of section 8(2) during that registration period.
16 (2) If the court under section 8c orders an individual to
17 register under this section pending the court's determination of
18 the petition, the court shall promptly provide a copy of that
19 order to the department and to the individual. If the department
20 is provided with an order under this subsection for an individual
21 described in section 8c(15)(a) or (b), the department shall not
22 enter the individual's registration into the database maintained
23 under section 8(2) until ordered by the court to do so or until
24 expiration of the order, whichever occurs first.
25 (3) If the court grants a petition filed under section 8c,
26 the court shall promptly provide a copy of that order to the
27 department and to the individual. If the department is provided
1 with an order under this subsection for a violation described in
2 section 8c(15)(a) or (b), the department shall not enter the
3 individual's registration into the database maintained under
4 section 8(2) or, if the person is already registered, shall
5 promptly remove that registration from the database maintained
6 under section 8(2). The department shall promptly remove an
7 individual's registration from the database maintained under
8 section 8(1) upon expiration of the applicable registration
9 period described in subsection (1) or (2) as provided in those
10 subsections.
11 Sec. 10. (1) Except as provided in this act, a registration
12 or report under
section 4a is confidential and information from
13 that registration or report shall not be open to inspection
14 except for law enforcement purposes. The registration or report
15 and all included materials and information are exempt from
16 disclosure under section 13 of the freedom of information act,
17 1976 PA 442, MCL 15.243.
18 (2) A department post, local law enforcement agency, or
19 sheriff's department shall make information from the compilation
20 described in section 8(2) for the zip code areas located in whole
21 or in part within the post's, agency's, or sheriff's department's
22 jurisdiction available for public inspection during regular
23 business hours. A department post, local law enforcement agency,
24 or sheriff's department is not required to make a copy of the
25 information for a member of the public.
26 (3) The department may make information from the compilation
27 described in section 8(2) available to the public through
1 electronic, computerized, or other accessible means.
2 (4) Except as provided in this act, an individual other than
3 the registrant who knows of a registration or report under this
4 act and who divulges, uses, or publishes nonpublic information
5 concerning the registration or report in violation of this act is
6 guilty of a misdemeanor punishable by imprisonment for not more
7 than 93 days or a fine of not more than $1,000.00, or both.
8 (5) An individual whose registration or report is revealed in
9 violation of this act has a civil cause of action against the
10 responsible party for treble damages.
11 (6) Subsections (4) and (5) do not apply to the compilation
12 described in section 8(2) or information from that compilation
13 that is provided or made available under section 8(2) or under
14 subsection (2) or (3).
15 Enacting section 1. Sections 8a and 8b of the sex offenders
16 registration act, 1994 PA 295, MCL 28.728a and 28.728b, are
17 repealed.
18 Enacting section 2. This amendatory act takes effect
19 October 1, 2004.
20 Enacting section 3. This amendatory act does not take
21 effect unless all of the following bills of the 92nd Legislature
22 are enacted into law:
23 (a) Senate Bill No. 1167.
24 (b) House Bill No. 5195.
25 (c) House Bill No. 5240.