Bill Text: MI HB5241 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Crimes; sex offender registration; registration as sex offender for committing certain prostitution and human trafficking violations; require. Amends sec. 2 of 1994 PA 295 (MCL 28.722). TIE BAR WITH: HB 4209'13
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2014-04-22 - Referred To Committee On Families, Seniors And Human Services [HB5241 Detail]
Download: Michigan-2013-HB5241-Engrossed.html
HB-5241, As Passed House, March 27, 2014
SUBSTITUTE FOR
HOUSE BILL NO. 5241
A bill to amend 1994 PA 295, entitled
"Sex offenders registration act,"
by amending section 2 (MCL 28.722), as amended by 2011 PA 17.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Aircraft" means that term as defined in section 2 of the
aeronautics code of the state of Michigan, 1945 PA 327, MCL 259.2.
(b) "Convicted" means 1 of the following:
(i) Having a judgment of conviction or a probation order
entered in any court having jurisdiction over criminal offenses,
including, but not limited to, a tribal court or a military court,
and including a conviction subsequently set aside under 1965 PA
213, MCL 780.621 to 780.624.
(ii) Either of the following:
(A) Being assigned to youthful trainee status under sections
11 to 15 of chapter II of the code of criminal procedure, 1927 PA
175, MCL 762.11 to 762.15, before October 1, 2004. This sub-
subparagraph does not apply if a petition was granted under section
8c at any time allowing the individual to discontinue registration
under this act, including a reduced registration period that
extends to or past July 1, 2011, regardless of the tier designation
that would apply on and after that date.
(B) Being assigned to youthful trainee status under sections
11 to 15 of chapter II of the code of criminal procedure, 1927 PA
175, MCL 762.11 to 762.15, before October 1, 2004 if the individual
is convicted of any other felony on or after July 1, 2011.
(iii) Having an order of disposition entered under section 18 of
chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.18,
that is open to the general public under section 28 of chapter XIIA
of the probate code of 1939, 1939 PA 288, MCL 712A.28, if both of
the following apply:
(A) The individual was 14 years of age or older at the time of
the offense.
(B) The order of disposition is for the commission of an
offense that would classify the individual as a tier III offender.
(iv) Having an order of disposition or other adjudication in a
juvenile matter in another state or country if both of the
following apply:
(A) The individual is 14 years of age or older at the time of
the offense.
(B) The order of disposition or other adjudication is for the
commission of an offense that would classify the individual as a
tier III offender.
(c) "Custodial authority" means 1 or more of the following
apply:
(i) The actor was a member of the same household as the victim.
(ii) The actor was related to the victim by blood or affinity
to the fourth degree.
(iii) The actor was in a position of authority over the victim
and used this authority to coerce the victim to submit.
(iv) The actor was a teacher, substitute teacher, or
administrator of the public school, nonpublic school, school
district, or intermediate school district in which that other
person was enrolled.
(v) The actor was an employee or a contractual service
provider of the public school, nonpublic school, school district,
or intermediate school district in which that other person was
enrolled, or was a volunteer who was not a student in any public
school or nonpublic school, or was an employee of this state or of
a local unit of government of this state or of the United States
assigned to provide any service to that public school, nonpublic
school, school district, or intermediate school district, and the
actor used his or her employee, contractual, or volunteer status to
gain access to, or to establish a relationship with, that other
person.
(vi) That other person was under the jurisdiction of the
department of corrections and the actor was an employee or a
contractual employee of, or a volunteer with, the department of
corrections who knew that the other person was under the
jurisdiction of the department of corrections and used his or her
position of authority over the victim to gain access to or to
coerce or otherwise encourage the victim to engage in sexual
contact.
(vii) That other person was under the jurisdiction of the
department of corrections and the actor was an employee or a
contractual employee of, or a volunteer with, a private vendor that
operated a youth correctional facility under section 20g of the
corrections code of 1953, 1953 PA 232, MCL 791.220g, who knew that
the other person was under the jurisdiction of the department of
corrections.
(viii) That other person was a prisoner or probationer under the
jurisdiction of a county for purposes of imprisonment or a work
program or other probationary program and the actor was an employee
or a contractual employee of, or a volunteer with, the county or
the department of corrections who knew that the other person was
under the county's jurisdiction and used his or her position of
authority over the victim to gain access to or to coerce or
otherwise encourage the victim to engage in sexual contact.
(ix) The actor knew or had reason to know that a court had
detained the victim in a facility while the victim was awaiting a
trial or hearing, or committed the victim to a facility as a result
of the victim having been found responsible for committing an act
that would be a crime if committed by an adult, and the actor was
an employee or contractual employee of, or a volunteer with, the
facility in which the victim was detained or to which the victim
was committed.
(d) "Department" means the department of state police.
(e) "Employee" means an individual who is self-employed or
works for any other entity as a full-time or part-time employee,
contractual provider, or volunteer, regardless of whether he or she
is financially compensated.
(f) "Felony" means that term as defined in section 1 of
chapter I of the code of criminal procedure, 1927 PA 174, MCL
761.1.
(g) "Immediately" means within 3 business days.
(h) "Indigent" means an individual to whom 1 or more of the
following apply:
(i) He or she has been found by a court to be indigent within
the last 6 months.
(ii) He or she qualifies for and receives assistance from the
department of human services food assistance program.
(iii) He or she demonstrates an annual income below the current
federal poverty guidelines.
(i) "Institution of higher education" means 1 or more of the
following:
(i) A public or private community college, college, or
university.
(ii) A public or private trade, vocational, or occupational
school.
(j)
"Local law enforcement agency" means the police department
of
a municipality.
(j) (k)
"Listed offense" means a
tier I, tier II, or tier III
offense.
(k) "Local law enforcement agency" means the police department
of a municipality.
(l) "Minor" means a victim of a listed offense who was less
than 18 years of age at the time the offense was committed.
(m) "Municipality" means a city, village, or township of this
state.
(n) "Registering authority" means the local law enforcement
agency or sheriff's office having jurisdiction over the
individual's residence, place of employment, or institution of
higher learning, or the nearest department post designated to
receive or enter sex offender registration information within a
registration jurisdiction.
(o) "Registration jurisdiction" means each of the 50 states,
the District of Columbia, the Commonwealth of Puerto Rico, Guam,
the Northern Mariana Islands, the United States Virgin Islands,
American Samoa, and the Indian tribes within the United States that
elect to function as a registration jurisdiction.
(p) "Residence", as used in this act, for registration and
voting purposes means that place at which a person habitually
sleeps, keeps his or her personal effects, and has a regular place
of lodging. If a person has more than 1 residence, or if a wife has
a residence separate from that of the husband, that place at which
the person resides the greater part of the time shall be his or her
official residence for the purposes of this act. If a person is
homeless or otherwise lacks a fixed or temporary residence,
residence means the village, city, or township where the person
spends a majority of his or her time. This section shall not be
construed to affect existing judicial interpretation of the term
residence for purposes other than the purposes of this act.
(q) "Student" means an individual enrolled on a full- or part-
time basis in a public or private educational institution,
including, but not limited to, a secondary school, trade school,
professional institution, or institution of higher education.
(r) "Tier I offender" means an individual convicted of a tier
I offense who is not a tier II or tier III offender.
(s) "Tier I offense" means 1 or more of the following:
(i) A violation of section 145c(4) of the Michigan penal code,
1931 PA 328, MCL 750.145c.
(ii) A violation of section 335a(2)(b) of the Michigan penal
code, 1931 PA 328, MCL 750.335a, if a victim is a minor.
(iii) A violation of section 349b of the Michigan penal code,
1931 PA 328, MCL 750.349b, if the victim is a minor.
(iv) A violation of section 449a(2) of the Michigan penal code,
1931 PA 328, MCL 750.449a.
(v) (iv) A
violation of section 520e or 520g(2) of the Michigan
penal code, 1931 PA 328, MCL 750.520e and 750.520g, if the victim
is 18 years or older.
(vi) (v) A
violation of section 539j of the Michigan penal
code, 1931 PA 328, MCL 750.539j, if a victim is a minor.
(vii) (vi) Any
other violation of a law of this state or a local
ordinance of a municipality, other than a tier II or tier III
offense, that by its nature constitutes a sexual offense against an
individual who is a minor.
(viii) (vii) An
offense committed by a person who was, at the
time of the offense, a sexually delinquent person as defined in
section 10a of the Michigan penal code, 1931 PA 328, MCL 750.10a.
(ix) (viii) An
attempt or conspiracy to commit an offense
described
in subparagraphs (i) to (vii).(viii).
(x) (ix) An
offense substantially similar to an offense
described
in subparagraphs (i) to (viii) (ix) under a law of the
United States that is specifically enumerated in 42 USC 16911,
under a law of any state or any country, or under tribal or
military law.
(t) "Tier II offender" means either of the following:
(i) A tier I offender who is subsequently convicted of another
offense that is a tier I offense.
(ii) An individual convicted of a tier II offense who is not a
tier III offender.
(u) "Tier II offense" means 1 or more of the following:
(i) A violation of section 145a of the Michigan penal code,
1931 PA 328, MCL 750.145a.
(ii) A violation of section 145b of the Michigan penal code,
1931 PA 328, MCL 750.145b.
(iii) A violation of section 145c(2) or (3) of the Michigan
penal code, 1931 PA 328, MCL 750.145c.
(iv) A violation of section 145d(1)(a) of the Michigan penal
code, 1931 PA 328, MCL 750.145d, except for a violation arising out
of a violation of section 157c of the Michigan penal code, 1931 PA
328, MCL 750.157c.
(v) A violation of section 158 of the Michigan penal code,
1931 PA 328, MCL 750.158, committed against a minor unless either
of the following applies:
(A) All of the following:
(I) The victim consented to the conduct constituting the
violation.
(II) The victim was at least 13 years of age but less than 16
years of age at the time of the violation.
(III) The individual is not more than 4 years older than the
victim.
(B) All of the following:
(I) The victim consented to the conduct constituting the
violation.
(II) The victim was 16 or 17 years of age at the time of the
violation.
(III) The victim was not under the custodial authority of the
individual at the time of the violation.
(vi) A violation of section 338, 338a, or 338b of the Michigan
penal code, 1931 PA 328, MCL 750.338, 750.338a, and 750.338b,
committed against an individual 13 years of age or older but less
than 18 years of age. This subparagraph does not apply if the court
determines that either of the following applies:
(A) All of the following:
(I) The victim consented to the conduct constituting the
violation.
(II) The victim was at least 13 years of age but less than 16
years of age at the time of the violation.
(III) The individual is not more than 4 years older than the
victim.
(B) All of the following:
(I) The victim consented to the conduct constituting the
violation.
(II) The victim was 16 or 17 years of age at the time of the
violation.
(III) The victim was not under the custodial authority of the
individual at the time of the violation.
(vii) A violation of section 462e of the Michigan penal code,
1931 PA 328, MCL 750.462e.
(viii) (vii) A
violation of section 448 of the Michigan penal
code, 1931 PA 328, MCL 750.448, if the victim is a minor.
(ix) (viii) A
violation of section 455 of the Michigan penal
code, 1931 PA 328, MCL 750.455.
(x) (ix) A
violation of section 520c, 520e, or 520g(2) of the
Michigan penal code, 1931 PA 328, MCL 750.520c, 750.520e, and
750.520g, committed against an individual 13 years of age or older
but less than 18 years of age.
(xi) (x) A
violation of section 520c committed against an
individual 18 years of age or older.
(xii) (xi) An
attempt or conspiracy to commit an offense
described
in subparagraphs (i) to (x).(xi).
(xiii) (xii) An
offense substantially similar to an offense
described
in subparagraphs (i) to (xi) (xii) under a law of the United
States that is specifically enumerated in 42 USC 16911, under a law
of any state or any country, or under tribal or military law.
(v) "Tier III offender" means either of the following:
(i) A tier II offender subsequently convicted of a tier I or II
offense.
(ii) An individual convicted of a tier III offense.
(w) "Tier III offense" means 1 or more of the following:
(i) A violation of section 338, 338a, or 338b of the Michigan
penal code, 1931 PA 328, MCL 750.338, 750.338a, and 750.338b,
committed against an individual less than 13 years of age.
(ii) A violation of section 349 of the Michigan penal code,
1931 PA 328, MCL 750.349, committed against a minor.
(iii) A violation of section 350 of the Michigan penal code,
1931 PA 328, MCL 750.350.
(iv) A violation of section 520b, 520d, or 520g(1) of the
Michigan penal code, 1931 PA 328, MCL 750.520b, 750.520d, and
750.520g. This subparagraph does not apply if the court determines
that the victim consented to the conduct constituting the
violation, that the victim was at least 13 years of age but less
than 16 years of age at the time of the offense, and that the
individual is not more than 4 years older than the victim.
(v) A violation of section 520c or 520g(2) of the Michigan
penal code, 1931 PA 328, MCL 750.520c and 750.520g, committed
against an individual less than 13 years of age.
(vi) A violation of section 520e of the Michigan penal code,
1931 PA 328, MCL 750.520e, committed by an individual 17 years of
age or older against an individual less than 13 years of age.
(vii) An attempt or conspiracy to commit an offense described
in subparagraphs (i) to (vi).
(viii) An offense substantially similar to an offense described
in subparagraphs (i) to (vii) under a law of the United States that
is specifically enumerated in 42 USC 16911, under a law of any
state or any country, or under tribal or military law.
(x) "Vehicle" means that term as defined in section 79 of the
Michigan vehicle code, 1949 PA 300, MCL 257.79.
(y) "Vessel" means that term as defined in section 44501 of
the natural resources and environmental protection act, 1994 PA
451, MCL 324.44501.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
