Bill Text: MI HB4035 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Criminal procedure; sex offender registration; exception to prohibition against residing within a student safety zone; modify. Amends sec. 35 of 1994 PA 295 (MCL 28.735).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2013-01-23 - Printed Bill Filed 01/23/2013 [HB4035 Detail]

Download: Michigan-2013-HB4035-Introduced.html

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HOUSE BILL No. 4035

 

January 22, 2013, Introduced by Rep. Geiss and referred to the Committee on Criminal Justice.

 

     A bill to amend 1994 PA 295, entitled

 

"Sex offenders registration act,"

 

by amending section 35 (MCL 28.735), as amended by 2005 PA 322.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 35. (1) Except as otherwise provided in this section and

 

section 36, an individual required to be registered under article

 

II shall not reside within a student safety zone.

 

     (2) An individual who violates subsection (1) is guilty of a

 

crime as follows:

 

     (a) For the first violation, the individual is guilty of a

 

misdemeanor punishable by imprisonment for not more than 1 year or

 

a fine of not more than $1,000.00, or both.

 

     (b) An individual who violates this section and has 1 or more

 

prior convictions under this section is guilty of a felony

 

punishable by imprisonment for not more than 2 years or a fine of

 

not more than $2,000.00, or both.

 

     (3) This section does not apply to any of the following:

 

     (a) An individual who is not more than 19 years of age and

 

attends secondary school or postsecondary school, and resides with

 

his or her parent or guardian. However, this exception does not

 

apply to an individual who initiates or maintains contact with a

 

minor within that student safety zone, . However, except that the

 

individual may initiate or maintain contact with a minor with whom

 

he or she attends secondary school or postsecondary school in

 

conjunction with that school attendance.

 

     (b) An individual who is not more than 26 years of age and

 

attends a special education program, and resides with his or her

 

parent or guardian or resides in a group home or assisted living

 

facility. However, an individual described in this subdivision

 

shall not initiate or maintain contact with a minor within that

 

student safety zone, . The except that the individual shall be

 

permitted to may initiate or maintain contact with a minor with

 

whom he or she attends a special education program in conjunction

 

with that attendance.

 

     (c) An individual who was residing within that student safety

 

zone on January 1, 2006, who has continued to reside in that

 

student safety zone since that date, and who has not subsequently

 

been convicted of an offense for which the individual is required

 

to be registered under this act. However, this exception does not

 

apply to an individual who initiates or maintains contact with a

 

minor within that student safety zone.

 

     (d) An individual who is a patient in a hospital or hospice

 

that is located within a student safety zone. However, this

 

exception does not apply to an individual who initiates or

 

maintains contact with a minor within that student safety zone.

 

     (e) An individual who resides within a student safety zone

 

because the individual is an inmate or resident of a prison, jail,

 

juvenile facility, or other correctional facility or is a patient

 

of a mental health facility under an order of commitment. However,

 

this exception does not apply to an individual who initiates or

 

maintains contact with a minor within that student safety zone.

 

     (4) An individual who resides within a student safety zone and

 

who is subsequently required to register under article II shall

 

change his or her residence to a location outside the student

 

safety zone not more than 90 days after he or she is sentenced for

 

the conviction that gives rise to the obligation to register under

 

article II. However, this exception does not apply to an individual

 

who initiates or maintains contact with a minor within that student

 

safety zone during the 90-day period described in this subsection.

 

     (5) This section does not prohibit an individual from being

 

charged with, convicted of, or punished for any other violation of

 

law that is committed by that individual while violating this

 

section.