Bill Text: MI HB4533 | 2015-2016 | 98th Legislature | Introduced


Bill Title: Criminal procedure; records; child abuse offenders registry; create. Creates new act.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2015-04-30 - Printed Bill Filed 04/30/2015 [HB4533 Detail]

Download: Michigan-2015-HB4533-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4533

 

April 29, 2015, Introduced by Rep. Kosowski and referred to the Committee on Judiciary.

 

      A bill to require persons convicted of child abuse offenses

 

to register; to prescribe the powers and duties of certain

 

departments and agencies in connection with that registration;

 

and to prescribe fees, penalties, and sanctions.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 1. This act shall be known and may be cited as the

 

 2  "child abuse offender registration act".

 

 3        Sec. 2. As used in this act:

 

 4        (a) "Child abuse offense" means 1 or more of the following:

 

 5        (i) A violation of section 136b of the Michigan penal code,

 

 6  1931 PA 328, MCL 750.136b (child abuse).

 

 7        (ii) A violation of 1 or more of the following committed

 

 8  against a minor:

 

 9        (A) Section 81 of the Michigan penal code, 1931 PA 328, MCL

 


 1  750.81 (assault and battery).

 

 2        (B) Section 81a of the Michigan penal code, 1931 PA 328, MCL

 

 3  750.81a (aggravated assault and battery).

 

 4        (C) Section 82 of the Michigan penal code, 1931 PA 328, MCL

 

 5  750.82 (felonious assault).

 

 6        (D) Section 83 of the Michigan penal code, 1931 PA 328, MCL

 

 7  750.83 (assault with intent to commit murder).

 

 8        (E) Section 84 of the Michigan penal code, 1931 PA 328, MCL

 

 9  750.84 (assault with intent to do great bodily harm less than

 

10  murder).

 

11        (F) Section 85 of the Michigan penal code, 1931 PA 328, MCL

 

12  750.85 (torture).

 

13        (G) Section 86 of the Michigan penal code, 1931 PA 328, MCL

 

14  750.86 (assault with intent to maim).

 

15        (H) Section 91 of the Michigan penal code, 1931 PA 328, MCL

 

16  750.91 (attempted murder).

 

17        (I) Section 316 of the Michigan penal code, 1931 PA 328, MCL

 

18  750.316 (first degree murder).

 

19        (J) Section 317 of the Michigan penal code, 1931 PA 328, MCL

 

20  750.317 (second degree murder).

 

21        (K) Section 321 of the Michigan penal code, 1931 PA 328, MCL

 

22  750.321 (manslaughter).

 

23        (iii) Any other violation of a law of this state or a local

 

24  ordinance of a municipality that by its nature constitutes a

 

25  child abuse offense against an individual who is less than 18

 

26  years of age.

 

27        (iv) An attempt or conspiracy to commit an offense described

 


 1  in subparagraphs (i) to (iii).

 

 2        (v) An offense substantially similar to an offense described

 

 3  in subparagraphs (i) to (iv) under a law of the United States, any

 

 4  state, or any country or under tribal or military law.

 

 5        (b) "Convicted" means 1 of the following:

 

 6        (i) Having a judgment of conviction or a probation order

 

 7  entered in any court having jurisdiction over criminal offenses,

 

 8  including, but not limited to, a tribal court or a military

 

 9  court, and including a conviction subsequently set aside under

 

10  1965 PA 213, MCL 780.621 to 780.624.

 

11        (ii) Either of the following:

 

12        (A) Being assigned to youthful trainee status under sections

 

13  11 to 15 of chapter II of the code of criminal procedure, 1927 PA

 

14  175, MCL 762.11 to 762.15, before October 1, 2004.

 

15        (B) Being assigned to youthful trainee status under sections

 

16  11 to 15 of chapter II of the code of criminal procedure, 1927 PA

 

17  175, MCL 762.11 to 762.15, on or after October 1, 2004 if the

 

18  individual's status of youthful trainee is revoked and an

 

19  adjudication of guilt is entered.

 

20        (iii) Having an order of disposition entered under section 18

 

21  of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL

 

22  712A.18, that is open to the general public under section 28 of

 

23  chapter XIIA of the probate code of 1939, 1939 PA 288, MCL

 

24  712A.28.

 

25        (iv) Having an order of disposition or other adjudication in

 

26  a juvenile matter in another state or country.

 

27        (c) "Department" means the department of state police.

 


 1        (d) "Institution of higher education" means 1 or more of the

 

 2  following:

 

 3        (i) A public or private community college, college, or

 

 4  university.

 

 5        (ii) A public or private trade, vocational, or occupational

 

 6  school.

 

 7        (e) "Local law enforcement agency" means the police

 

 8  department of a municipality.

 

 9        (f) "Minor" means an individual less than 18 years of age.

 

10        (g) "Municipality" means a city, village, or township of

 

11  this state.

 

12        (h) "Registering authority" means the local law enforcement

 

13  agency or sheriff's office having jurisdiction over the

 

14  individual's residence, place of employment, or institution of

 

15  higher learning, or the nearest department post designated to

 

16  receive or enter child abuse offender registration information

 

17  within a registration jurisdiction.

 

18        (i) "Registration jurisdiction" means each of the 50 states,

 

19  the District of Columbia, the Commonwealth of Puerto Rico, Guam,

 

20  the Northern Mariana Islands, the United States Virgin Islands,

 

21  American Samoa, and the Indian tribes within the United States

 

22  that elect to function as a registration jurisdiction.

 

23        (j) "Residence" means that place at which a person

 

24  habitually sleeps, keeps his or her personal effects, and has a

 

25  regular place of lodging. If a person has more than 1 residence,

 

26  or if a wife has a residence separate from that of the husband,

 

27  that place at which the person resides the greater part of the

 


 1  time shall be his or her official residence for the purposes of

 

 2  this act. If a person is homeless or otherwise lacks a fixed or

 

 3  temporary residence, residence means the village, city, or

 

 4  township where the person spends a majority of his or her time.

 

 5        (k) "Student" means an individual enrolled on a full- or

 

 6  part-time basis in a public or private educational institution,

 

 7  including, but not limited to, a secondary school, trade school,

 

 8  professional institution, or institution of higher education.

 

 9        (l) "Vehicle" means that term as defined in section 79 of the

 

10  Michigan vehicle code, 1949 PA 300, MCL 257.79.

 

11        (m) "Vessel" means that term as defined in section 44501 of

 

12  the natural resources and environmental protection act, 1994 PA

 

13  451, MCL 324.44501.

 

14        Sec. 3. (1) Subject to subsection (2), the following

 

15  individuals who are domiciled or temporarily reside in this state

 

16  or who work with or without compensation or are students in this

 

17  state, or who are domiciled, reside, or work with or without

 

18  compensation or are students in this state for 30 or more total

 

19  days in a calendar year are required to be registered under this

 

20  act:

 

21        (a) An individual who is convicted of a child abuse offense

 

22  after January 1, 2016.

 

23        (b) An individual convicted of a child abuse offense on or

 

24  before January 1, 2016 if on January 1, 2016 he or she is on

 

25  probation or parole, committed to jail, committed to the

 

26  jurisdiction of the department of corrections, or under the

 

27  jurisdiction of the juvenile division of the probate court or the

 


 1  department of health and human services for that offense or is

 

 2  placed on probation or parole, committed to jail, committed to

 

 3  the jurisdiction of the department of corrections, placed under

 

 4  the jurisdiction of the juvenile division of the probate court or

 

 5  family division of circuit court, or committed to the department

 

 6  of health and human services after January 1, 2016 for that

 

 7  offense.

 

 8        (c) An individual convicted of a child abuse offense on or

 

 9  before January 1, 2016 if on January 1, 2016 he or she is on

 

10  probation or parole that has been transferred to this state for

 

11  that offense or his or her probation or parole is transferred to

 

12  this state after January 1, 2016 for that offense.

 

13        (d) An individual from another state who is required to

 

14  register or otherwise be identified as a child abuse offender

 

15  under a comparable statute of that state.

 

16        (e) An individual who was previously convicted of a listed

 

17  offense for which he or she was not required to register under

 

18  this act, but who is convicted of any other felony on or after

 

19  January 1, 2016.

 

20        (2) A nonresident who is convicted in this state on or after

 

21  July 1, 2016 of committing child abuse who is not otherwise

 

22  described in subsection (1) shall nevertheless register under

 

23  this act. However, the continued reporting requirements of this

 

24  act do not apply to the individual while he or she remains a

 

25  nonresident and is not otherwise required to report under this

 

26  act. The individual shall have his or her photograph taken under

 

27  section 5a.

 


 1        Sec. 4. (1) Registration of an individual under this act

 

 2  shall proceed as provided in this section.

 

 3        (2) For an individual convicted of a child abuse offense on

 

 4  or before January 1, 2016 who on or before January 1, 2016 is

 

 5  sentenced for that offense, has a disposition entered for that

 

 6  offense, or is assigned to youthful trainee status for that

 

 7  offense, the following shall register the individual by March 1,

 

 8  2016:

 

 9        (a) If the individual is on probation for the child abuse

 

10  offense, the individual's probation officer.

 

11        (b) If the individual is committed to jail for the child

 

12  abuse offense, the sheriff or his or her designee.

 

13        (c) If the individual is under the jurisdiction of the

 

14  department of corrections for the child abuse offense, the

 

15  department of corrections.

 

16        (d) If the individual is on parole for the child abuse

 

17  offense, the individual's parole officer.

 

18        (e) If the individual is within the jurisdiction of the

 

19  juvenile division of the probate court or the department of

 

20  health and human services under an order of disposition for the

 

21  child abuse offense, the juvenile division of the probate court

 

22  or the department of health and human services.

 

23        (3) Except as provided in subsection (4), for an individual

 

24  convicted of a child abuse offense on or before January 1, 2016:

 

25        (a) If the individual is sentenced for that offense after

 

26  January 1, 2016 or assigned to youthful trainee status after

 

27  January 1, 2016, the probation agent shall register the

 


 1  individual before sentencing or assignment.

 

 2        (b) If the individual's probation or parole is transferred

 

 3  to this state after January 1, 2016, the probation or parole

 

 4  agent shall register the individual immediately after the

 

 5  transfer.

 

 6        (c) If the individual is placed within the jurisdiction of

 

 7  the juvenile division of the probate court or family division of

 

 8  circuit court or committed to the department of health and human

 

 9  services under an order of disposition entered after January 1,

 

10  2016, the juvenile division of the probate court or family

 

11  division of circuit court shall register the individual before

 

12  the order of disposition is entered.

 

13        (4) Subject to section 3, an individual convicted of a child

 

14  abuse offense in this state after January 1, 2016 and an

 

15  individual who was previously convicted of a listed offense for

 

16  which he or she was not required to register under this act, but

 

17  who is convicted of any other felony on or after January 1, 2016,

 

18  shall register before sentencing, entry of the order of

 

19  disposition, or assignment to youthful trainee status for that

 

20  child abuse offense or that other felony. The probation officer

 

21  or the family division of circuit court shall give the individual

 

22  the registration form after the individual is convicted, explain

 

23  the duty to register and to pay a registration fee, to verify his

 

24  or her address, and to provide notice of address changes, and

 

25  accept the completed registration for processing under section 6.

 

26  The court shall not impose sentence, enter the order of

 

27  disposition, or assign the individual to youthful trainee status,

 


 1  until it determines that the individual's registration was

 

 2  forwarded to the department as required under section 6.

 

 3        (5) All of the following shall register with the local law

 

 4  enforcement agency, sheriff's department, or the department

 

 5  immediately after becoming domiciled or temporarily residing,

 

 6  working, or being a student in this state:

 

 7        (a) Subject to section 3, an individual convicted of a child

 

 8  abuse offense in another state or country after January 1, 2016.

 

 9        (b) An individual required to be registered as a child abuse

 

10  offender in another state or country regardless of when the

 

11  conviction was entered.

 

12        (6) If a prosecution or juvenile proceeding is pending on

 

13  January 1, 2016, whether the defendant in a criminal case or the

 

14  minor in a juvenile proceeding is required to register under this

 

15  act shall be determined on the basis of the law in effect on

 

16  January 1, 2016.

 

17        Sec. 4a. (1) An individual required to be registered under

 

18  this act who is not a resident of this state shall report his or

 

19  her status in person to the registering authority having

 

20  jurisdiction over a campus of an institution of higher education

 

21  if either of the following occurs:

 

22        (a) The individual is or enrolls as a student with that

 

23  institution of higher education or the individual discontinues

 

24  that enrollment.

 

25        (b) As part of his or her course of studies at an

 

26  institution of higher education in this state, the individual is

 

27  present at any other location in this state, another state, a

 


 1  territory or possession of the United States, or the individual

 

 2  discontinues his or her studies at that location.

 

 3        (2) An individual required to be registered under this act

 

 4  who is a resident of this state shall report his or her status in

 

 5  person to the registering authority having jurisdiction where his

 

 6  or her new residence or domicile is located if any of the events

 

 7  described under subsection (1) occur.

 

 8        (3) The report required under subsections (1) and (2) shall

 

 9  be made immediately after he or she enrolls or discontinues his

 

10  or her enrollment as a student on that campus including study in

 

11  this state or another state, a territory or possession of the

 

12  United States, or another country.

 

13        (4) The additional registration reports required under this

 

14  section shall be made in the time periods described in section

 

15  5a(3) for reports under that section.

 

16        (5) The local law enforcement agency, sheriff's department,

 

17  or department post to which an individual reports under this

 

18  section shall require the individual to pay the registration fee

 

19  required under section 5a or section 7(1) and to present written

 

20  documentation of employment status, contractual relationship,

 

21  volunteer status, or student status. Written documentation under

 

22  this subsection may include, but need not be limited to, any of

 

23  the following:

 

24        (a) A W-2 form, pay stub, or written statement by an

 

25  employer.

 

26        (b) A contract.

 

27        (c) A student identification card or student transcript.

 


 1        (6) This section does not apply to an individual whose

 

 2  enrollment and participation at an institution of higher

 

 3  education is solely through the mail or the Internet from a

 

 4  remote location.

 

 5        Sec. 5. (1) An individual required to be registered under

 

 6  this act who is a resident of this state shall report in person

 

 7  and notify the registering authority having jurisdiction where

 

 8  his or her residence or domicile is located immediately after any

 

 9  of the following occur:

 

10        (a) The individual changes or vacates his or her residence

 

11  or domicile.

 

12        (b) The individual changes his or her place of employment,

 

13  or employment is discontinued.

 

14        (c) The individual enrolls as a student with an institution

 

15  of higher education, or enrollment is discontinued.

 

16        (d) The individual changes his or her name.

 

17        (e) The individual intends to temporarily reside at any

 

18  place other than his or her residence for more than 7 days.

 

19        (f) Any change required to be reported under section 4a.

 

20        (2) An individual required to be registered under this act

 

21  who is not a resident of this state but has his or her place of

 

22  employment in this state shall report in person and notify the

 

23  registering authority having jurisdiction where his or her place

 

24  of employment is located or the department post of the

 

25  individual's place of employment immediately after the individual

 

26  changes his or her place of employment or employment is

 

27  discontinued.

 


 1        (3) If an individual who is incarcerated in a state

 

 2  correctional facility and is required to be registered under this

 

 3  act is granted parole or is due to be released upon completion of

 

 4  his or her maximum sentence, the department of corrections,

 

 5  before releasing the individual, shall provide notice of the

 

 6  location of the individual's proposed place of residence or

 

 7  domicile to the department of state police.

 

 8        (4) If an individual who is incarcerated in a county jail

 

 9  and is required to be registered under this act is due to be

 

10  released from custody, the sheriff's department, before releasing

 

11  the individual, shall provide notice of the location of the

 

12  individual's proposed place of residence or domicile to the

 

13  department of state police.

 

14        (5) Immediately after either of the following occurs, the

 

15  department of corrections shall notify the local law enforcement

 

16  agency or sheriff's department having jurisdiction over the area

 

17  to which the individual is transferred or the department post of

 

18  the transferred residence or domicile of an individual required

 

19  to be registered under this act:

 

20        (a) The individual is transferred to a community residential

 

21  program.

 

22        (b) The individual is transferred into a level 1

 

23  correctional facility of any kind, including a correctional camp

 

24  or work camp.

 

25        (6) An individual required to be registered under this act

 

26  who is a resident of this state shall report in person and notify

 

27  the registering authority having jurisdiction where his or her

 


 1  residence or domicile is located immediately before he or she

 

 2  changes his or her domicile or residence to another state. The

 

 3  individual shall indicate the new state and, if known, the new

 

 4  address. The department shall update the registration and

 

 5  compilation databases and promptly notify the appropriate law

 

 6  enforcement agency and any applicable child abuse offender

 

 7  registration authority in the new state.

 

 8        (7) An individual required to be registered under this act

 

 9  who is a resident of this state shall report in person and notify

 

10  the registering authority having jurisdiction where his or her

 

11  residence or domicile is located not later than 21 days before he

 

12  or she changes his or her domicile or residence to another

 

13  country or travels to another country for more than 7 days. The

 

14  individual shall state the new country of residence or country of

 

15  travel and the address of his or her new domicile or residence or

 

16  place of stay, if known. The department shall update the

 

17  registration and compilation databases and promptly notify the

 

18  appropriate law enforcement agency and any applicable child abuse

 

19  offender registration authority.

 

20        (8) If the probation or parole of an individual required to

 

21  be registered under this act is transferred to another state or

 

22  an individual required to be registered under this act is

 

23  transferred from a state correctional facility to any

 

24  correctional facility or probation or parole in another state,

 

25  the department of corrections shall promptly notify the

 

26  department and the appropriate law enforcement agency and any

 

27  applicable child abuse offender registration authority in the new

 


 1  state. The department shall update the registration and

 

 2  compilation databases.

 

 3        (9) An individual registered under this act shall comply

 

 4  with the verification procedures and proof of residence

 

 5  procedures prescribed in sections 4a and 5a.

 

 6        (10) A child abuse offender shall comply with this section

 

 7  as follows:

 

 8        (a) Except as provided in subdivisions (b) and (c), for 25

 

 9  years.

 

10        (b) For a conviction of fourth degree child abuse under

 

11  section 136b(7) of the Michigan penal code, 1931 PA 328, MCL

 

12  750.136b, for 2 years.

 

13        (c) For a second or subsequent child abuse offense, for

 

14  life.

 

15        (11) The registration periods under this section exclude any

 

16  period of incarceration for committing a crime and any period of

 

17  civil commitment.

 

18        (12) For an individual who was previously convicted of a

 

19  child abuse offense for which he or she was not required to

 

20  register under this act but who is convicted of any felony on or

 

21  after January 1, 2016, any period of time that he or she was not

 

22  incarcerated for that child abuse offense or that other felony

 

23  and was not civilly committed counts toward satisfying the

 

24  registration period for that listed offense as described in this

 

25  section. If those periods equal or exceed the registration period

 

26  described in this section, the individual has satisfied his or

 

27  her registration period for the child abuse offense and is not

 


 1  required to register under this act. If those periods are less

 

 2  than the registration period described in this section for that

 

 3  child abuse offense, the individual shall comply with this

 

 4  section for the period of time remaining.

 

 5        Sec. 5a. (1) The department shall mail a notice to each

 

 6  individual registered under this act who is not in a state

 

 7  correctional facility explaining the individual's duties under

 

 8  this act as amended.

 

 9        (2) Upon the release of an individual registered under this

 

10  act who is in a state correctional facility, the department of

 

11  corrections shall provide written notice to that individual

 

12  explaining his or her duties under this section and this act as

 

13  amended and the procedure for registration, notification, and

 

14  verification and payment of the registration fee prescribed under

 

15  subsection (6) or section 7(1). The individual shall sign and

 

16  date the notice. The department of corrections shall maintain a

 

17  copy of the signed and dated notice in the individual's file. The

 

18  department of corrections shall forward the original notice to

 

19  the department immediately, regardless of whether the individual

 

20  signs it.

 

21        (3) Subject to subsection (4), an individual required to be

 

22  registered under this act who is not incarcerated shall report in

 

23  person to the registering authority where he or she is domiciled

 

24  or resides for verification of domicile or residence as follows:

 

25        (a) If the individual was convicted of a child abuse offense

 

26  that is a misdemeanor, the individual shall report once each year

 

27  during the individual's month of birth.

 


 1        (b) If the individual was convicted of a child abuse offense

 

 2  that is a felony, the individual shall report 4 times each year

 

 3  according to the following schedule:

 

 

Birth Month                  Reporting Months

January                      January, April, July, and October

February                     February, May, August, and November

March                        March, June, September, and December

April                        April, July, October, and January

May                          May, August, November, and February

10 June                         June, September, December, and March

11 July                         July, October, January, and April

12 August                       August, November, February, and May

13 September                    September, December, March, and June

14 October                      October, January, April, and July

15 November                     November, February, May, and August

16 December                     December, March, June, and September

 

 

17        (4) A report under subsection (3) shall be made no earlier

 

18  than the first day or later than the last day of the month in

 

19  which the individual is required to report. However, if the

 

20  registration period for that individual expires during the month

 

21  in which he or she is required to report under this section, the

 

22  individual shall report during that month on or before the date

 

23  his or her registration period expires. When an individual

 

24  reports under subsection (3), the individual shall review all

 

25  registration information for accuracy.

 

26        (5) When an individual reports under subsection (3), an

 

27  officer or authorized employee of the registering authority shall

 


 1  verify the individual's residence or domicile and any information

 

 2  required to be reported under section 4a. The officer or

 

 3  authorized employee shall also determine whether the individual's

 

 4  photograph required under this act matches the appearance of the

 

 5  individual sufficiently to properly identify him or her from that

 

 6  photograph. If not, the officer or authorized employee shall

 

 7  require the individual to immediately obtain a current photograph

 

 8  under this section. When all of the verification information has

 

 9  been provided, the officer or authorized employee shall review

 

10  that information with the individual and make any corrections,

 

11  additions, or deletions the officer or authorized employee

 

12  determines are necessary based on the review. The officer or

 

13  authorized employee shall sign and date a verification receipt.

 

14  The officer or authorized employee shall give a copy of the

 

15  signed receipt showing the date of verification to the

 

16  individual. The officer or authorized employee shall forward

 

17  verification information to the department in the manner the

 

18  department prescribes. The department shall revise the law

 

19  enforcement database and public Internet website maintained under

 

20  section 8 as necessary and shall indicate verification in the

 

21  public Internet website maintained under section 8(2).

 

22        (6) Except as otherwise provided in section 5b, an

 

23  individual who reports as prescribed under subsection (3) shall

 

24  pay a $35.00 registration fee as follows:

 

25        (a) Upon initial registration.

 

26        (b) Annually following the year of initial registration. The

 

27  payment of the registration fee under this subdivision shall be

 


 1  made at the time the individual reports in the first reporting

 

 2  month for that individual as set forth in subsection (3) of each

 

 3  year in which the fee applies, unless an individual elects to

 

 4  prepay an annual registration fee for any future year for which

 

 5  an annual registration fee is required. Prepaying any annual

 

 6  registration fee shall not change or alter the requirement of an

 

 7  individual to report as set forth in subsection (3). The

 

 8  registration fee required to be paid under this subdivision shall

 

 9  not be prorated on grounds that the individual will complete his

 

10  or her registration period after the month in which the fee is

 

11  due.

 

12        (c) The sum of the amounts required to be paid under

 

13  subdivisions (a) and (b) shall not exceed $385.00.

 

14        (7) An individual required to be registered under this act

 

15  shall maintain either a valid operator's or chauffeur's license

 

16  issued under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to

 

17  257.923, or an official state personal identification card issued

 

18  under 1972 PA 222, MCL 28.291 to 28.300, with the individual's

 

19  current address. The license or card may be used as proof of

 

20  domicile or residence under this section. In addition, the

 

21  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        (8) An individual registered under this act who is

 

27  incarcerated shall report to the secretary of state under this

 


 1  subsection immediately after he or she is released to have his or

 

 2  her digitalized photograph taken. The individual is not required

 

 3  to report under this subsection if he or she had a digitized

 

 4  photograph taken for an operator's or chauffeur's license or

 

 5  official state personal identification card before January 1,

 

 6  2016, or within 2 years before he or she is released unless his

 

 7  or her appearance has changed from the date of that photograph.

 

 8  Unless the person is a nonresident, the photograph shall be used

 

 9  on the individual's operator's or chauffeur's license or official

 

10  state personal identification card. The individual shall have a

 

11  new photograph taken when he or she renews the license or

 

12  identification card as provided by law, or as otherwise provided

 

13  in this act. The secretary of state shall make the digitized

 

14  photograph available to the department for a registration under

 

15  this act.

 

16        (9) If an individual does not report under this section or

 

17  under section 4a, the department shall notify all registering

 

18  authorities as provided in section 8a and initiate enforcement

 

19  action as set forth in that section.

 

20        (10) The department shall prescribe the form for the notices

 

21  and verification procedures required under this section.

 

22        Sec. 5b. (1) Of the money collected by a court, local law

 

23  enforcement agency, sheriff's department, or department post from

 

24  each registration fee prescribed under this act, $25.00 shall be

 

25  forwarded to the department, which shall deposit the money in the

 

26  child abuse offenders registration fund created under subsection

 

27  (2), and $10.00 shall be retained by the court, local law

 


 1  enforcement agency, sheriff's department, or department post.

 

 2        (2) The child abuse offenders registration fund is created

 

 3  as a separate fund in the department of treasury. The state

 

 4  treasurer shall credit the money received from the payment of the

 

 5  registration fee prescribed under this act to the child abuse

 

 6  offenders registration fund. Money credited to the fund shall

 

 7  only be used by the department for training concerning, and the

 

 8  maintenance and automation of, the law enforcement database,

 

 9  public Internet website, information required under section 8, or

 

10  notification and offender registration duties under section 4a.

 

11  Money in the child abuse offenders registration fund at the close

 

12  of the fiscal year shall remain in the fund and shall not lapse

 

13  to the general fund.

 

14        (3) If an individual required to pay a registration fee

 

15  under this act is indigent, the registration fee shall be waived

 

16  for a period of 90 days. The burden is on the individual claiming

 

17  indigence to prove the fact of indigence to the satisfaction of

 

18  the local law enforcement agency, sheriff's department, or

 

19  department post where the individual is reporting.

 

20        (4) Payment of the registration fee prescribed under this

 

21  act shall be made in the form and by means prescribed by the

 

22  department. Upon payment of the registration fee prescribed under

 

23  this act, the officer or employee shall forward verification of

 

24  the payment to the department in the manner the department

 

25  prescribes. The department shall revise the law enforcement

 

26  database and public Internet website maintained under section 8

 

27  as necessary and shall indicate verification of payment in the

 


 1  compilation under section 8(1).

 

 2        Sec. 5c. The department of corrections shall not collect any

 

 3  fee prescribed under this act.

 

 4        Sec. 6. (1) The officer, court, or agency registering an

 

 5  individual or receiving or accepting a registration under section

 

 6  4 or receiving notice under section 5(1) shall provide the

 

 7  individual with a copy of the registration or notification at the

 

 8  time of registration or notice.

 

 9        (2) The officer, court, or agency registering an individual

 

10  or receiving or accepting a registration under section 4 or

 

11  notified of an address change under section 5(1) shall forward

 

12  the registration or notification to the department in a manner

 

13  described by the department immediately after registration or

 

14  notification.

 

15        Sec. 7. (1) Registration information obtained under this act

 

16  shall be forwarded to the department in the format the department

 

17  prescribes. Except as provided in section 5b(3), a $35.00

 

18  registration fee shall accompany each original registration. All

 

19  of the following information shall be obtained or otherwise

 

20  provided for registration purposes:

 

21        (a) The individual's legal name and any aliases, nicknames,

 

22  ethnic or tribal names, or other names by which the individual is

 

23  or has been known. An individual who is in a witness protection

 

24  and relocation program is only required to use the name and

 

25  identifying information reflecting his or her new identity in a

 

26  registration under this act. The registration and compilation

 

27  databases shall not contain any information identifying the

 


 1  individual's prior identity or locale.

 

 2        (b) The individual's social security number and any social

 

 3  security numbers or alleged social security numbers previously

 

 4  used by the individual.

 

 5        (c) The individual's date of birth and any alleged dates of

 

 6  birth previously used by the individual.

 

 7        (d) The address where the individual resides or will reside.

 

 8  If the individual does not have a residential address,

 

 9  information under this subsection shall identify the location or

 

10  area used or to be used by the individual in lieu of a residence

 

11  or, if the individual is homeless, the village, city, or township

 

12  where the person spends or will spend the majority of his or her

 

13  time.

 

14        (e) The name and address of any place of temporary lodging

 

15  used or to be used by the individual during any period in which

 

16  the individual is away, or is expected to be away, from his or

 

17  her residence for more than 7 days. Information under this

 

18  subdivision shall include the dates the lodging is used or to be

 

19  used.

 

20        (f) The name and address of each of the individual's

 

21  employers. For purposes of this subdivision, "employer" includes

 

22  a contractor and any individual who has agreed to hire or

 

23  contract with the individual for his or her services. Information

 

24  under this subsection shall include the address or location of

 

25  employment if different from the address of the employer. If the

 

26  individual lacks a fixed employment location, the information

 

27  obtained under this subdivision shall include the general areas

 


 1  where the individual works and the normal travel routes taken by

 

 2  the individual in the course of his or her employment.

 

 3        (g) The name and address of any school being attended by the

 

 4  individual and any school that has accepted the individual as a

 

 5  student that he or she plans to attend. For purposes of this

 

 6  subdivision, "school" means a public or private postsecondary

 

 7  school or school of higher education, including a trade school.

 

 8        (h) All telephone numbers registered to the individual or

 

 9  routinely used by the individual.

 

10        (i) The individual's driver license number or state personal

 

11  identification card number.

 

12        (j) A digital copy of the individual's passport and other

 

13  immigration documents.

 

14        (k) The individual's occupational and professional licensing

 

15  information, including any license that authorizes the individual

 

16  to engage in any occupation, profession, trade, or business.

 

17        (l) A brief summary of the individual's convictions for

 

18  listed offenses regardless of when the conviction occurred,

 

19  including where the offense occurred and the original charge if

 

20  the conviction was for a lesser offense.

 

21        (m) A complete physical description of the individual.

 

22        (n) The photograph required under section 5a.

 

23        (o) The individual's fingerprints if not already on file

 

24  with the department and the individual's palm prints. An

 

25  individual required to be registered under this act shall have

 

26  his or her fingerprints or palm prints or both taken not later

 

27  than February 1, 2016 if his or her fingerprints or palm prints

 


 1  are not already on file with the department. The department shall

 

 2  forward a copy of the individual's fingerprints and palm prints

 

 3  to the Federal Bureau of Investigation if not already on file

 

 4  with that bureau.

 

 5        (p) Information that is required to be reported under

 

 6  section 4a.

 

 7        (2) A registration shall contain all of the following:

 

 8        (a) An electronic copy of the offender's Michigan driver

 

 9  license or Michigan personal identification card, including the

 

10  photograph required under this act.

 

11        (b) The text of the provision of law that defines the

 

12  criminal offense for which the child abuse offender is

 

13  registered.

 

14        (c) Any outstanding arrest warrant information.

 

15        (d) The individual's tier classification.

 

16        (e) An identifier that indicates whether a DNA sample has

 

17  been collected and any resulting DNA profile has been entered

 

18  into the federal combined DNA index system (CODIS).

 

19        (f) The individual's complete criminal history record,

 

20  including the dates of all arrests and convictions.

 

21        (g) The individual's Michigan department of corrections

 

22  number and status of parole, probation, or supervised release.

 

23        (h) The individual's Federal Bureau of Investigation number.

 

24        (3) The form used for notification of duties under this act

 

25  shall contain a written statement that explains the duty of the

 

26  individual being registered to provide notice of changes in his

 

27  or her registration information, the procedures for providing

 


 1  that notice, and the verification procedures under section 5a.

 

 2        (4) The individual shall sign a registration and notice.

 

 3  However, the registration and notice shall be forwarded to the

 

 4  department regardless of whether the individual signs it or pays

 

 5  the registration fee required under subsection (1).

 

 6        (5) The officer, court, or an employee of the agency

 

 7  registering the individual or receiving or accepting a

 

 8  registration under section 4 shall sign the registration form.

 

 9        (6) An individual shall not knowingly provide false or

 

10  misleading information concerning a registration, notice, or

 

11  verification.

 

12        (7) The department shall prescribe the form for a

 

13  notification required under section 5 and the format for

 

14  forwarding the notification to the department.

 

15        (8) The department shall promptly provide registration,

 

16  notice, and verification information to the Federal Bureau of

 

17  Investigation and to local law enforcement agencies, sheriff's

 

18  departments, department posts, and other registering

 

19  jurisdictions, as provided by law.

 

20        Sec. 8. (1) The department shall maintain a computerized law

 

21  enforcement database of registrations and notices required under

 

22  this act. The law enforcement database shall contain all of the

 

23  following information for each individual registered under this

 

24  act:

 

25        (a) The individual's legal name and any aliases, nicknames,

 

26  ethnic or tribal names, or other names by which the individual is

 

27  or has been known.

 


 1        (b) The individual's social security number and any social

 

 2  security numbers or alleged social security numbers previously

 

 3  used by the individual.

 

 4        (c) The individual's date of birth and any alleged dates of

 

 5  birth previously used by the individual.

 

 6        (d) The address where the individual resides or will reside.

 

 7  If the individual does not have a residential address,

 

 8  information under this subsection shall identify the location or

 

 9  area used or to be used by the individual in lieu of a residence

 

10  or, if the individual is homeless, the village, city, or township

 

11  where the individual spends or will spend the majority of his or

 

12  her time.

 

13        (e) The name and address of any place of temporary lodging

 

14  used or to be used by the individual during any period in which

 

15  the individual is away, or is expected to be away, from his or

 

16  her residence for more than 7 days. Information under this

 

17  subdivision shall include the dates the lodging is used or to be

 

18  used.

 

19        (f) The name and address of each of the individual's

 

20  employers. For purposes of this subdivision, "employer" includes

 

21  a contractor and any individual who has agreed to hire or

 

22  contract with the individual for his or her services. Information

 

23  under this subsection shall include the address or location of

 

24  employment if different from the address of the employer.

 

25        (g) The name and address of any school being attended by the

 

26  individual and any school that has accepted the individual as a

 

27  student that he or she plans to attend. For purposes of this

 


 1  subdivision, "school" means a public or private postsecondary

 

 2  school or school of higher education, including a trade school.

 

 3        (h) All telephone numbers registered to the individual or

 

 4  routinely used by the individual.

 

 5        (i) The individual's driver license number or state personal

 

 6  identification card number.

 

 7        (j) A digital copy of the individual's passport and other

 

 8  immigration documents.

 

 9        (k) The individual's occupational and professional licensing

 

10  information, including any license that authorizes the individual

 

11  to engage in any occupation, profession, trade, or business.

 

12        (l) A brief summary of the individual's convictions for

 

13  listed offenses regardless of when the conviction occurred,

 

14  including where the offense occurred and the original charge if

 

15  the conviction was for a lesser offense.

 

16        (m) A complete physical description of the individual.

 

17        (n) The photograph required under section 5a.

 

18        (o) The individual's fingerprints and palm prints.

 

19        (p) An electronic copy of the offender's Michigan driver

 

20  license or Michigan personal identification card, including the

 

21  photograph required under this act.

 

22        (q) The text of the provision of law that defines the

 

23  criminal offense for which the child abuser is registered.

 

24        (r) Any outstanding arrest warrant information.

 

25        (s) The individual's registration status.

 

26        (t) An identifier that indicates whether a DNA sample has

 

27  been collected and any resulting DNA profile has been entered

 


 1  into the federal combined DNA index system (CODIS).

 

 2        (u) The individual's complete criminal history record,

 

 3  including the dates of all arrests and convictions.

 

 4        (v) The individual's Michigan department of corrections

 

 5  number and the status of his or her parole, probation, or

 

 6  release.

 

 7        (w) The individual's Federal Bureau of Investigation number.

 

 8        (2) The department shall maintain a public Internet website

 

 9  separate from the law enforcement database described in

 

10  subsection (1) to implement section 10(2) and (3). Except as

 

11  provided in subsection (4), the public Internet website shall

 

12  contain all of the following information for each individual

 

13  registered under this act:

 

14        (a) The individual's legal name and any aliases, nicknames,

 

15  ethnic or tribal names, or other names by which the individual is

 

16  or has been known.

 

17        (b) The individual's date of birth.

 

18        (c) The address where the individual resides. If the

 

19  individual does not have a residential address, information under

 

20  this subsection shall identify the village, city, or township

 

21  used by the individual in lieu of a residence.

 

22        (d) The address of each of the individual's employers. For

 

23  purposes of this subdivision, "employer" includes a contractor

 

24  and any individual who has agreed to hire or contract with the

 

25  individual for his or her services. Information under this

 

26  subsection shall include the address or location of employment if

 

27  different from the address of the employer.

 


 1        (e) The address of any school being attended by the

 

 2  individual and any school that has accepted the individual as a

 

 3  student that he or she plans to attend. For purposes of this

 

 4  subdivision, "school" means a public or private postsecondary

 

 5  school or school of higher education, including a trade school.

 

 6        (f) A brief summary of the individual's convictions for

 

 7  listed offenses regardless of when the conviction occurred.

 

 8        (g) A complete physical description of the individual.

 

 9        (h) The photograph required under this act. If no photograph

 

10  is available, the department shall use an arrest photograph or

 

11  Michigan department of corrections photograph until a photograph

 

12  as prescribed in section 5a becomes available.

 

13        (i) The text of the provision of law that defines the

 

14  criminal offense for which the child abuser is registered.

 

15        (j) The individual's registration status.

 

16        (3) The following information shall not be made available on

 

17  the public Internet website described in subsection (2):

 

18        (a) The identity of any victim of the offense.

 

19        (b) The individual's social security number.

 

20        (c) Any arrests not resulting in a conviction.

 

21        (d) Any travel or immigration document numbers.

 

22        (e) Any electronic mail addresses and instant message

 

23  addresses assigned to the individual or routinely used by the

 

24  individual and any login names or other identifiers used by the

 

25  individual when using any electronic mail address or instant

 

26  messaging system.

 

27        (f) The individual's driver license number or state personal

 


 1  identification card number.

 

 2        (4) The public Internet website described in subsection (2)

 

 3  shall not include the following individuals:

 

 4        (a) An individual registered solely because he or she had 1

 

 5  or more dispositions for a listed offense entered under section

 

 6  18 of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL

 

 7  712A.18, in a case that was not designated as a case in which the

 

 8  individual was to be tried in the same manner as an adult under

 

 9  section 2d of chapter XIIA of the probate code of 1939, 1939 PA

 

10  288, MCL 712A.2d.

 

11        (b) An individual registered solely because he or she was

 

12  the subject of an order of disposition or other adjudication in a

 

13  juvenile matter in another state or country.

 

14        (5) The compilation of individuals shall be indexed

 

15  alphabetically by village, city, township, and county,

 

16  numerically by zip code area, and geographically as determined

 

17  appropriate by the department.

 

18        (6) The department shall update the public Internet website

 

19  with new registrations, deletions from registrations, and address

 

20  changes at the same time those changes are made to the law

 

21  enforcement database described in subsection (1). The department

 

22  shall make the law enforcement database available to each

 

23  department post, local law enforcement agency, and sheriff's

 

24  department by the law enforcement information network. Upon

 

25  request by a department post, local law enforcement agency, or

 

26  sheriff's department, the department shall provide to that post,

 

27  agency, or sheriff's department the information from the law

 


 1  enforcement database in printed form for the designated areas

 

 2  located in whole or in part within the post's, agency's, or

 

 3  sheriff's department's jurisdiction. The department shall provide

 

 4  the ability to conduct a computerized search of the law

 

 5  enforcement database and the public Internet website based upon

 

 6  the name and campus location of an institution of higher

 

 7  education.

 

 8        (7) The department shall make the law enforcement database

 

 9  available to a department post, local law enforcement agency, or

 

10  sheriff's department by electronic, computerized, or other

 

11  similar means accessible to the post, agency, or sheriff's

 

12  department. The department shall make the public Internet website

 

13  available to the public by electronic, computerized, or other

 

14  similar means accessible to the public. The electronic,

 

15  computerized, or other similar means shall provide for a search

 

16  by name, village, city, township, and county designation, zip

 

17  code, and geographical area.

 

18        (8) If a court determines that the public availability under

 

19  section 10 of any information concerning individuals registered

 

20  under this act violates the constitution of the United States or

 

21  this state, the department shall revise the public Internet

 

22  website described in subsection (2) so that it does not contain

 

23  that information.

 

24        (9) If the department determines that an individual has

 

25  completed his or her registration period or that he or she

 

26  otherwise is no longer required to register under this act, the

 

27  department shall remove the individual's registration information

 


 1  from both the law enforcement database and the public Internet

 

 2  website within 7 days after making that determination.

 

 3        (10) If the individual provides the department with

 

 4  documentation showing that he or she is required to register

 

 5  under this act for a violation that has been set aside under 1965

 

 6  PA 213, MCL 780.621 to 780.624, or that has been otherwise

 

 7  expunged, the department shall note on the public Internet

 

 8  website that the violation has been set aside or expunged.

 

 9        Sec. 8a. (1) If an individual fails to register or to update

 

10  his or her registration information as required under this act,

 

11  the local law enforcement agency, sheriff's office, or department

 

12  post responsible for registering the individual or for verifying

 

13  and updating his or her registration information shall do all of

 

14  the following immediately after the date the individual was

 

15  required to register or to update his or her registration

 

16  information:

 

17        (a) Determine whether the individual has absconded or is

 

18  otherwise unlocatable.

 

19        (b) If the registering authority was notified by a

 

20  registration jurisdiction that the individual was to appear in

 

21  order to register or update his or her registration information

 

22  in the jurisdiction of the registering authority, notify the

 

23  department in a manner prescribed by the department that the

 

24  individual failed to appear as required.

 

25        (c) Revise the information in the registry to reflect that

 

26  the individual has absconded or is otherwise unlocatable.

 

27        (d) Seek a warrant for the individual's arrest if the legal

 


 1  requirements for obtaining a warrant are satisfied.

 

 2        (e) Enter the individual into the national crime information

 

 3  center wanted person file if the requirements for entering

 

 4  information into that file are met.

 

 5        (2) If an individual fails to register or to update his or

 

 6  her registration information as required under this act, the

 

 7  department shall do all of the following immediately after being

 

 8  notified by the registering authority that the individual failed

 

 9  to appear as required:

 

10        (a) Notify that other registration jurisdiction that the

 

11  individual failed to appear as required.

 

12        (b) Notify the United States Marshals Service in the manner

 

13  required by the United States Marshals Service of the

 

14  individual's failure to appear as required.

 

15        Sec. 9. (1) An individual required to be registered under

 

16  this act who willfully violates this act is guilty of a

 

17  misdemeanor punishable by imprisonment for not more than 90 days

 

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

 

19        (2) The court shall revoke the probation of an individual

 

20  placed on probation who willfully violates this act.

 

21        (3) The court shall revoke the youthful trainee status of an

 

22  individual assigned to youthful trainee status who willfully

 

23  violates this act.

 

24        (4) The parole board shall rescind the parole of an

 

25  individual released on parole who willfully violates this act.

 

26        (5) An individual's failure to register as required by this

 

27  act or a violation of section 5(1), (3), or (4) may be prosecuted

 


 1  in the judicial district of any of the following:

 

 2        (a) The individual's last registered address or residence.

 

 3        (b) The individual's actual address or residence.

 

 4        (c) Where the individual was arrested for the violation.

 

 5        Sec. 10. (1) Except as provided in this act, a registration

 

 6  or report is confidential and information from that registration

 

 7  or report shall not be open to inspection except for law

 

 8  enforcement purposes. The registration or report and all included

 

 9  materials and information are exempt from disclosure under

 

10  section 13 of the freedom of information act, 1976 PA 442, MCL

 

11  15.243.

 

12        (2) A department post, local law enforcement agency, or

 

13  sheriff's department shall make information from the public

 

14  Internet website described in section 8(2) for the designated

 

15  areas located in whole or in part within the post's, agency's, or

 

16  sheriff's department's jurisdiction available for public

 

17  inspection during regular business hours. A department post,

 

18  local law enforcement agency, or sheriff's department is not

 

19  required to make a copy of the information for a member of the

 

20  public.

 

21        (3) The department may make information from the public

 

22  Internet website described in section 8(2) available to the

 

23  public through electronic, computerized, or other accessible

 

24  means. The department shall provide for notification by

 

25  electronic or computerized means to any member of the public who

 

26  has subscribed in a manner required by the department when an

 

27  individual who is the subject of the public Internet website

 


 1  described in section 8(2) initially registers under this act, or

 

 2  changes his or her registration under this act, to a location

 

 3  that is in a designated area or geographic radius designated by

 

 4  the subscribing member of the public.

 

 5        (4) Except as provided in this act, an individual other than

 

 6  the registrant who knows of a registration or report under this

 

 7  act and who divulges, uses, or publishes nonpublic information

 

 8  concerning the registration or report in violation of this act is

 

 9  guilty of a misdemeanor punishable by imprisonment for not more

 

10  than 93 days or a fine of not more than $1,000.00, or both.

 

11        (5) An individual whose registration or report is revealed

 

12  in violation of this act has a civil cause of action against the

 

13  responsible party for treble damages.

 

14        (6) Subsections (4) and (5) do not apply to the public

 

15  Internet website described in section 8(2) or information from

 

16  that public Internet website that is provided or made available

 

17  under section 8(2) or under subsection (2) or (3).

 

18        Enacting section 1. This act takes effect 90 days after the

 

19  date it is enacted into law.

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