Bill Text: MI HB5241 | 2013-2014 | 97th Legislature | Engrossed

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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

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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.