Bill Text: MI HB5282 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Criminal procedure; sex offender registration; use of commercial social networking websites by sex offenders; prohibit. Amends 1994 PA 295 (MCL 28.721 - 28.736) by adding sec. 37.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2009-09-02 - Printed Bill Filed 08/27/2009 [HB5282 Detail]

Download: Michigan-2009-HB5282-Introduced.html

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HOUSE BILL No. 5282

 

August 26, 2009, Introduced by Rep. Haveman and referred to the Committee on Judiciary.

 

     A bill to amend 1994 PA 295, entitled

 

"Sex offenders registration act,"

 

(MCL 28.721 to 28.736) by adding section 37.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 37. (1) An individual who was convicted of a listed

 

offense in which the victim or intended victim was a minor, or was

 

believed by the individual to be a minor, and the offense involved

 

the use of a computer shall not access a commercial social

 

networking website when the individual knows or has reason to know

 

that the commercial social networking website permits minor

 

children to become members or create or maintain a personal webpage

 

on a commercial social networking website.

 

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

 

felony punishable by imprisonment for not more than 5 years or a

 

fine of not more than $5,000.00, or both.

 

     (3) A violation or attempted violation of this section may be

 

prosecuted in any jurisdiction in which the communication that is

 

the basis of the violation originated or terminated.

 

     (4) As used in this section:

 

     (a) "Commercial social networking website" means a website

 

that is all of the following:

 

     (i) Operated by a person who derives revenue from membership

 

fees, advertising, or other sources related to the operation of the

 

website.

 

     (ii) Facilitates the social introduction between 2 or more

 

individuals for the purpose of friendship, meeting other

 

individuals, or information exchange.

 

     (iii) Allows users to create posts, webpages, or personal

 

profiles that contain or facilitate the exchange of information,

 

including, but not limited to, the user's name or nickname,

 

photographs placed on the user's personal webpage, personal

 

information about the user, and links to other personal webpages on

 

the internet website of the user's friends or associates that may

 

be accessed by the other user or a visitor to the website.

 

     (iv) Provides a user or a visitor to the internet website with

 

a mechanism to communicate with other users, including, but not

 

limited to, a message board, chat room, electronic mail, or instant

 

message services.

 

     (v) Permits registered users to create an online journal and

 

to share that journal with other users, but not necessarily with

 

all users.

 

     (b) "Internet" means that term as defined in section 230 of

 

the communications act of 1934, 47 USC 230.

 

     (c) "Journal" means a record of events, thoughts, expressions,

 

or statements provided, directly or indirectly, by a registered

 

user.

 

     (d) "Profile" means data or other information entered by a

 

registered user that is stored and made available by the commercial

 

social networking website in a restricted or unrestricted manner.

 

     Enacting section 1. This amendatory act takes effect on the

 

first day of the third month after it is enacted into law.