Bill Text: MI SB0261 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Criminal procedure; records; child abuse offenders registry; create. Creates new act. TIE BAR WITH: SB 0263'17
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2018-12-06 - Referred To Committee On Judiciary [SB0261 Detail]
Download: Michigan-2017-SB0261-Engrossed.html
SB-0261, As Passed Senate, December 6, 2018
SENATE BILL No. 261
March 21, 2017, Introduced by Senators HERTEL, CONYERS, JONES, HORN, SCHMIDT, ROCCA, BRANDENBURG, BIEDA, PROOS, HOPGOOD, KNEZEK, NOFS, MACGREGOR, MARLEAU, HUNE and SCHUITMAKER and referred to the Committee on Judiciary.
A bill to create the child abuse offenders registry; to
prescribe the powers and duties of certain departments and agencies
in connection with that registry; and to prescribe penalties and
sanctions.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the "child
abuse offenders registry act".
Sec. 2. As used in this act:
(a) "Child abuse offense" means any violation of section 136b
of the Michigan penal code, 1931 PA 328, MCL 750.136b (child
abuse), or a substantially similar offense under a law of the
United States, any state, or any country or under tribal or
military law, that is committed by an adult or by a minor who is
tried in the same manner as an adult under section 2d of chapter
XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2d.
(b) "Convicted" means any 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,
other than 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.
(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, if the individual's status of youthful
trainee is revoked and an adjudication of guilt is entered.
(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.
(c) "Department" means the department of state police.
(d) "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.
(e) "Local law enforcement agency" means the police department
of a municipality.
(f) "Minor" means a person who is under 18 years of age.
(g) "Municipality" means a city, village, or township of this
state.
(h) "Registering authority" means the local law enforcement
agency or sheriff's office having jurisdiction over the person's
residence, place of employment, or institution of higher learning,
or the nearest department post designated to receive or enter child
abuse offender registration information within a registration
jurisdiction.
(i) "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.
(j) "Residence", as used in this act, for registration and
voting purposes means the place where 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 person has
a residence separate from that of his or her spouse, the place
where the person resides the greater part of the time is 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 must not be
construed to affect existing judicial interpretation of the term
residence.
(k) "Student" means a person 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.
Sec. 3. (1) The department shall maintain a computerized law
enforcement database of registrations and notices required under
the child abuse offenders registration act. The law enforcement
database must contain all of the following information for each
person registered under that act:
(a) The person's legal name and any aliases, nicknames, ethnic
or tribal names, or other names by which the person is or has been
known.
(b) The person's social security number and any social
security numbers or alleged social security numbers previously used
by the person.
(c) The person's date of birth and any alleged dates of birth
previously used by the person.
(d) The address where the person resides or will reside. If
the person does not have a residential address, information under
this subsection must identify the location or area used or to be
used by the person in lieu of a residence or, if the person is
homeless, the village, city, or township where the person spends or
will spend the majority of his or her time.
(e) The name and address of any place of temporary lodging
used or to be used by the person during any period when the person
is away, or is expected to be away, from his or her residence for
more than 7 days. Information under this subdivision must include
the dates the lodging is used or to be used.
(f) The name and address of each of the person's employers.
For purposes of this subdivision, "employer" includes a contractor
and any person who has agreed to hire or contract with the person
for his or her services. Information under this subsection must
include the address or location of employment if it differs from
the address of the employer.
(g) The name and address of any school being attended by the
person and any school that has accepted the person as a student
that he or she plans to attend. For purposes of this subdivision,
"school" means a public or private postsecondary school or school
of higher education, including a trade school.
(h) All telephone numbers registered to the person or
routinely used by the person.
(i) All electronic mail addresses and instant message
addresses assigned to the person or routinely used by the person.
(j) A digital copy of the person's passport and other
immigration documents.
(k) The person's occupational and professional licensing
information, including any license that authorizes the person to
engage in any occupation, profession, trade, or business.
(l) A brief summary of the person's convictions for child
abuse offenses regardless of when the conviction occurred,
including where the offense occurred and the original charge if the
conviction was for a lesser offense.
(m) A complete physical description of the person.
(n) The photograph required under section 7 of the child abuse
offender registration act.
(o) The person's fingerprints and palm prints.
(p) An electronic copy of the person's Michigan driver license
or Michigan personal identification card, including the photograph
required under section 7 of the child abuse offenders registration
act.
(q) The text of the provision of law that defines the criminal
offense for which the person is registered.
(r) Any outstanding arrest warrant information.
(s) The person's registration status.
(t) An identifier that indicates whether a DNA sample has been
collected and any resulting DNA profile has been entered into the
federal Combined DNA Index System (CODIS).
(u) The person's complete criminal history record, including
the dates of all arrests and convictions.
(v) The person's Michigan department of corrections number and
the status of his or her parole, probation, or release.
(w) The person's Federal Bureau of Investigation number.
(2) The department shall maintain a public internet website
separate from the law enforcement database described in subsection
(1) to implement section 5(2) and (3). The public internet website
must contain all of the following information for each person
registered under the child abuse offenders registration act:
(a) The person's legal name and any aliases, nicknames, ethnic
or tribal names, or other names by which the person is or has been
known.
(b) The person's date of birth.
(c) The address where the person resides. If the person does
not have a residential address, information under this subsection
must identify the village, city, or township used by the person in
lieu of a residence.
(d) The address of each of the person's employers. For
purposes of this subdivision, "employer" includes a contractor and
any person who has agreed to hire or contract with the person for
his or her services. Information under this subsection must include
the address or location of employment if it differs from the
address of the employer.
(e) The address of any school being attended by the person and
any school that has accepted the person as a student that he or she
plans to attend. For purposes of this subdivision, "school" means a
public or private postsecondary school or school of higher
education, including a trade school.
(f) A brief summary of the person's convictions for child
abuse offenses regardless of when the conviction occurred.
(g) A complete physical description of the person.
(h) The photograph required under section 7 of the child abuse
offenders registration act. If no photograph is available, the
department shall use an arrest photograph or Michigan department of
corrections photograph until a photograph as prescribed in section
7 of the child abuse offenders registration act becomes available.
(i) The text of the provision of law that defines the criminal
offense for which the person is registered.
(j) The person's registration status.
(3) The following information must not be made available on
the public internet website described in subsection (2):
(a) The identity of any victim of the offense.
(b) The person's social security number.
(c) Any arrests not resulting in a conviction.
(d) Any travel or immigration document numbers.
(e) Any electronic mail addresses and instant message
addresses assigned to the person or routinely used by the person
and any login names or other identifiers used by the person when
using any electronic mail address or instant messaging system.
(f) The person's driver license number or state personal
identification card number.
(4) The compilation of persons must be indexed alphabetically
by village, city, township, and county, numerically by zip code
area, and geographically as determined appropriate by the
department.
(5) The department shall update the public internet website
with new registrations, deletions from registrations, and address
changes at the same time those changes are made to the law
enforcement database described in subsection (1). The department
shall make the law enforcement database available to each
department post, local law enforcement agency, and sheriff's
department by the law enforcement information network. Upon request
of a department post, local law enforcement agency, or sheriff's
department, the department shall provide to that post, agency, or
sheriff's department the information from the law enforcement
database in printed or electronic form for the designated areas
located in whole or in part within the post's, agency's, or
sheriff's department's jurisdiction. The department shall provide
the ability to conduct a computerized search of the law enforcement
database and the public internet website based upon the name and
campus location of an institution of higher education.
(6) The department shall make the law enforcement database
available to a department post, local law enforcement agency, or
sheriff's department by electronic, computerized, or other similar
means accessible to the post, agency, or sheriff's department. The
department shall make the public internet website available to the
public by electronic, computerized, or other similar means
accessible to the public. The electronic, computerized, or other
similar means must provide for a search by name, village, city,
township, and county designation, zip code, and geographical area.
(7) If a court determines that the public availability under
section 5 of any information concerning persons registered under
the child abuse offenders registration act violates the
Constitution of the United States or this state, the department
shall revise the public internet website described in subsection
(2) so that it does not contain that information.
(8) If the department determines that a person has completed
his or her registration period or that he or she otherwise is no
longer required to register under the child abuse offenders
registration act, the department shall remove the person's
registration information from both the law enforcement database and
the public internet website within 7 days after making that
determination.
Sec. 4. (1) If a person fails to register or to update his or
her registration information as required under the child abuse
offenders registration act, the local law enforcement agency,
sheriff's office, or department post responsible for registering
the person or for verifying and updating his or her registration
information shall do all of the following immediately after the
date the person was required to register or to update his or her
registration information:
(a) Determine whether the person has absconded or is otherwise
unlocatable.
(b) If the registering authority was notified by a
registration jurisdiction that the person was to appear in order to
register or update his or her registration information in the
jurisdiction of the registering authority, notify the department in
a manner prescribed by the department that the person failed to
appear as required.
(c) Revise the information in the registry to reflect that the
person has absconded or is otherwise unlocatable.
(d) Seek a warrant for the person's arrest if the legal
requirements for obtaining a warrant are satisfied.
(e) Enter the person into the National Crime Information
Center wanted person file if the requirements for entering
information into that file are met.
(2) If a person fails to register or to update his or her
registration information as required under the child abuse
offenders registration act, the department shall do all of the
following immediately after being notified by the registering
authority that the person failed to appear as required:
(a) Notify that other registration jurisdiction that the
person failed to appear as required.
(b) Notify the United States Marshal's Service in the manner
required by the United States Marshal's Service of the person's
failure to appear as required.
Sec. 5. (1) Except as provided in this act, a registration or
report is confidential and information from that registration or
report must not be open to inspection except for law enforcement
purposes. The registration or report and all included materials and
information are exempt from disclosure under section 13 of the
freedom of information act, 1976 PA 442, MCL 15.243.
(2) A department post, local law enforcement agency, or
sheriff's department shall make information from the public
internet website described in section 3(2) for the designated areas
located in whole or in part within the post's, agency's, or
sheriff's department's jurisdiction available for public inspection
during regular business hours. A department post, local law
enforcement agency, or sheriff's department is not required to make
a copy of the information for a member of the public.
(3) The department shall make information from the public
internet website described in section 3(2) available to the public
through electronic, computerized, or other accessible means. The
department shall provide for notification by electronic or
computerized means to any member of the public who has subscribed
in a manner required by the department when a person who is the
subject of the public internet website described in section 3(2)
initially registers under the child abuse offenders registration
act, or changes his or her registration under that act, to a
location that is in a designated area or geographic radius
designated by the subscribing member of the public.
(4) Except as provided in this act, a person other than the
registrant who knows of a registration or report under the child
abuse offenders registration act and who divulges, uses, or
publishes nonpublic information concerning the registration or
report in violation of this act is guilty of a misdemeanor
punishable by imprisonment for not more than 93 days or a fine of
not more than $1,000.00, or both.
(5) A person whose registration or report is revealed in
violation of this act has a civil cause of action against the
responsible party for treble damages.
(6) Subsections (4) and (5) do not apply to the public
internet website described in section 3(2) or information from that
public internet website that is provided or made available under
section 3(2) or under subsection (2) or (3).
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.
Enacting section 2. This act does not take effect unless
Senate Bill No. 263 of
the 99th Legislature is enacted into law.
Enacting section 3. This act must be known and may be cited as
"Wyatt's Law".
