Bill Text: MI SB1331 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Criminal procedure; sex offender registration; loitering within 1,000 feet of day care center; prohibit, and regulate certain other conduct in school safety zones. Amends secs. 34 & 35 of 1994 PA 295 (MCL 28.734 & 28.735).
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Introduced - Dead) 2012-09-27 - Referred To Committee On Judiciary [SB1331 Detail]
Download: Michigan-2011-SB1331-Introduced.html
SENATE BILL No. 1331
September 27, 2012, Introduced by Senators BOOHER, BRANDENBURG, HANSEN, JONES, COLBECK and ANDERSON and referred to the Committee on Judiciary.
A bill to amend 1994 PA 295, entitled
"Sex offenders registration act,"
by amending sections 34 and 35 (MCL 28.734 and 28.735), as amended
by 2005 PA 322.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 34. (1) Except as provided in this section and section
36, an individual required to be registered under article II for an
offense that was committed against a minor shall not do 1 or more
of the following:
(a) Work within a student safety zone.
(b) Loiter within a student safety zone or within 1,000 feet
of a licensed day care center. As used in this subdivision, "day
care center" means that term as defined in section 1 of 1973 PA
116, MCL 722.111.
(2) An individual who violates this section is guilty of a
crime as follows:
(a) For the first violation, the individual is guilty of a
misdemeanor punishable by imprisonment for not more than 1 year or
a fine of not more than $1,000.00, or both.
(b) An individual who violates this section and has 1 or more
prior convictions under this section is guilty of a felony
punishable by imprisonment for not more than 2 years or a fine of
not more than $2,000.00, or both.
(3) Subsection (1)(a) does not apply to any of the following:
(a) An individual who was working within a student safety zone
on January 1, 2006. However, this exception does not apply to an
individual who initiates or maintains contact with a minor within
that student safety zone.
(b) An individual whose place of employment is within a
student safety zone solely because a school is relocated or is
initially established 1,000 feet or less from the individual's
place of employment. However, this exception does not apply to an
individual who initiates or maintains contact with a minor within
that student safety zone.
(c) An individual who only intermittently or sporadically
enters a student safety zone for the purpose of work. However, this
exception does not apply to an individual who initiates or
maintains contact with a minor within a student safety zone.
(4) Subsection (1)(a) and (b) does not apply to either of the
following:
(a) An individual who is within a student safety zone or
within 1,000 feet of a day care center while transporting his or
her child to or from school or to or from a school-sanctioned
event.
(b) An individual who is within a student safety zone or
within 1,000 feet of a day care center for the purpose of meeting
with an employee of the school regarding the attendance of his or
her child at that school.
(5) (4)
This section does not prohibit an
individual from
being charged with, convicted of, or punished for any other
violation of law that is committed by that individual while
violating this section.
(6) (5)
Nothing in this section shall be
construed to prohibit
an individual from exercising his or her right to vote.
Sec. 35. (1) Except as otherwise provided in this section and
section 36, an individual required to be registered under article
II for an offense committed against a minor shall not reside within
a student safety zone.
(2) An individual who violates subsection (1) is guilty of a
crime as follows:
(a) For the first violation, the individual is guilty of a
misdemeanor punishable by imprisonment for not more than 1 year or
a fine of not more than $1,000.00, or both.
(b) An individual who violates this section and has 1 or more
prior convictions under this section is guilty of a felony
punishable by imprisonment for not more than 2 years or a fine of
not more than $2,000.00, or both.
(3) This section does not apply to any of the following:
(a) An individual who is not more than 19 years of age and
attends secondary school or postsecondary school, and resides with
his or her parent or guardian. However, this exception does not
apply to an individual who initiates or maintains contact with a
minor
within that student safety zone. However, the The individual
may initiate or maintain contact with a minor with whom he or she
attends secondary school or postsecondary school in conjunction
with that school attendance.
(b) An individual who is not more than 26 years of age and
attends a special education program, and resides with his or her
parent or guardian or resides in a group home or assisted living
facility. However, an individual described in this subdivision
shall not initiate or maintain contact with a minor within that
student safety zone. The individual shall be permitted to initiate
or maintain contact with a minor with whom he or she attends a
special education program in conjunction with that attendance.
(c) An individual who was residing within that student safety
zone on January 1, 2006. However, this exception does not apply to
an individual who initiates or maintains contact with a minor
within that student safety zone.
(d) An individual who is a patient in a hospital or hospice
that is located within a student safety zone. However, this
exception does not apply to an individual who initiates or
maintains contact with a minor within that student safety zone.
(e) An individual who resides within a student safety zone
because the individual is an inmate or resident of a prison, jail,
juvenile facility, or other correctional facility or is a patient
of a mental health facility under an order of commitment. However,
this exception does not apply to an individual who initiates or
maintains contact with a minor within that student safety zone.
(4) An individual who resides within a student safety zone and
who is subsequently required to register under article II shall
change his or her residence to a location outside the student
safety zone not more than 90 days after he or she is sentenced for
the conviction that gives rise to the obligation to register under
article II. However, this exception does not apply to an individual
who initiates or maintains contact with a minor within that student
safety zone during the 90-day period described in this subsection.
(5) This section does not prohibit an individual from being
charged with, convicted of, or punished for any other violation of
law that is committed by that individual while violating this
section.
