Bill Text: MI SB1337 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Criminal procedure; sex offender registration; certain fees assessed for sex offender registration; increase. Amends secs. 4, 4a, 5a, 5b, 7 & 9 of 1994 PA 295 (MCL 28.724 et seq.).
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2010-05-13 - Referred To Committee On Judiciary [SB1337 Detail]
Download: Michigan-2009-SB1337-Introduced.html
SENATE BILL No. 1337
May 13, 2010, Introduced by Senators KAHN and BISHOP and referred to the Committee on Judiciary.
A bill to amend 1994 PA 295, entitled
"Sex offenders registration act,"
by amending sections 4, 4a, 5a, 5b, 7, and 9 (MCL 28.724, 28.724a,
28.725a, 28.725b, 28.727, and 28.729), section 4 as amended by 2004
PA 240, sections 4a and 7 as amended and section 5b as added by
2004 PA 237, section 5a as amended by 2005 PA 322, and section 9 as
amended by 2005 PA 132.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 4. (1) Registration of an individual under this act shall
proceed as provided in this section.
(2) For an individual convicted of a listed offense on or
before October 1, 1995 who on or before October 1, 1995 is
sentenced for that offense, has a disposition entered for that
offense, or is assigned to youthful trainee status for that
offense, the following shall register the individual by December
31, 1995:
(a) If the individual is on probation for the listed offense,
the individual's probation officer.
(b) If the individual is committed to jail for the listed
offense, the sheriff or his or her designee.
(c) If the individual is under the jurisdiction of the
department of corrections for the listed offense, the department of
corrections.
(d) If the individual is on parole for the listed offense, the
individual's parole officer.
(e) If the individual is within the jurisdiction of the
juvenile division of the probate court or the department of social
services under an order of disposition for the listed offense, the
juvenile division of the probate court or the department of social
services.
(3) Except as provided in subsection (4), for an individual
convicted of a listed offense on or before October 1, 1995:
(a) If the individual is sentenced for that offense after
October 1, 1995 or assigned to youthful trainee status after
October 1, 1995, the probation officer shall register the
individual before sentencing or assignment.
(b) If the individual's probation or parole is transferred to
this state after October 1, 1995, the probation or parole officer
shall register the individual within 14 days after the transfer.
(c) If the individual is placed within the jurisdiction of the
juvenile division of the probate court or family division of
circuit court or committed to the department of social services or
family independence agency under an order of disposition entered
after October 1, 1995, the juvenile division of the probate court
or family division of circuit court shall register the individual
before the order of disposition is entered.
(4) For an individual convicted on or before September 1, 1999
of an offense that was added on September 1, 1999 to the definition
of listed offense, the following shall register the individual:
(a) If the individual is on probation or parole on September
1, 1999 for the listed offense, the individual's probation or
parole officer not later than September 12, 1999.
(b) If the individual is committed to jail on September 1,
1999 for the listed offense, the sheriff or his or her designee not
later than September 12, 1999.
(c) If the individual is under the jurisdiction of the
department of corrections on September 1, 1999 for the listed
offense, the department of corrections not later than November 30,
1999.
(d) If the individual is within the jurisdiction of the family
division of circuit court or committed to the family independence
agency or county juvenile agency on September 1, 1999 under an
order of disposition for the listed offense, the family division of
circuit court, the family independence agency, or the county
juvenile agency not later than November 30, 1999.
(e) If the individual is sentenced or assigned to youthful
trainee status for that offense after September 1, 1999, the
probation officer shall register the individual before sentencing
or assignment.
(f) If the individual's probation or parole for the listed
offense is transferred to this state after September 1, 1999, the
probation or parole officer shall register the individual within 14
days after the transfer.
(g) If the individual is placed within the jurisdiction of the
family division of circuit court or committed to the family
independence agency for the listed offense after September 1, 1999,
the family division of circuit court shall register the individual
before the order of disposition is entered.
(5) Subject to section 3, an individual convicted of a listed
offense in this state after October 1, 1995 shall register before
sentencing, entry of the order of disposition, or assignment to
youthful trainee status. The probation officer or the family
division of circuit court shall give the individual the
registration form after the individual is convicted, explain the
duty
to register and to pay a registration fee fees,
to verify his
or her address, and to provide notice of address changes, and
accept the completed registration for processing under section 6.
The court shall not impose sentence, enter the order of
disposition, or, before October 1, 2004, assign the individual to
youthful trainee status, until it determines that the individual's
registration was forwarded to the department as required under
section 6.
(6) All of the following shall register with the local law
enforcement agency, sheriff's department, or the department within
14 days after becoming domiciled or temporarily residing, working,
or being a student in this state for the periods specified in
section 3(1):
(a) Subject to section 3(1), an individual convicted in
another state or country after October 1, 1995 of a listed offense
as defined before September 1, 1999.
(b) Subject to section 3(2), an individual convicted in
another state or country of an offense added on September 1, 1999
to the definition of listed offenses.
(c) An individual required to be registered as a sex offender
in another state or country regardless of when the conviction was
entered.
Sec. 4a. (1) An individual required to be registered under
this act who is not a resident of this state shall report his or
her status in person to the local law enforcement agency or
sheriff's department having jurisdiction over a campus of an
institution of higher education, or to the department post nearest
to that campus, if any of the following occur:
(a) Regardless of whether he or she is financially compensated
or receives any governmental or educational benefit, the individual
is or becomes a full- or part-time employee, contractual provider,
or volunteer with that institution of higher education and his or
her position will require that he or she be present on that campus
for 14 or more consecutive days or 30 or more total days in a
calendar year.
(b) The individual is or becomes an employee of a contractual
provider described in subdivision (a) and his or her position will
require that he or she be present on that campus for 14 or more
consecutive days or 30 or more total days in a calendar year.
(c) The status described in subdivision (a) or (b) is
discontinued.
(d) The individual changes the campus on which he or she is an
employee, a contractual provider, an employee of a contractual
provider, or a volunteer as described in subdivision (a) or (b).
(e) The individual is or enrolls as a student with that
institution of higher education or the individual discontinues that
enrollment.
(f) As part of his or her course of studies at an institution
of higher education in this state, the individual is present at any
other location in this state, another state, a territory or
possession of the United States, or another country for 14 or more
consecutive days or 30 or more total days in a calendar year, or
the individual discontinues his or her studies at that location.
(2) An individual required to be registered under this act who
is a resident of this state shall report his or her status in
person to the local law enforcement agency or sheriff's department
having jurisdiction where his or her new residence or domicile is
located or the department post nearest to the individual's new
residence or domicile, if any of the events described under
subsection (1) occur.
(3) The report required under subsections (1) and (2) shall be
made as follows:
(a) For an individual registered under this act before October
1, 2002 who is required to make his or her first report under
subsections (1) and (2), not later than January 15, 2003.
(b) For an individual who is an employee, a contractual
provider, an employee of a contractual provider, or a volunteer on
that campus on October 1, 2002, or who is a student on that campus
on October 1, 2002, who is subsequently required to register under
this act, on the date he or she is required to register under this
act.
(c) Except as provided under subdivisions (a) and (b), within
10 days after the individual becomes an employee, a contractual
provider, an employee of a contractual provider, or a volunteer on
that campus, or discontinues that status, or changes location, or
within 10 days after he or she enrolls or discontinues his or her
enrollment as a student on that campus including study in this
state or another state, a territory or possession of the United
States, or another country.
(4) The additional registration reports required under this
section shall be made in the time periods described in section
5a(4)(a) and (b) for reports under that section.
(5) The local law enforcement agency, sheriff's department, or
department post to which an individual reports under this section
shall
require the individual to pay the registration fee fees
required
under section sections 5a or section and 7(1) and to
present written documentation of employment status, contractual
relationship, volunteer status, or student status. Written
documentation under this subsection may include, but need not be
limited to, any of the following:
(a) A W-2 form, pay stub, or written statement by an employer.
(b) A contract.
(c) A student identification card or student transcript.
Sec. 5a. (1) Not later than December 1, 2004, the department
shall mail a notice to each individual registered under this act
who is not in a state correctional facility explaining the
individual's duties under this section and this act as amended and
the procedure for registration, notification, and verification and
paying
the registration fee fees prescribed under subsection (7) or
and section 7(1).
(2) Upon the release of an individual registered under this
act who is in a state correctional facility, the department of
corrections shall provide written notice to that individual
explaining
his or her duties under this section and this act as
amended
and the procedure for registration,
notification, and
verification
and payment of the registration fee fees prescribed
under
subsection (7) or and section
7(1). The individual shall sign
and date the notice. The department of corrections shall maintain a
copy of the signed and dated notice in the individual's file. The
department of corrections shall forward the original notice to the
department within 30 days, regardless of whether the individual
signs it.
(3) Not later than January 15, 2000, an individual registered
under this act who is not incarcerated shall report in person to
the local law enforcement agency or sheriff's department having
jurisdiction where he or she is domiciled or resides or to the
department post in or nearest to the county where he or she is
domiciled or resides. The individual shall present proof of
domicile or residence and update any information that changed since
registration, including information that is required to be reported
under section 4a. An individual registered under this act who is
incarcerated on January 15, 2000 shall report under this subsection
not less than 10 days after he or she is released.
(4) Except as provided in subsection (5), following initial
verification under subsection (3), or registration under this act
after January 15, 2000, an individual required to be registered
under this act who is not incarcerated shall report in person to
the local law enforcement agency or sheriff's department having
jurisdiction where he or she is domiciled or resides or to the
department post in or nearest to the county where he or she is
domiciled or resides for verification of domicile or residence as
follows:
(a) If the person is registered only for 1 or more listed
offenses that are misdemeanors, not earlier than January 1 or later
than January 15 of each year after the initial verification or
registration. The individual shall pay a $25.00 registration fee to
the law enforcement agency or sheriff's department for each
verification required under this subdivision. As used in this
subdivision, "misdemeanor" means that term as defined in section 1
of chapter I of the code of criminal procedure, 1927 PA 175, MCL
761.1.
(b) If the person is registered for 1 or more listed offenses
that are felonies, not earlier than the first day or later than the
fifteenth day of each April, July, October, and January following
initial verification or registration. The individual shall pay a
$25.00 registration fee to the law enforcement agency or sheriff's
department for each verification required under this subdivision.
As used in this subdivision, "felony" means that term as defined in
section 1 of chapter I of the code of criminal procedure, 1927 PA
175, MCL 761.1.
(5) The continued reporting requirements of this section
following initial registration do not apply to an individual
convicted as a juvenile of committing an offense described in
section 8c(15)(a) or (b) committed by the individual when he or she
was less than 17 years of age, except that the individual shall
report a change in his or her residence within this state or to
another state as provided in this section within 10 days after the
change of residence is made. If the individual fails to file a
petition under section 8c before he or she becomes 18 years of age,
or if his or her petition is denied by the court, the individual
shall report as otherwise required under this section.
(6) When an individual reports under subsection (3) or (4), an
officer or authorized employee of the local law enforcement agency,
sheriff's department, or department post shall verify the
individual's residence or domicile and any information required to
be reported under section 4a. The officer or authorized employee
shall sign and date a verification form. The officer shall give a
copy of the signed form showing the date of verification to the
individual. The officer or employee shall forward verification
information to the department by the law enforcement information
network in the manner the department prescribes. The department
shall revise the databases maintained under section 8 as necessary
and shall indicate verification in the compilation under section
8(2).
(7) Except as otherwise provided in section 5b, beginning
October 16, 2004, an individual who reports as prescribed under
subsection (3) or (4) and who has not already paid the fee
prescribed under section 7(1) shall pay a $35.00 registration fee.
An
individual shall only be required to pay a fee once under this
subsection.
(8) An individual required to be registered under this act
shall maintain either a valid operator's or chauffeur's license
issued under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to
257.923, or an official state personal identification card issued
under 1972 PA 222, MCL 28.291 to 28.300, with the individual's
current address. The license or card may be used as proof of
domicile or residence under this section. In addition, the officer
or authorized employee may require the individual to produce
another document bearing his or her name and address, including,
but not limited to, voter registration or a utility or other bill.
The department may specify other satisfactory proof of domicile or
residence.
(9) Not earlier than January 1, 2000 or later than January 15,
2000, an individual registered under this act who is not
incarcerated shall report in person to a secretary of state office
and have his or her digitized photograph taken. An individual
registered under this act who is incarcerated on January 15, 2000
shall report under this subsection not less than 10 days after he
or she is released. The individual is not required to report under
this subsection if he or she had a digitized photograph taken for
an operator's or chauffeur's license or official state personal
identification card before January 1, 2000, or within 2 years
before he or she is released. The photograph shall be used on the
individual's operator's or chauffeur's license or official state
personal identification card. The individual shall have a new
photograph taken when he or she renews the license or
identification card as provided by law. The secretary of state
shall make the digitized photograph available to the department for
a registration under this act.
(10) If an individual does not report under subsection (3) or
(4) or section 4a, the department shall notify the local law
enforcement agency, sheriff's department, or department post. An
appearance ticket may be issued for the individual's failure to
report as provided in sections 9a to 9g of chapter IV of the code
of criminal procedure, 1927 PA 175, MCL 764.9a to 764.9g.
(11) The department shall prescribe the form for the notices
and verification procedures required under this section.
Sec. 5b. (1) Of the money collected by a court, local law
enforcement agency, sheriff's department, or department post from
each original registration fee prescribed under this act, $25.00
shall be forwarded to the department, which shall deposit the money
in the sex offenders registration fund created under subsection
(2), and $10.00 shall be retained by the court, local law
enforcement agency, sheriff's department, or department post. Of
the money collected by a local law enforcement agency or sheriff's
department from a subsequent registration fee collected under
section 5a(4)(a) or (b), $15.00 shall be forwarded to the
department, which shall deposit the money in the sex offenders
registration fund created under subsection (2), and $10.00 shall be
retained by the law enforcement agency or sheriff's department to
enhance law enforcement efforts relating to the prevention and
investigation of listed offenses.
(2) The sex offenders registration fund is created as a
separate fund in the department of treasury. The state treasurer
shall credit the money received from the payment of the
registration
fee fees prescribed under this act to the sex
offenders registration fund. Money credited to the fund shall only
be used by the department for training concerning, and the
maintenance and automation of, the databases, compilation, and
information required under section 8. Money in the sex offenders
registration fund at the close of the fiscal year shall remain in
the fund and shall not lapse to the general fund.
(3) If an individual required to pay a registration fee under
this act is indigent, the registration fee shall be temporarily
waived. The burden is on the individual claiming indigence to prove
the fact of indigence to the satisfaction of the local law
enforcement agency, sheriff's department, or department post where
the individual is reporting.
(4)
Payment of the registration fee fees
prescribed under this
act shall be made in the form and by means prescribed by the
department.
Upon payment of the a registration fee prescribed under
this act, the officer or employee shall forward verification of the
payment to the department by the law enforcement information
network in the manner the department prescribes. The department
shall revise the databases maintained under section 8 as necessary
and shall indicate verification of payment in the compilation under
section 8(2).
Sec. 7. (1) A registration under this act shall be made on a
form provided by the department and shall be forwarded to the
department in the format the department prescribes, along with a
$35.00 registration fee for each original registration and $25.00
for each additional registration required under section 5a(4)(a) or
(b), except as otherwise provided in section 5b. A registration
shall contain all of the following:
(a) The individual's name, social security number, date of
birth, and address or expected address. An individual who is in a
witness protection and relocation program is only required to use
the name and identifying information reflecting his or her new
identity in a registration under this act. The registration and
compilation databases shall not contain any information identifying
the individual's prior identity or locale. The department shall
request each individual to provide his or her date of birth if it
is not included in the registration, and that individual shall
comply with the request within 10 days.
(b) A brief summary of the individual's convictions for listed
offenses regardless of when the conviction occurred, including
where the offense occurred and the original charge if the
conviction was for a lesser offense.
(c) A complete physical description of the individual.
(d) The photograph required under section 5a.
(e) The individual's fingerprints if not already on file with
the department. An individual required to be registered on
September 1, 1999 shall have his or her fingerprints taken not
later than September 12, 1999 if not already on file with the
department. The department shall forward a copy of the individual's
fingerprints to the federal bureau of investigation if not already
on file with that bureau.
(f) Information that is required to be reported under section
4a.
(2) A registration may contain the individual's blood type and
whether a DNA identification profile of the individual is
available.
(3) The form used for registration or verification under this
act shall contain a written statement that explains the duty of the
individual being registered to provide notice of a change of
address under section 5, the procedures for providing that notice,
and the verification procedures under section 5a.
(4) The individual shall sign a registration, notice, and
verification. However, the registration, notice, or verification
shall be forwarded to the department regardless of whether the
individual signs it or pays the registration fee required under
subsection (1).
(5) The officer, court, or an employee of the agency
registering the individual or receiving or accepting a registration
under section 4 shall sign the registration form.
(6) An individual shall not knowingly provide false or
misleading information concerning a registration, notice, or
verification.
(7) The department shall prescribe the form for a notification
required under section 5 and the format for forwarding the
notification to the department.
(8) The department shall promptly provide registration,
notice, and verification information to the federal bureau of
investigation and to local law enforcement agencies, sheriff's
departments, department posts, and agencies of other states
requiring the information, as provided by law.
Sec. 9. (1) Except as provided in subsections (2), (3), and
(4), an individual required to be registered under this act who
willfully violates this act is guilty of a felony punishable as
follows:
(a) If the individual has no prior convictions for a violation
of this act, other than a failure to comply with section 5a, by
imprisonment for not more than 4 years or a fine of not more than
$2,000.00, or both.
(b) If the individual has 1 prior conviction for a violation
of this act, other than a failure to comply with section 5a, by
imprisonment for not more than 7 years or a fine of not more than
$5,000.00, or both.
(c) If the individual has 2 or more prior convictions for
violations of this act, other than a failure to comply with section
5a, by imprisonment for not more than 10 years or a fine of not
more than $10,000.00, or both.
(2) An individual who fails to comply with section 5a, other
than
payment of the a
registration fee, required
under section
5a(7)
is guilty of a crime punishable as
follows:
(a) If the individual has no prior convictions for a violation
of this act, the individual 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.
(b) If the individual has 1 prior conviction for a violation
of this act, the individual is guilty of a misdemeanor punishable
by imprisonment for not more than 1 year or a fine of not more than
$2,000.00, or both.
(c) If the individual has 2 or more prior convictions for a
violation of this act, the individual is guilty of a felony
punishable by imprisonment for not more than 4 years or a fine of
not more than $2,500.00, or both.
(3) An individual who willfully fails to sign a registration,
notice, or verification as provided in section 7(4) 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.
(4)
An individual who willfully refuses or fails to pay the a
registration
fee prescribed in section 5a(7) or section 7(1) within
90 days of the date the individual reports under section 4a or 5a
is guilty of a misdemeanor punishable by imprisonment for not more
than 90 days.
(5) The court shall revoke the probation of an individual
placed on probation who willfully violates this act.
(6) The court shall revoke the youthful trainee status of an
individual assigned to youthful trainee status who willfully
violates this act.
(7) The parole board shall rescind the parole of an individual
released on parole who willfully violates this act.
(8) An individual's failure to register as required by this
act or a violation of section 5(1), (3), or (4) may be prosecuted
in the judicial district of any of the following:
(a) The individual's last registered address or residence.
(b) The individual's actual address or residence.
(c) Where the individual was arrested for the violation.
