Bill Text: MI HB4974 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Criminal procedure; records; certain persons convicted of child abuse offense; require to register under the child abuse offender registry. Creates new act. TIE BAR WITH: HB 4973'15

Spectrum: Partisan Bill (Democrat 17-0)

Status: (Introduced - Dead) 2016-04-28 - Recommendation Concurred In [HB4974 Detail]

Download: Michigan-2015-HB4974-Introduced.html

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HOUSE BILL No. 4974

October 13, 2015, Introduced by Reps. Derek Miller, Lane, Singh, Plawecki, LaVoy, Darany, Brinks, Smiley, Liberati, Yanez, Geiss, Gay-Dagnogo, Rutledge, Sarah Roberts, Wittenberg, Chirkun and Dianda and referred to the Committee on Judiciary.

 

      A bill to require persons convicted of child abuse offenses

 

to register with the child abuse offenders registry; to prescribe

 

the powers and duties of certain departments and agencies in

 

connection with that registration; to prescribe fees and

 

penalties; and to authorize certain causes of action.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 1. This act shall be known and may be cited as the

 

 2  "child abuse offenders registration act".

 

 3        Sec. 2. As used in this act:

 

 4        (a) "Child abuse offense" means any violation of section

 

 5  136b of the Michigan penal code, 1931 PA 328, MCL 750.136b (child

 

 6  abuse), or a substantially similar offense under a law of the

 

 7  United States, any state, or any country or under tribal or

 

 8  military law, that is committed by an adult or by a minor who is

 

 1  tried in the same manner as an adult under section 2d of chapter

 

 2  XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2d.

 

 3        (b) "Convicted" means any of the following:

 

 4        (i) Having a judgment of conviction or a probation order

 

 5  entered in any court having jurisdiction over criminal offenses,

 

 6  including, but not limited to, a tribal court or a military

 

 7  court, other than a conviction subsequently set aside under 1965

 

 8  PA 213, MCL 780.621 to 780.624.

 

 9        (ii) Either of the following:

 

10        (A) Being assigned to youthful trainee status under sections

 

11  11 to 15 of chapter II of the code of criminal procedure, 1927 PA

 

12  175, MCL 762.11 to 762.15.

 

13        (B) Being assigned to youthful trainee status under sections

 

14  11 to 15 of chapter II of the code of criminal procedure, 1927 PA

 

15  175, MCL 762.11 to 762.15, if the individual's status of youthful

 

16  trainee is revoked and an adjudication of guilt is entered.

 

17        (iii) Having an order of disposition entered under section 18

 

18  of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL

 

19  712A.18, that is open to the general public under section 28 of

 

20  chapter XIIA of the probate code of 1939, 1939 PA 288, MCL

 

21  712A.28.

 

22        (c) "Department" means the department of state police.

 

23        (d) "Institution of higher education" means 1 or more of the

 

24  following:

 

25        (i) A public or private community college, college, or

 

26  university.

 

27        (ii) A public or private trade, vocational, or occupational

 

 1  school.

 

 2        (e) "Local law enforcement agency" means the police

 

 3  department of a municipality.

 

 4        (f) "Minor" means a person who is less than 18 years of age.

 

 5        (g) "Municipality" means a city, village, or township of

 

 6  this state.

 

 7        (h) "Registering authority" means the local law enforcement

 

 8  agency or sheriff's office having jurisdiction over the person's

 

 9  residence, place of employment, or institution of higher

 

10  learning, or the nearest department post designated to receive or

 

11  enter child abuse offender registration information within a

 

12  registration jurisdiction.

 

13        (i) "Registration jurisdiction" means each of the 50 states,

 

14  the District of Columbia, the Commonwealth of Puerto Rico, Guam,

 

15  the Northern Mariana Islands, the United States Virgin Islands,

 

16  American Samoa, and the Indian tribes within the United States

 

17  that elect to function as a registration jurisdiction.

 

18        (j) "Residence", as used in this act, for registration and

 

19  voting purposes means that place at which a person habitually

 

20  sleeps, keeps his or her personal effects, and has a regular

 

21  place of lodging. If a person has more than 1 residence, or if a

 

22  wife has a residence separate from that of the husband, that

 

23  place at which the person resides the greater part of the time

 

24  shall be his or her official residence for the purposes of this

 

25  act. If a person is homeless or otherwise lacks a fixed or

 

26  temporary residence, residence means the village, city, or

 

27  township where the person spends a majority of his or her time.

 

 1  This section shall not be construed to affect existing judicial

 

 2  interpretation of the term residence.

 

 3        (k) "Student" means a person enrolled on a full- or part-

 

 4  time basis in a public or private educational institution,

 

 5  including, but not limited to, a secondary school, trade school,

 

 6  professional institution, or institution of higher education.

 

 7        Sec. 3. (1) Subject to subsection (2), the following persons

 

 8  who are domiciled or temporarily reside in this state or who work

 

 9  with or without compensation or are students in this state, or

 

10  who are domiciled, reside, or work with or without compensation

 

11  or are students in this state for 30 or more total days in a

 

12  calendar year are required to be registered under the child abuse

 

13  offenders registry act:

 

14        (a) A person who is convicted of a child abuse offense after

 

15  January 1, 2016.

 

16        (b) A person convicted of a child abuse offense on or before

 

17  January 1, 2016 if on January 1, 2016 he or she is on probation

 

18  or parole, committed to jail, committed to the jurisdiction of

 

19  the department of corrections, or is placed on probation or

 

20  parole, committed to jail, or committed to the jurisdiction of

 

21  the department of corrections after January 1, 2016 for that

 

22  offense.

 

23        (c) A person convicted of a child abuse offense on or before

 

24  January 1, 2016 if on January 1, 2016 he or she is on probation

 

25  or parole that has been transferred to this state for that

 

26  offense or his or her probation or parole is transferred to this

 

27  state after January 1, 2016 for that offense.

 

 1        (d) A person from another state who is required to register

 

 2  or otherwise be identified as a child abuse offender under a

 

 3  comparable statute of that state.

 

 4        (2) A person who is a nonresident and who is convicted in

 

 5  this state on or after January 1, 2016 of committing a child

 

 6  abuse offense who is not otherwise described in subsection (1)

 

 7  shall nevertheless register under the child abuse offenders

 

 8  registry act. However, the continued reporting requirements of

 

 9  that act do not apply to the person while he or she remains a

 

10  nonresident and is not otherwise required to report under that

 

11  act. The person shall have his or her photograph taken under

 

12  section 7.

 

13        Sec. 4. (1) Registration of a person under the child abuse

 

14  offenders registry act shall proceed as provided in this section.

 

15        (2) For a person convicted of a child abuse offense on or

 

16  before January 1, 2016 who on or before January 1, 2016 is

 

17  sentenced for that offense, the following shall register the

 

18  person by December 31, 2016:

 

19        (a) If the person is on probation for the child abuse

 

20  offense, the person's probation officer.

 

21        (b) If the person is committed to jail for the child abuse

 

22  offense, the sheriff or his or her designee.

 

23        (c) If the person is under the jurisdiction of the

 

24  department of corrections for the child abuse offense, the

 

25  department of corrections.

 

26        (d) If the person is on parole for the child abuse offense,

 

27  the person's parole officer.

 

 1        (3) If a person is convicted of a child abuse offense on or

 

 2  before January 1, 2016 and the person's probation or parole is

 

 3  transferred to this state after January 1, 2016, the probation or

 

 4  parole agent shall register the person immediately after the

 

 5  transfer.

 

 6        (4) All of the following shall register with the local law

 

 7  enforcement agency, sheriff's department, or the department

 

 8  immediately after becoming domiciled or temporarily residing,

 

 9  working, or being a student in this state:

 

10        (a) Subject to section 3, a person convicted of a child

 

11  abuse offense in another state or country after January 1, 2016.

 

12        (b) A person required to be registered as a child abuse

 

13  offender in another state or country regardless of when the

 

14  conviction was entered.

 

15        (5) If a prosecution is pending on January 1, 2016, whether

 

16  the defendant in a criminal case is required to register under

 

17  this act shall be determined on the basis of the law in effect on

 

18  January 1, 2016.

 

19        Sec. 5. (1) A person required to be registered under this

 

20  act and who is not a resident of this state shall report his or

 

21  her status in person to the registering authority having

 

22  jurisdiction over a campus of an institution of higher education

 

23  if either of the following occurs:

 

24        (a) A person is or enrolls as a student with that

 

25  institution of higher education or the person discontinues that

 

26  enrollment.

 

27        (b) As part of his or her course of studies at an

 

 1  institution of higher education in this state, the person is

 

 2  present at any other location in this state, another state, a

 

 3  territory or possession of the United States, or the person

 

 4  discontinues his or her studies at that location.

 

 5        (2) A person required to be registered under this act who is

 

 6  a resident of this state shall report his or her status in person

 

 7  to the registering authority having jurisdiction where his or her

 

 8  new residence or domicile is located if any of the events

 

 9  described under subsection (1) occur.

 

10        (3) The report required under subsections (1) and (2) shall

 

11  be made immediately after he or she enrolls or discontinues his

 

12  or her enrollment as a student on that campus including study in

 

13  this state or another state, a territory or possession of the

 

14  United States, or another country.

 

15        (4) The additional registration reports required under this

 

16  section shall be made in the time periods described in section 7

 

17  for reports under that section.

 

18        (5) The local law enforcement agency, sheriff's department,

 

19  or department post to which a person reports under this section

 

20  shall require the person to pay the registration fee required

 

21  under section 7 or section 11(1) and to present written

 

22  documentation of employment status, contractual relationship,

 

23  volunteer status, or student status. Written documentation under

 

24  this subsection may include, but need not be limited to, any of

 

25  the following:

 

26        (a) A W-2 form, pay stub, or written statement by an

 

27  employer.

 

 1        (b) A contract.

 

 2        (c) A student identification card or student transcript.

 

 3        (6) This section does not apply to a person whose enrollment

 

 4  and participation at an institution of higher education is solely

 

 5  through the mail or the Internet from a remote location.

 

 6        Sec. 6. (1) A person required to be registered under this

 

 7  act and who is a resident of this state shall report in person

 

 8  and notify the registering authority having jurisdiction where

 

 9  his or her residence or domicile is located immediately after any

 

10  of the following occur:

 

11        (a) The person changes or vacates his or her residence or

 

12  domicile.

 

13        (b) The person changes his or her place of employment, or

 

14  employment is discontinued.

 

15        (c) The person enrolls as a student with an institution of

 

16  higher education, or enrollment is discontinued.

 

17        (d) The person changes his or her name.

 

18        (e) The person intends to temporarily reside at any place

 

19  other than his or her residence for more than 7 days.

 

20        (f) The person establishes any electronic mail or instant

 

21  message address, or any other designations used in Internet

 

22  communications or postings.

 

23        (g) Any change required to be reported under section 5.

 

24        (2) A person required to be registered under this act who is

 

25  not a resident of this state but has his or her place of

 

26  employment in this state shall report in person and notify the

 

27  registering authority having jurisdiction where his or her place

 

 1  of employment is located or the department post of the person's

 

 2  place of employment immediately after the person changes his or

 

 3  her place of employment or employment is discontinued.

 

 4        (3) If a person who is incarcerated in a state correctional

 

 5  facility and is required to be registered under this act is

 

 6  granted parole or is due to be released upon completion of his or

 

 7  her maximum sentence, the department of corrections, before

 

 8  releasing the person, shall provide notice of the location of the

 

 9  person's proposed place of residence or domicile to the

 

10  department of state police.

 

11        (4) If a person who is incarcerated in a county jail and is

 

12  required to be registered under this act is due to be released

 

13  from custody, the sheriff's department, before releasing the

 

14  person, shall provide notice of the location of the person's

 

15  proposed place of residence or domicile to the department of

 

16  state police.

 

17        (5) Immediately after either of the following occurs, the

 

18  department of corrections shall notify the local law enforcement

 

19  agency or sheriff's department having jurisdiction over the area

 

20  to which the person is transferred or the department post of the

 

21  transferred residence or domicile of a person required to be

 

22  registered under this act:

 

23        (a) The person is transferred to a community residential

 

24  program.

 

25        (b) The person is transferred into a level 1 correctional

 

26  facility of any kind, including a correctional camp or work camp.

 

27        (6) A person required to be registered under this act who is

 

 1  a resident of this state shall report in person and notify the

 

 2  registering authority having jurisdiction where his or her

 

 3  residence or domicile is located immediately before he or she

 

 4  changes his or her domicile or residence to another state. The

 

 5  person shall indicate the new state and, if known, the new

 

 6  address. The department shall update the registration and

 

 7  compilation databases and promptly notify the appropriate law

 

 8  enforcement agency and any applicable registration authority in

 

 9  the new state.

 

10        (7) A person required to be registered under this act who is

 

11  a resident of this state shall report in person and notify the

 

12  registering authority having jurisdiction where his or her

 

13  residence or domicile is located not later than 21 days before he

 

14  or she changes his or her domicile or residence to another

 

15  country or travels to another country for more than 7 days. The

 

16  person shall state the new country of residence or country of

 

17  travel and the address of his or her new domicile or residence or

 

18  place of stay, if known. The department shall update the

 

19  registration and compilation databases and promptly notify the

 

20  appropriate law enforcement agency and any applicable child abuse

 

21  offender registration authority.

 

22        (8) If the probation or parole of a person required to be

 

23  registered under this act is transferred to another state or a

 

24  person required to be registered under this act is transferred

 

25  from a state correctional facility to any correctional facility

 

26  or probation or parole in another state, the department of

 

27  corrections shall promptly notify the department and the

 

 1  appropriate law enforcement agency and any applicable

 

 2  registration authority in the new state. The department shall

 

 3  update the registration and compilation databases.

 

 4        (9) A person registered under this act shall comply with the

 

 5  verification procedures and proof of residence procedures

 

 6  prescribed in sections 5 and 7.

 

 7        (10) A person required to register under this act shall

 

 8  comply with this section for 10 years, except that a person

 

 9  convicted of fourth-degree child abuse shall comply with this

 

10  section for 5 years.

 

11        (11) The registration periods under this section exclude any

 

12  period of incarceration for committing a crime and any period of

 

13  civil commitment.

 

14        Sec. 7. (1) The department shall mail a notice to each

 

15  person registered under this act who is not in a state

 

16  correctional facility explaining the person's duties under that

 

17  act as amended.

 

18        (2) Upon the release of a person registered under this act

 

19  who is in a state correctional facility, the department of

 

20  corrections shall provide written notice to that person

 

21  explaining his or her duties under this section and that act as

 

22  amended and the procedure for registration, notification, and

 

23  verification and payment of the registration fee prescribed under

 

24  subsection (6) or section 11(1). The person shall sign and date

 

25  the notice. The department of corrections shall maintain a copy

 

26  of the signed and dated notice in the person's file. The

 

27  department of corrections shall forward the original notice to

 

 1  the department immediately, regardless of whether the person

 

 2  signs it.

 

 3        (3) Subject to subsection (4), a person required to be

 

 4  registered under this act who is not incarcerated shall report in

 

 5  person to the registering authority where the person is domiciled

 

 6  or resides for verification of domicile or residence as follows:

 

 7        (a) If the person was convicted of a child abuse offense

 

 8  that is a misdemeanor, the person shall report once each year

 

 9  during the person's month of birth.

 

10        (b) If the person was convicted of a child abuse offense

 

11  that is a felony, the person shall report 4 times each year

 

12  according to the following schedule:

 

 

13 Birth Month                  Reporting Months

14 January                      January, April, July, and October

15 February                     February, May, August, and November

16 March                        March, June, September, and December

17 April                        April, July, October, and January

18 May                          May, August, November, and February

19 June                         June, September, December, and March

20 July                         July, October, January, and April

21 August                       August, November, February, and May

22 September                    September, December, March, and June

23 October                      October, January, April, and July

24 November                     November, February, May, and August

25 December                     December, March, June, and September

 

 

26        (4) A report under subsection (3) shall be made no earlier

 

27  than the first day or later than the last day of the month in

 

 1  which the person is required to report. However, if the

 

 2  registration period for that person expires during the month in

 

 3  which he or she is required to report under this section, the

 

 4  person shall report during that month on or before the date his

 

 5  or her registration period expires. When a person reports under

 

 6  subsection (3), the person shall review all registration

 

 7  information for accuracy.

 

 8        (5) When a person reports under subsection (3), an officer

 

 9  or authorized employee of the registering authority shall verify

 

10  the person's residence or domicile and any information required

 

11  to be reported under section 5. The officer or authorized

 

12  employee shall also determine whether the person's photograph

 

13  required under section 7 matches the appearance of the person

 

14  sufficiently to properly identify him or her from that

 

15  photograph. If not, the officer or authorized employee shall

 

16  require the person to immediately obtain a current photograph

 

17  under this section. When all of the verification information has

 

18  been provided, the officer or authorized employee shall review

 

19  that information with the person and make any corrections,

 

20  additions, or deletions the officer or authorized employee

 

21  determines are necessary based on the review. The officer or

 

22  authorized employee shall sign and date a verification receipt.

 

23  The officer or authorized employee shall give a copy of the

 

24  signed receipt showing the date of verification to the person.

 

25  The officer or authorized employee shall forward verification

 

26  information to the department in the manner the department

 

27  prescribes. The department shall revise the law enforcement

 

 1  database and public Internet website maintained under this act as

 

 2  necessary and shall indicate verification in the public Internet

 

 3  website maintained under this act.

 

 4        (6) Except as otherwise provided in section 8, a person who

 

 5  reports as prescribed under subsection (3) shall pay a $50.00

 

 6  registration fee as follows:

 

 7        (a) Upon initial registration.

 

 8        (b) Annually following the year of initial registration. The

 

 9  payment of the registration fee under this subdivision shall be

 

10  made at the time the person reports in the first reporting month

 

11  for that person as set forth in subsection (3) of each year in

 

12  which the fee applies, unless a person elects to prepay an annual

 

13  registration fee for any future year for which an annual

 

14  registration fee is required. Prepaying any annual registration

 

15  fee shall not change or alter the requirement of a person to

 

16  report as set forth in subsection (3). The registration fee

 

17  required to be paid under this subdivision shall not be prorated

 

18  on grounds that the person will complete his or her registration

 

19  period after the month in which the fee is due.

 

20        (c) The sum of the amounts required to be paid under

 

21  subdivisions (a) and (b) shall not exceed $385.00.

 

22        (7) A person required to be registered under this act shall

 

23  maintain either a valid operator's or chauffeur's license issued

 

24  under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to

 

25  257.923, or an official state personal identification card issued

 

26  under 1972 PA 222, MCL 28.291 to 28.300, with the person's

 

27  current address. The license or card may be used as proof of

 

 1  domicile or residence under this section. In addition, the

 

 2  officer or authorized employee may require the person to produce

 

 3  another document bearing his or her name and address, including,

 

 4  but not limited to, voter registration or a utility or other

 

 5  bill. The department may specify other satisfactory proof of

 

 6  domicile or residence.

 

 7        (8) A person registered under this act who is incarcerated

 

 8  shall report to the secretary of state under this subsection

 

 9  immediately after he or she is released to have his or her

 

10  digitalized photograph taken. The person is not required to

 

11  report under this subsection if the person had a digitized

 

12  photograph taken for an operator's or chauffeur's license or

 

13  official state personal identification card before January 1,

 

14  2016, or within 2 years before he or she is released unless his

 

15  or her appearance has changed from the date of that photograph.

 

16  Unless the person is a nonresident, the photograph shall be used

 

17  on the person's operator's or chauffeur's license or official

 

18  state personal identification card. The person shall have a new

 

19  photograph taken when the person renews the license or

 

20  identification card as provided by law, or as otherwise provided

 

21  in this act. The secretary of state shall make the digitized

 

22  photograph available to the department for a registration under

 

23  this act.

 

24        (9) If a person does not report under this section or under

 

25  section 5, the department shall notify all registering

 

26  authorities as provided in the child abuse offenders registry act

 

27  and initiate enforcement action as set forth in that section.

 

 1        (10) The department shall prescribe the form for the notices

 

 2  and verification procedures required under this section.

 

 3        Sec. 8. (1) Of the money collected by a court, local law

 

 4  enforcement agency, sheriff's department, or department post from

 

 5  each registration fee prescribed under this act, $35.00 shall be

 

 6  forwarded to the department, which shall deposit the money in the

 

 7  child abuse offenders registration fund created under subsection

 

 8  (2), and $15.00 shall be retained by the court, local law

 

 9  enforcement agency, sheriff's department, or department post.

 

10        (2) The child abuse offenders registration fund is created

 

11  as a separate fund in the department of treasury. The state

 

12  treasurer shall credit the money received from the payment of the

 

13  registration fee prescribed under this act to the child abuse

 

14  offenders registration fund. Money credited to the fund shall

 

15  only be used by the department for training concerning, and the

 

16  maintenance and automation of, the law enforcement database,

 

17  public Internet website, information required under the child

 

18  abuse offenders registry act, or notification and offender

 

19  registration duties under section 5. Money in the child abuse

 

20  offenders registration fund at the close of the fiscal year shall

 

21  remain in the fund and shall not lapse to the general fund.

 

22        (3) If a person required to pay a registration fee under

 

23  this act is indigent, the registration fee shall be waived for a

 

24  period of 90 days. The burden is on the person claiming indigence

 

25  to prove the fact of indigence to the satisfaction of the local

 

26  law enforcement agency, sheriff's department, or department post

 

27  where the person is reporting.

 

 1        (4) Payment of the registration fee prescribed under this

 

 2  act shall be made in the form and by means prescribed by the

 

 3  department. Upon payment of the registration fee prescribed under

 

 4  this act, the officer or employee shall forward verification of

 

 5  the payment to the department in the manner the department

 

 6  prescribes. The department shall revise the law enforcement

 

 7  database and public Internet website maintained under the child

 

 8  abuse offenders registry act as necessary and shall indicate

 

 9  verification of payment in the compilation under that act.

 

10        Sec. 9. The department of corrections shall not collect any

 

11  fee prescribed under this act.

 

12        Sec. 10. (1) The officer, court, or agency registering a

 

13  person or receiving or accepting a registration under section 4

 

14  or receiving notice under section 6 shall provide the person with

 

15  a copy of the registration or notification at the time of

 

16  registration or notice.

 

17        (2) The officer, court, or agency registering a person or

 

18  receiving or accepting a registration under section 4 or notified

 

19  of an address change under section 6(1) shall forward the

 

20  registration or notification to the department in a manner

 

21  described by the department immediately after registration or

 

22  notification.

 

23        Sec. 11. (1) Registration information obtained under this

 

24  act shall be forwarded to the department in the format the

 

25  department prescribes. Except as provided in section 8(3), a

 

26  $50.00 registration fee shall accompany each original

 

27  registration. All of the following information shall be obtained

 

 1  or otherwise provided for registration purposes:

 

 2        (a) The person's legal name and any aliases, nicknames,

 

 3  ethnic or tribal names, or other names by which the person is or

 

 4  has been known. A person who is in a witness protection and

 

 5  relocation program is only required to use the name and

 

 6  identifying information reflecting his or her new identity in a

 

 7  registration under this act. The registration and compilation

 

 8  databases created and maintained under the child abuse offenders

 

 9  registry act shall not contain any information identifying the

 

10  person's prior identity or locale.

 

11        (b) The person's social security number and any social

 

12  security numbers or alleged social security numbers previously

 

13  used by the person.

 

14        (c) The person's date of birth and any alleged dates of

 

15  birth previously used by the person.

 

16        (d) The address where the person resides or will reside. If

 

17  the person does not have a residential address, information under

 

18  this subsection shall identify the location or area used or to be

 

19  used by the person in lieu of a residence or, if the person is

 

20  homeless, the village, city, or township where the person spends

 

21  or will spend the majority of his or her time.

 

22        (e) The name and address of any place of temporary lodging

 

23  used or to be used by the person during any period in which the

 

24  person is away, or is expected to be away, from his or her

 

25  residence for more than 7 days. Information under this

 

26  subdivision shall include the dates the lodging is used or to be

 

27  used.

 

 1        (f) The name and address of each of the person's employers.

 

 2  For purposes of this subdivision, "employer" includes a

 

 3  contractor and any person who has agreed to hire or contract with

 

 4  the person for his or her services. Information under this

 

 5  subdivision shall include the address or location of employment

 

 6  if different from the address of the employer. If the person

 

 7  lacks a fixed employment location, the information obtained under

 

 8  this subdivision shall include the general areas where the person

 

 9  works.

 

10        (g) The name and address of any school being attended by the

 

11  person and any school that has accepted the person as a student

 

12  that he or she plans to attend. For purposes of this subdivision,

 

13  "school" means a public or private postsecondary school or school

 

14  of higher education, including a trade school.

 

15        (h) All telephone numbers registered to the person or

 

16  routinely used by the person.

 

17        (i) The person's driver license number or state personal

 

18  identification card number.

 

19        (j) A digital copy of the person's passport and other

 

20  immigration documents.

 

21        (k) The person's occupational and professional licensing

 

22  information, including any license that authorizes the person to

 

23  engage in any occupation, profession, trade, or business.

 

24        (l) A brief summary of the person's convictions for child

 

25  abuse offenses regardless of when the conviction occurred,

 

26  including where the offense occurred and the original charge if

 

27  the conviction was for a lesser offense.

 

 1        (m) A complete physical description of the person.

 

 2        (n) The photograph required under section 7.

 

 3        (o) The person's fingerprints if not already on file with

 

 4  the department and the person's palm prints. A person required to

 

 5  be registered under this act shall have his or her fingerprints

 

 6  or palm prints or both taken not later than September 1, 2016 if

 

 7  his or her fingerprints or palm prints are not already on file

 

 8  with the department. The department shall forward a copy of the

 

 9  person's fingerprints and palm prints to the Federal Bureau of

 

10  Investigation if not already on file with that bureau.

 

11        (p) Information that is required to be reported under

 

12  section 5.

 

13        (2) A registration shall contain all of the following:

 

14        (a) An electronic copy of the person's Michigan driver

 

15  license or Michigan personal identification card, including the

 

16  photograph required under this act.

 

17        (b) The text of the provision of law that defines the child

 

18  abuse offense for which the person is registered.

 

19        (c) Any outstanding arrest warrant information.

 

20        (d) An identifier that indicates whether a DNA sample has

 

21  been collected and any resulting DNA profile has been entered

 

22  into the federal Combined DNA Index System (CODIS).

 

23        (e) The person's complete criminal history record, including

 

24  the dates of all arrests and convictions.

 

25        (f) The person's Michigan department of corrections number

 

26  and status of parole, probation, or supervised release.

 

27        (g) The person's Federal Bureau of Investigation number.

 

 1        (3) The form used for notification of duties under this act

 

 2  shall contain a written statement that explains the duty of the

 

 3  person being registered to provide notice of changes in his or

 

 4  her registration information, the procedures for providing that

 

 5  notice, and the verification procedures under section 7.

 

 6        (4) The person shall sign a registration and notice.

 

 7  However, the registration and notice shall be forwarded to the

 

 8  department regardless of whether the person signs it or pays the

 

 9  registration fee required under subsection (1).

 

10        (5) The officer, court, or an employee of the agency

 

11  registering the person or receiving or accepting a registration

 

12  under section 4 shall sign the registration form.

 

13        (6) A person shall not knowingly provide false or misleading

 

14  information concerning a registration, notice, or verification.

 

15        (7) The department shall prescribe the form for a

 

16  notification required under section 6 and the format for

 

17  forwarding the notification to the department.

 

18        (8) The department shall promptly provide registration,

 

19  notice, and verification information to the Federal Bureau of

 

20  Investigation and to local law enforcement agencies, sheriff's

 

21  departments, department posts, and other registering

 

22  jurisdictions, as provided by law.

 

23        Sec. 12. (1) Except as provided in subsections (2), (3), and

 

24  (4), a person required to be registered under this act who

 

25  willfully violates this act is guilty of a felony punishable as

 

26  follows:

 

27        (a) If the person has no prior convictions for a violation

 

 1  of this act, by imprisonment for not more than 4 years or a fine

 

 2  of not more than $2,000.00, or both.

 

 3        (b) If the person has 1 prior conviction for a violation of

 

 4  this act, by imprisonment for not more than 7 years or a fine of

 

 5  not more than $5,000.00, or both.

 

 6        (c) If the person has 2 or more prior convictions for

 

 7  violations of this act, by imprisonment for not more than 10

 

 8  years or a fine of not more than $10,000.00, or both.

 

 9        (2) A person who fails to comply with section 7, other than

 

10  payment of the fee required under section 7(6), is guilty of a

 

11  misdemeanor punishable by imprisonment for not more than 2 years

 

12  or a fine of not more than $2,000.00, or both.

 

13        (3) A person who willfully fails to sign a registration and

 

14  notice as provided in section 11(4) is guilty of a misdemeanor

 

15  punishable by imprisonment for not more than 93 days or a fine of

 

16  not more than $1,000.00, or both.

 

17        (4) A person who willfully refuses or fails to pay the

 

18  registration fee prescribed in section 7(6) or section 11(1)

 

19  within 90 days of the date the person reports under section 5 or

 

20  7 is guilty of a misdemeanor punishable by imprisonment for not

 

21  more than 90 days.

 

22        (5) The court shall revoke the probation of a person placed

 

23  on probation who willfully violates this act.

 

24        (6) The parole board shall rescind the parole of a person

 

25  released on parole who willfully violates this act.

 

26        (7) A person's failure to register as required by this act

 

27  or a violation of section 6 may be prosecuted in the judicial

 

 1  district of any of the following:

 

 2        (a) The person's last registered address or residence.

 

 3        (b) The person's actual address or residence.

 

 4        (c) Where the person was arrested for the violation.

 

 5        Sec. 13. (1) Except as provided in this act, a registration

 

 6  or report is confidential and information from that registration

 

 7  or report shall not be open to inspection except for law

 

 8  enforcement purposes. The registration or report and all included

 

 9  materials and information are exempt from disclosure under

 

10  section 13 of the freedom of information act, 1976 PA 442, MCL

 

11  15.243.

 

12        (2) Except as provided in this act, a person other than the

 

13  registrant who knows of a registration or report under this act

 

14  and who divulges, uses, or publishes nonpublic information

 

15  concerning the registration or report in violation of this act is

 

16  guilty of a misdemeanor punishable by imprisonment for not more

 

17  than 93 days or a fine of not more than $1,000.00, or both.

 

18        (3) A person whose registration or report is revealed in

 

19  violation of this act has a civil cause of action against the

 

20  responsible party for treble damages.

 

21        Enacting section 1. This act takes effect 90 days after the

 

22  date it is enacted into law.

 

23        Enacting section 2. This act does not take effect unless

 

24  Senate Bill No.____ or House Bill No. 4973 (request no. 01200'15)

 

25  of the 98th Legislature is enacted into law.