Bill Text: MI HB5467 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Criminal procedure; sex offender registration; listed offense definition; expand. Amends sec. 2 of 1994 PA 295 (MCL 28.722).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2009-09-25 - Printed Bill Filed 09/25/2009 [HB5467 Detail]
Download: Michigan-2009-HB5467-Introduced.html
HOUSE BILL No. 5467
September 24, 2009, Introduced by Rep. Schuitmaker and referred to the Committee on Judiciary.
A bill to amend 1994 PA 295, entitled
"Sex offenders registration act,"
by amending section 2 (MCL 28.722), as amended by 2005 PA 301.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. As used in this act:
(a) "Convicted" means 1 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,
and including 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, before October 1, 2004.
(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, on or after October 1, 2004 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.
(iv) Having an order of disposition or other adjudication in a
juvenile matter in another state or country.
(b) "Department" means the department of state police.
(c) "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.
(d) "Local law enforcement agency" means the police department
of a municipality.
(e) "Listed offense" means any of the following:
(i) A violation of section 145a, 145b, or 145c, or 145d(1)(a)
of the Michigan penal code, 1931 PA 328, MCL 750.145a, 750.145b,
and
750.145c, and 750.145d.
(ii) A violation of section 158 of the Michigan penal code,
1931 PA 328, MCL 750.158, if a victim is an individual less than 18
years of age.
(iii) A violation of section 335a(2)(b) of the Michigan penal
code, 1931 PA 328, MCL 750.335a, if that individual was previously
convicted of violating section 335a of that act.
(iv) A third or subsequent violation of any combination of the
following:
(A) Section 167(1)(f) of the Michigan penal code, 1931 PA 328,
MCL 750.167.
(B) Section 335a(2)(a) of the Michigan penal code, 1931 PA
328, MCL 750.335a.
(C) A local ordinance of a municipality substantially
corresponding to a section described in sub-subparagraph (A) or
(B).
(v) Except for a juvenile disposition or adjudication, a
violation of section 338, 338a, or 338b of the Michigan penal code,
1931 PA 328, MCL 750.338, 750.338a, and 750.338b, if a victim is an
individual less than 18 years of age.
(vi) A violation of section 349 of the Michigan penal code,
1931 PA 328, MCL 750.349, if a victim is an individual less than 18
years of age.
(vii) A violation of section 350 of the Michigan penal code,
1931 PA 328, MCL 750.350.
(viii) A violation of section 448 of the Michigan penal code,
1931 PA 328, MCL 750.448, if a victim is an individual less than 18
years of age.
(ix) A violation of section 455 of the Michigan penal code,
1931 PA 328, MCL 750.455.
(x) A violation of section 520b, 520c, 520d, 520e, or 520g of
the Michigan penal code, 1931 PA 328, MCL 750.520b, 750.520c,
750.520d, 750.520e, and 750.520g.
(xi) Any other violation of a law of this state or a local
ordinance of a municipality that by its nature constitutes a sexual
offense against an individual who is less than 18 years of age.
(xii) An offense committed by a person who was, at the time of
the offense, a sexually delinquent person as defined in section 10a
of the Michigan penal code, 1931 PA 328, MCL 750.10a.
(xiii) An attempt or conspiracy to commit an offense described
in subparagraphs (i) to (xii).
(xiv) An offense substantially similar to an offense described
in subparagraphs (i) to (xiii) under a law of the United States, any
state, or any country or under tribal or military law.
(f) "Municipality" means a city, village, or township of this
state.
(g) "Residence", as used in this act, for registration and
voting purposes means that place at which 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 wife has
a residence separate from that of the husband, that place at which
the person resides the greater part of the time shall be his or her
official residence for the purposes of this act. This section shall
not be construed to affect existing judicial interpretation of the
term residence.
(h) "Student" means an individual 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.
