Bill Text: MI HB6568 | 2009-2010 | 95th Legislature | Introduced
Bill Title: Criminal procedure; records; state registry of individuals convicted of child abuse; establish. Creates new act.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-11-30 - Printed Bill Filed 11/18/2010 [HB6568 Detail]
Download: Michigan-2009-HB6568-Introduced.html
HOUSE BILL No. 6568
November 17, 2010, Introduced by Rep. Espinoza and referred to the Committee on Judiciary.
A bill to require persons convicted of child abuse offenses to
register; to prescribe the powers and duties of certain departments
and agencies in connection with that registration; and to prescribe
fees, 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 offender registration act".
Sec. 2. As used in this act:
(a) "Child abuse offense" means 1 or more of the following:
(i) A violation of section 136b of the Michigan penal code,
1931 PA 328, MCL 750.136b (child abuse).
(ii) A violation of 1 or more of the following committed
against an individual less than 18 years of age:
(A) Section 81 of the Michigan penal code, 1931 PA 328, MCL
750.81 (assault and battery).
(B) Section 81a of the Michigan penal code, 1931 PA 328, MCL
750.81a (aggravated assault and battery).
(C) Section 82 of the Michigan penal code, 1931 PA 328, MCL
750.82 (felonious assault).
(D) Section 83 of the Michigan penal code, 1931 PA 328, MCL
750.83 (assault with intent to commit murder).
(E) Section 84 of the Michigan penal code, 1931 PA 328, MCL
750.84 (assault with intent to do great bodily harm less than
murder).
(F) Section 85 of the Michigan penal code, 1931 PA 328, MCL
750.85 (torture).
(G) Section 86 of the Michigan penal code, 1931 PA 328, MCL
750.86 (assault with intent to maim).
(H) Section 91 of the Michigan penal code, 1931 PA 328, MCL
750.91 (attempted murder).
(I) Section 316 of the Michigan penal code, 1931 PA 328, MCL
750.316 (first degree murder).
(J) Section 317 of the Michigan penal code, 1931 PA 328, MCL
750.317 (second degree murder).
(K) Section 321 of the Michigan penal code, 1931 PA 328, MCL
750.321 (manslaughter).
(iii) Any other violation of a law of this state or a local
ordinance of a municipality that by its nature constitutes a child
abuse offense against an individual who is less than 18 years of
age.
(iv) An attempt or conspiracy to commit an offense described in
subparagraphs (i) to (iii).
(v) An offense substantially similar to an offense described
in subparagraphs (i) to (iv) under a law of the United States, any
state, or any country or under tribal or military law.
(b) "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.
(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) "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.
Sec. 3. The following individuals who are domiciled or
temporarily reside in this state for 14 or more consecutive days,
who work with or without compensation or are students in this state
for 14 or more consecutive days, or who are domiciled, reside, or
work with or without compensation or are students in this state for
30 or more total days in a calendar year are required to be
registered under this act:
(a) An individual who is convicted of a child abuse offense
after January 1, 2011.
(b) An individual convicted of a child abuse offense on or
before January 1, 2011 if on January 1, 2011 he or she is on
probation or parole, committed to jail, committed to the
jurisdiction of the department of corrections, or under the
jurisdiction of the juvenile division of the probate court or the
department of human services for that offense or is placed on
probation or parole, committed to jail, committed to the
jurisdiction of the department of corrections, placed under the
jurisdiction of the juvenile division of the probate court or
family division of circuit court, or committed to the department of
human services after January 1, 2011 for that offense.
(c) An individual convicted of a child abuse offense on or
before January 1, 2011 if on January 1, 2011 he or she is on
probation or parole that has been transferred to this state for
that offense or his or her probation or parole is transferred to
this state after January 1, 2011 for that offense.
(d) An individual from another state who is required to
register or otherwise be identified as a child abuse offender or
predator under a comparable statute of that state.
Sec. 4. (1) Registration of an individual under this act shall
proceed as provided in this section.
(2) For an individual convicted of a child abuse offense on or
before January 1, 2011 who on or before January 1, 2011 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, 2010:
(a) If the individual is on probation for the child abuse
offense, the individual's probation officer.
(b) If the individual is committed to jail for the child abuse
offense, the sheriff or his or her designee.
(c) If the individual is under the jurisdiction of the
department of corrections for the child abuse offense, the
department of corrections.
(d) If the individual is on parole for the child abuse
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 human
services under an order of disposition for the child abuse 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 child abuse offense on or before January 1, 2011:
(a) If the individual is sentenced for that offense after
January 1, 2011 or assigned to youthful trainee status after
January 1, 2011, 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 January 1, 2011, 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 human services
under an order of disposition entered after January 1, 2011, 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) Subject to section 3, an individual convicted of a child
abuse offense in this state after January 1, 2011 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, 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
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.
(5) 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:
(a) Subject to section 3, an individual convicted of a child
abuse offense in another state or country after January 1, 2011.
(b) An individual required to be registered as a child abuse
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 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 required
under section 5a or section 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. 5. (1) An individual required to be registered under this
act shall notify 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 of the individual's new
residence or domicile within 10 days after the individual changes
or vacates his or her residence, domicile, or place of work or
education, including any change required to be reported under
section 4a.
(2) If an individual who is incarcerated in a state
correctional facility and is required to be registered under this
act is granted parole or is due to be released upon completion of
his or her maximum sentence, the department of corrections, before
releasing the individual, shall provide notice of the location of
the individual's proposed place of residence or domicile to the
sheriff's department having jurisdiction over that location or to
the appropriate state police department post.
(3) Within 10 days after either of the following occurs, the
department of corrections shall notify the local law enforcement
agency or sheriff's department having jurisdiction over the area to
which the individual is transferred or the department post of the
transferred residence or domicile of an individual required to be
registered under this act:
(a) The individual is transferred to a community residential
program.
(b) The individual is transferred into a minimum custody
correctional facility of any kind, including a correctional camp or
work camp.
(4) An individual required to be registered under this act
shall notify the department on a form prescribed by the department
not later than 10 days before he or she changes his or her domicile
or residence to another state. The individual shall indicate the
new state and, if known, the new address. The department shall
update the registration and compilation databases and promptly
notify the appropriate law enforcement agency and any applicable
sex or child abuse offender registration authority in the new
state.
(5) If the probation or parole of an individual required to be
registered under this act is transferred to another state or an
individual required to be registered under this act is transferred
from a state correctional facility to any correctional facility or
probation or parole in another state, the department of corrections
shall promptly notify the department and the appropriate law
enforcement agency and any applicable child abuse offender
registration authority in the new state. The department shall
update the registration and compilation databases.
(6) An individual registered under this act shall comply with
the verification procedures and proof of residence procedures
prescribed in sections 4a and 5a.
(7) Except as provided in subsection (8), an individual shall
comply with this section for 25 years after the date of initially
registering or, if the individual is in a state correctional
facility, for 10 years after release from the state correctional
facility, whichever is longer.
(8) An individual shall comply with this section for life if
the individual is convicted of any of the following or a
substantially similar offense under a law of the United States, any
state, or any country or under tribal or military law:
(a) A violation of section 136b(2) of the Michigan penal code,
1931 PA 328, MCL 750.136b (first degree child abuse).
(b) A violation of 1 or more of the following committed
against an individual less than 18 years of age:
(i) Section 83 of the Michigan penal code, 1931 PA 328, MCL
750.83 (assault with intent to commit murder).
(ii) Section 91 of the Michigan penal code, 1931 PA 328, MCL
750.91 (attempted murder).
(iii) Section 316 of the Michigan penal code, 1931 PA 328, MCL
750.316 (first degree murder).
(iv) Section 317 of the Michigan penal code, 1931 PA 328, MCL
750.317 (second degree murder).
(v) Section 321 of the Michigan penal code, 1931 PA 328, MCL
750.321 (manslaughter).
(c) An attempt or conspiracy to commit an offense described in
subdivision (a) or (b).
(d) A second or subsequent child abuse offense committed after
October 1, 2010 regardless of when any earlier child abuse offense
was committed.
Sec. 5a. (1) Not later than December 1, 2010, 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 prescribed under subsection (6) or
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 prescribed under
subsection (6) or 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, 2011, 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, 2011 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, 2011, 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 child abuse
offenses that are misdemeanors, not earlier than January 1 or later
than January 15 of each year after the initial verification or
registration. 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 child abuse
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. 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) 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).
(6) Except as otherwise provided in section 5b, 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.
(7) 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.
(8) Not earlier than January 1, 2011 or later than January 15,
2011, 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, 2010
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, 2011, 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.
(9) 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.
(10) 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 registration fee prescribed under this act, $25.00 shall be
forwarded to the department, which shall deposit the money in the
child abuse 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.
(2) The child abuse 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 prescribed under this act to the child abuse
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 child abuse
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 prescribed under this act
shall be made in the form and by means prescribed by the
department. Upon payment of the 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. 5c. The department of corrections shall not collect any
fee prescribed under this act.
Sec. 6. (1) The officer, court, or agency registering an
individual or receiving or accepting a registration under section 4
or receiving notice under section 5(1) shall provide the individual
with a copy of the registration or notification at the time of
registration or notice.
(2) The officer, court, or agency registering an individual or
receiving or accepting a registration under section 4 or notified
of an address change under section 5(1) shall forward the
registration or notification to the department by the law
enforcement information network within 3 business days after
registration or notification.
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, 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 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.
(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. 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. 8. (1) The department shall maintain a computerized
database of registrations and notices required under this act.
(2) The department shall maintain a computerized database
separate from that described in subsection (1) to implement section
10(2) and (3). Except as provided in subsection (3), the database
shall consist of a compilation of individuals registered under this
act.
(3) The database described in subsection (2) shall not include
an individual registered solely because he or she had 1 or more
dispositions for a child abuse offense entered under section 18 of
chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.18,
in a case that was not designated as a case in which the individual
was to be 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.
The exclusion for juvenile dispositions does not apply to a
disposition for child abuse in the first degree, murder, or
manslaughter after the individual becomes 18 years of age.
(4) The compilation of individuals shall be indexed
numerically by zip code area. Within each zip code area, the
compilation shall contain all of the following information:
(a) The name and aliases, address, physical description, and
birth date of each individual registered under this act who is
included in the compilation and who resides in that zip code area
and any child abuse offense of which the individual has been
convicted.
(b) The name and campus location of each institution of higher
education to which the individual is required to report under
section 4a.
(c) The photograph of each individual registered under this
act. The department shall obtain the photographs submitted under
section 5a from the secretary of state for purposes of implementing
this subdivision.
(5) The department shall update the compilation with new
registrations, deletions from registrations, and address changes at
the same time those changes are made to the database described in
subsection (1). The department shall make the compilation available
to each department post, local law enforcement agency, and
sheriff's department by the law enforcement information network.
Upon request by 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
compilation in printed form for the zip code 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 compilation based upon the name and
campus location of an institution of higher education described in
subsection (4)(b).
(6) The department shall make the compilation or information
from the compilation available to a department post, local law
enforcement agency, sheriff's department, and the public by
electronic, computerized, or other similar means accessible to the
post, agency, or sheriff's department. The electronic,
computerized, or other similar means shall provide for both a
search by name and by zip code.
(7) If a court determines that the public availability under
section 10 of any information concerning individuals registered
under this act, including names and aliases, addresses, physical
descriptions, or dates of birth, violates the constitution of the
United States or this state, the department shall revise the
compilation in subsection (2) so that it does not contain that
information.
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 fee required under section 5a(6) 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
registration fee prescribed in section 5a(6) 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.
Sec. 10. (1) Except as provided in this act, a registration or
report is confidential and information from that registration or
report shall 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 compilation
described in section 8(2) for the zip code 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 may make information from the compilation
described in section 8(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 an individual who is the subject of the
compilation described in section 8(2) initially registers under
this act, or changes his or her registration under this act, to a
location that is in a zip code area designated by the subscribing
member of the public.
(4) Except as provided in this act, an individual other than
the registrant who knows of a registration or report under this 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) An individual 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 compilation
described in section 8(2) or information from that compilation that
is provided or made available under section 8(2) or under
subsection (2) or (3).
