Bill Text: MI SB0044 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Criminal procedure; sex offender registration; placement on the public registry; remove certain exceptions. Amends sec. 8 of 1994 PA 295 (MCL 28.728).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2013-03-13 - Assigned Pa 0002'13 With Immediate Effect [SB0044 Detail]
Download: Michigan-2013-SB0044-Engrossed.html
SB-0044, As Passed Senate, January 29, 2013
SENATE BILL No. 44
January 16, 2013, Introduced by Senator JONES and referred to the Committee on Judiciary.
A bill to amend 1994 PA 295, entitled
"Sex offenders registration act,"
by amending section 8 (MCL 28.728), as amended by 2011 PA 18.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 8. (1) The department shall maintain a computerized law
enforcement database of registrations and notices required under
this act. The law enforcement database shall contain all of the
following information for each individual registered under this
act:
(a) The individual's legal name and any aliases, nicknames,
ethnic or tribal names, or other names by which the individual is
or has been known.
(b) The individual's social security number and any social
security numbers or alleged social security numbers previously used
by the individual.
(c) The individual's date of birth and any alleged dates of
birth previously used by the individual.
(d) The address where the individual resides or will reside.
If the individual does not have a residential address, information
under this subsection shall identify the location or area used or
to be used by the individual in lieu of a residence or, if the
individual is homeless, the village, city, or township where the
individual spends or will spend the majority of his or her time.
(e) The name and address of any place of temporary lodging
used or to be used by the individual during any period in which the
individual is away, or is expected to be away, from his or her
residence for more than 7 days. Information under this subdivision
shall include the dates the lodging is used or to be used.
(f) The name and address of each of the individual's
employers. For purposes of this subdivision, "employer" includes a
contractor and any individual who has agreed to hire or contract
with the individual for his or her services. Information under this
subsection shall include the address or location of employment if
different from the address of the employer.
(g) The name and address of any school being attended by the
individual and any school that has accepted the individual as a
student that he or she plans to attend. For purposes of this
subdivision, "school" means a public or private postsecondary
school or school of higher education, including a trade school.
(h) All telephone numbers registered to the individual or
routinely used by the individual.
(i) All electronic mail addresses and instant message
addresses assigned to the individual or routinely used by the
individual and all login names or other identifiers used by the
individual when using any electronic mail address or instant
messaging system.
(j) The license plate number or registration number and
description of any motor vehicle, aircraft, or vessel owned or
regularly operated by the individual and the location at which the
motor vehicle, aircraft, or vessel is habitually stored or kept.
(k) The individual's driver license number or state personal
identification card number.
(l) A digital copy of the individual's passport and other
immigration documents.
(m) The individual's occupational and professional licensing
information, including any license that authorizes the individual
to engage in any occupation, profession, trade, or business.
(n) 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.
(o) A complete physical description of the individual.
(p) The photograph required under section 5a.
(q) The individual's fingerprints and palm prints.
(r) An electronic copy of the offender's Michigan driver
license or Michigan personal identification card, including the
photograph required under this act.
(s) The text of the provision of law that defines the criminal
offense for which the sex offender is registered.
(t) Any outstanding arrest warrant information.
(u) The individual's tier classification and registration
status.
(v) An identifier that indicates whether a DNA sample has been
collected and any resulting DNA profile has been entered into the
federal combined DNA index system (CODIS).
(w) The individual's complete criminal history record,
including the dates of all arrests and convictions.
(x) The individual's Michigan department of corrections number
and the status of his or her parole, probation, or release.
(y) The individual's federal bureau of investigation number.
(2) The department shall maintain a public internet website
separate from the law enforcement database described in subsection
(1) to implement section 10(2) and (3). Except as provided in
subsection (4), the public internet website shall contain all of
the following information for each individual registered under this
act:
(a) The individual's legal name and any aliases, nicknames,
ethnic or tribal names, or other names by which the individual is
or has been known.
(b) The individual's date of birth.
(c) The address where the individual resides. If the
individual does not have a residential address, information under
this subsection shall identify the village, city, or township used
by the individual in lieu of a residence.
(d) The address of each of the individual's employers. For
purposes of this subdivision, "employer" includes a contractor and
any individual who has agreed to hire or contract with the
individual for his or her services. Information under this
subsection shall include the address or location of employment if
different from the address of the employer.
(e) The address of any school being attended by the individual
and any school that has accepted the individual as a student that
he or she plans to attend. For purposes of this subdivision,
"school" means a public or private postsecondary school or school
of higher education, including a trade school.
(f) The license plate number or registration number and
description of any motor vehicle, aircraft, or vessel owned or
regularly operated by the individual.
(g) A brief summary of the individual's convictions for listed
offenses regardless of when the conviction occurred.
(h) A complete physical description of the individual.
(i) The photograph required under this act. If no photograph
is available, the department shall use an arrest photograph or
Michigan department of corrections photograph until a photograph as
prescribed in section 5a becomes available.
(j) The text of the provision of law that defines the criminal
offense for which the sex offender is registered.
(k) The individual's registration status.
(l) The individual's tier classification.
(3) The following information shall not be made available on
the public internet website described in subsection (2):
(a) The identity of any victim of the offense.
(b) The individual's social security number.
(c) Any arrests not resulting in a conviction.
(d) Any travel or immigration document numbers.
(e) Any electronic mail addresses and instant message
addresses assigned to the individual or routinely used by the
individual and any login names or other identifiers used by the
individual when using any electronic mail address or instant
messaging system.
(f) The individual's driver license number or state personal
identification card number.
(4) The public internet website described in subsection (2)
shall not include the following individuals:
(a) An individual registered solely because he or she had 1 or
more dispositions for a listed 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.
(b) An individual registered solely because he or she was the
subject of an order of disposition or other adjudication in a
juvenile matter in another state or country.
(c)
An individual registered solely because he or she has been
was
convicted of a single tier I offense, .
other than an
individual who was convicted of a violation of any of the
following:
(i) Section 145c(4) of the Michigan penal code, 1931 PA 328,
MCL 750.145c.
(ii) A violation of section 335a(2)(b) of the Michigan penal
code, 1931 PA 328, MCL 750.335a, if a victim is a minor.
(iii) Section 349b of the Michigan penal code, 1931 PA 328, MCL
750.349b, if the victim is a minor.
(iv) Section 539j of the Michigan penal code, 1931 PA 328, MCL
750.539j, if a victim is a minor.
(v) Any other violation of a law of this state or a local
ordinance of a municipality substantially similar to an offense
described in subparagraphs (i) to (iv) and that by its nature
constitutes a sexual offense against an individual who is a minor.
(vi) An offense substantially similar to an offense described
in subparagraphs (i) to (v) under a law of the United States that is
specifically enumerated in 42 USC 16911, under a law of any state
or any country, or under tribal or military law.
(5) The compilation of individuals shall be indexed
alphabetically by village, city, township, and county, numerically
by zip code area, and geographically as determined appropriate by
the department.
(6) The department shall update the public internet website
with new registrations, deletions from registrations, and address
changes at the same time those changes are made to the law
enforcement database described in subsection (1). The department
shall make the law enforcement database 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 law enforcement
database in printed form for the designated 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 law enforcement database and the public
internet website based upon the name and campus location of an
institution of higher education.
(7) The department shall make the law enforcement database
available to a department post, local law enforcement agency, or
sheriff's department by electronic, computerized, or other similar
means accessible to the post, agency, or sheriff's department. The
department shall make the public internet website available to the
public by electronic, computerized, or other similar means
accessible to the public. The electronic, computerized, or other
similar means shall provide for a search by name, village, city,
township, and county designation, zip code, and geographical area.
(8) If a court determines that the public availability under
section 10 of any information concerning individuals registered
under this act violates the constitution of the United States or
this state, the department shall revise the public internet website
described in subsection (2) so that it does not contain that
information.
(9) If the department determines that an individual has
completed his or her registration period, including a registration
period
reduced by law under the amendatory act that added this
subsection,
2011 PA 18, or that he or she otherwise is no longer
required to register under this act, the department shall remove
Senate Bill No. 44 as amended January 29, 2013
the individual's registration information from both the law
enforcement database and the public internet website within 7 days
after making that determination.
(10) If the individual provides the department with
documentation showing that he or she is required to register under
this act for a violation that has been set aside under 1965 PA 213,
MCL 780.621 to 780.624, or that has been otherwise expunged, the
department shall note on the public internet website that the
violation has been set aside or expunged.
<<Enacting section 1. This amendatory act takes effect
June 1, 2013.>>
