Bill Text: MI SB0076 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Criminal procedure; sex offender registration; loitering within 1,000 feet of day care center; prohibit, and regulate certain other conduct in school safety zones. Amends secs. 34 & 35 of 1994 PA 295 (MCL 28.734 & 28.735).
Spectrum: Slight Partisan Bill (Republican 5-2)
Status: (Engrossed - Dead) 2013-12-04 - Referred To Second Reading [SB0076 Detail]
Download: Michigan-2013-SB0076-Engrossed.html
SB-0076, As Passed Senate, September 25, 2013
SUBSTITUTE FOR
SENATE BILL NO. 76
A bill to amend 1994 PA 295, entitled
"Sex offenders registration act,"
by amending section 34 (MCL 28.734), as amended by 2005 PA 322.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 34. (1) Except as provided in this section and section
36, an individual required to be registered under article II shall
not do 1 or more of the following:
(a) Work within a student safety zone.
(b) Loiter within a student safety zone or within 1,000 feet
of a child care center or day care center. As used in this
subdivision, "child care center" or "day care center" means a child
care center or day care center as those terms are defined in
section 1 of 1973 PA 116, MCL 722.111, and as licensed under
section 5 of 1973 PA 116, MCL 722.115.
(2) An individual who violates this section is guilty of a
crime as follows:
(a) For the first violation, the individual is guilty of a
misdemeanor punishable by imprisonment for not more than 1 year or
a fine of not more than $1,000.00, or both.
(b) An individual who violates this section and has 1 or more
prior convictions under this section is guilty of a felony
punishable by imprisonment for not more than 2 years or a fine of
not more than $2,000.00, or both.
(3) Subsection (1)(a) does not apply to any of the following:
(a) An individual who was working within a student safety zone
on January 1, 2006. However, this exception does not apply to an
individual who initiates or maintains contact with a minor within
that student safety zone.
(b) An individual whose place of employment is within a
student safety zone solely because a school is relocated or is
initially established 1,000 feet or less from the individual's
place of employment. However, this exception does not apply to an
individual who initiates or maintains contact with a minor within
that student safety zone.
(c) An individual who only intermittently or sporadically
enters a student safety zone for the purpose of work. However, this
exception does not apply to an individual who initiates or
maintains contact with a minor within a student safety zone.
(4) Subsection (1)(a) and (b) does not apply to any of the
following:
(a) An individual who is within a student safety zone while
Senate Bill No. 76 as amended September 24, 2013
transporting his or her child to or from school or to or from an
event sanctioned by that school.
(b) An individual who is within a student safety zone for the
purpose of meeting with an employee of the school regarding his or
her child enrolled at that school.
(c) An individual who is within 1,000 feet of a child care
center or day care center while transporting his or her child to or
from that child care center or day care center or to or from an
event sanctioned by that child care center or day care center.
(d) An individual who is within 1,000 feet of a child care
center or day care center for the purpose of meeting with an
employee of the child care center or day care center regarding his
or her child enrolled at that child care center or day care center.
(5) (4)
This section does not prohibit an
individual from
being charged with, convicted of, or punished for any other
violation of law that is committed by that individual while
violating this section.
(6) (5)
Nothing in this section shall be
construed to prohibit
an individual from exercising his or her right to vote.
<<Enacting section 1. This amendatory act takes effect February 1, 2014.>>
