Substitute For
SENATE BILL NO. 371
A bill to create the child abuse offenders database; to prescribe the powers and duties of certain departments and agencies in connection with that database; and to prescribe 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 offenders database act".
(a) "Child abuse offense" means a violation of section 136b(2), (3)(a), (5)(a), or (7)(a) of the Michigan penal code, 1931 PA 328, MCL 750.136b, or a substantially similar offense under a law of the United States, any state, or any country or under tribal or military law, that is committed by an adult or by a minor who is 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) "Convicted" means any 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, other than 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.
(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, 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.
(c) "Database" means the child abuse offender database created under section 3.
(d) "Department" means the department of state police.
(e) "Local law enforcement agency" means the police department of a municipality.
(f) "Minor" means an individual who is under 18 years of age.
(g) "Municipality" means a city, village, or township of this state.
Sec. 3. (1) Subject to subsection (10), the department shall maintain a computerized database of individuals convicted of child abuse offenses in this state. The database must contain all of the following information for each individual required to be in the database created under that 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 municipality in which the individual resides.
(d) A brief summary of the individual's convictions for child abuse offenses regardless of when the conviction occurred.
(e) The text of the provision of law that defines the criminal offense resulting in the individual's inclusion in the database.
(2) The department shall maintain a public internet website that must contain all of the following information for each individual required to be included in the child abuse offenders database:
(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 municipality in which the individual resides.
(d) A brief summary of the individual's convictions for child abuse offenses regardless of when the conviction occurred.
(e) The text of the provision of law that defines the criminal offense resulting in the individual's inclusion in the database.
(3) The following information must 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 email 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 email address or instant messaging system.
(f) The individual's driver license number or state personal identification card number.
(4) The compilation of individuals in the database and on the public internet website must be indexed alphabetically by village, city, township, and county, numerically by zip code area, and geographically as determined appropriate by the department.
(5) The department shall update the public internet website with new inclusions to the database, deletions from the database, and address changes at the same time those changes are made to the database described in subsection (1). The department shall make the database available to each department post, local law enforcement agency, and sheriff's department by the law enforcement information network. Upon request of 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 database in printed or electronic 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 database and the public internet website based upon an individual's name.
(6) 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 must provide for a search by name, village, city, township, and county designation, zip code, and geographical area.
(7) If a court determines that the public availability under this section of any information concerning individuals included in the child abuse offenders database violates the Constitution of the United States or state constitution of 1963, the department shall revise the public internet website described in subsection (2) so that it does not contain that information.
(8) If the department determines that an individual is no longer required to be included in the database, the department shall remove the individual's information from both the database and the public internet website within 7 days after making that determination.
(9) An individual required to be included in the database must remain on the database and the public internet website as follows:
(a) For a violation of section 136b(2), (3)(a), or (5)(a) of the Michigan penal code, 1931 PA 328, MCL 750.136b, or a substantially similar offense under a law of the United States, any state, or any country or under tribal or military law, for 10 years.
(b) For a violation of section 136b(7)(a) of the Michigan penal code, 1931 PA 328, MCL 750.136b, or a substantially similar offense under a law of the United States, any state, or any country or under tribal or military law, for 5 years.
(10) The database created under this act must only include individuals convicted of a child abuse offense on or after the effective date of this act.
Sec. 5. (1) A department post, local law enforcement agency, or sheriff's department shall make information from the public internet website described in section 3(2) for the designated 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.
(2) The department shall make information from the public internet website described in section 3(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 public internet website described in section 3(2) is initially included in the database, or changes his or her information in the database, to a location that is in a designated area or geographic radius designated by the subscribing member of the public.
(3) Except as provided in this act, a person other than the individual included in the database who knows of the individual's inclusion in the database who divulges, uses, or publishes nonpublic information concerning the individual's inclusion in the database 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.
(4) An individual whose inclusion in the database is revealed in violation of this act has a civil cause of action against the responsible party for treble damages.
(5) Subsections (3) and (4) do not apply to the public internet website described in section 3(2) or information from that public internet website that is provided or made available under section 3(2) or under subsection (1) or (2).
Enacting section 1. This act takes effect 90 days after the date it is enacted into law.
Enacting section 2. This act must be known and may be cited as "Wyatt's Law".