LegislationCurrent Michigan Legislation Affecting Registrants
Current Michigan Legislation Affecting Registrants
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Below are bills under consideration in the legislature now. They have not yet been made law! By accessing a bill you can determine what stage the bill is in and learn more about it, as well as print it on your printer.
LEGISLATION INTRODUCED IN 2009-2010 Session
(for more information on sponsors and where the bill stands, click on the link to the bill)
House Bill 4025 (2009)
Sponsor: Richard Hammel
Categories: Criminal procedure, sex offender registration; Criminal procedure, mental capacity; Crimes, criminal sexual conduct
Description: Criminal procedure; sex offender registration; individual found not guilty of a sex offense by reason of insanity to be placed on sex offender registry; require. Amends sec. 2 of 1994 PA 295 (MCL 28.722).
Actions: 1/22/2009 referred to Committee on Judiciary.
Under MCL 28.722; Definitions of “convicted”, it adds (what’s in CAPS):
(i) Having a judgment of conviction, A DISPOSITION OF NOT GUILTY BY REASON OF INSANITY, 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.
Senate Bill 0036 (2009)
Sponsor: John Pappageorge
Co-sponsors: Patricia Birkholz, Roger Kahn, Randy Richardville
Categories: Education, curricula; Communications, internet
Description: Education; curricula; internet safety instruction in schools; require. Amends 1976 PA 451 (MCL 380.1 - 380.1852) by adding sec. 1163.
Actions: 1/27/2009 referred to Committee on Education.
SEC. 1163. (1) NOT LATER THAN JANUARY 1, 2010, THE SUPERINTENDENT OF PUBLIC INSTRUCTION, IN COOPERATION WITH THE DEPARTMENT OF STATE POLICE AND OTHER APPROPRIATE STATE AGENCIES, SHALL DEVELOP OR ADOPT 1 OR MORE MODEL PROGRAMS DESIGNED TO PROVIDE GRADE-LEVEL-APPROPRIATE INSTRUCTION ON INTERNET SAFETY FOR PUPILS IN ALL GRADE LEVELS. WHEN DEVELOPED OR ADOPTED, THE SUPERINTENDENT OF PUBLIC INSTRUCTION SHALL MAKE THE MODEL PROGRAM OR PROGRAMS AVAILABLE TO PUBLIC AND NONPUBLIC SCHOOLS AND TO PARENTS.
(2) BEGINNING IN THE 2010-2011 SCHOOL YEAR, EACH SCHOOL DISTRICT AND PUBLIC SCHOOL ACADEMY SHALL PROVIDE GRADE-LEVEL APPROPRIATE INSTRUCTION ON INTERNET SAFETY FOR PUPILS IN ALL GRADE LEVELS. THIS INSTRUCTION MAY BE BASED ON A MODEL PROGRAM DEVELOPED OR ADOPTED UNDER SUBSECTION (1).
Sponsor: Kate Ebli
Co-sponsors: Mark Meadows, Sarah Roberts, Lesia Liss, Mary Valentine, Fred Durhal, Lisa Brown, Marie Donigan, Kathy Angerer
Categories: Civil procedure, personal protection orders; Crime victims, other; Crimes, criminal sexual conduct; Crimes, computer; Crimes, obscenity; Crimes, crimes against minors
Description: Civil procedure; personal protection orders; victims of posting certain messages on the internet, furnishing obscene publications to minors, or criminal sexual conduct; allow to petition for personal protection orders. Amends sec. 2950a of 1961 PA 236 (MCL 600.2950a). TIE BAR WITH: HB 4221'09
Action: 2/11/2009; passed out of the House with substitute; 6/17/09 referred to Senate Judiciary.
Senate Bill 0211 (2009)
Sponsor: Dennis Olshove
Co-sponsors: Deborah Cherry, Martha Scott, Patricia Birkholz
Categories: Criminal procedure, expunction; Crimes, solicitation; Crimes, criminal sexual conduct
Description: Criminal procedure; expunction; setting aside convictions for solicitation or conspiracy to commit criminal sexual conduct; prohibit. Amends sec. 1 of 1965 PA 213 (MCL 780.621).
Action: 2/11/2009 referred to Committee on Judiciary.
The change being suggested to the set-aside law is in CAPS below:
(2) A person shall not apply to have set aside, and a judge shall not set aside, a conviction for a felony for which the maximum punishment is life imprisonment or an attempt to commit a felony for which the maximum punishment is life imprisonment, a conviction for a violation, or attempted violation, OR SOLICITATION OR CONSPIRACY TO COMMIT A VIOLATION of section 520c, 520d, or 520g of the Michigan penal code, 1931 PA 328, MCL 750.520c, 750.520d, and 750.520g, or a conviction for a traffic offense.
House Bill 4315 (2009)
Sponsor: Mark Meadows
Co-sponsors: Rebekah Warren, Lee Gonzales, Bert Johnson, Robert Dean
Categories: Crimes, criminal sexual conduct; Corrections, employees
Description: Crimes; criminal sexual conduct; criminal sexual conduct in the second degree; modify elements of crimes involving certain prisoners and probationers. Amends sec. 520c of 1931 PA 328 (MCL 750.520c).
Action: 2/18/2009; Passed out of the House; referred to Senate Judiciary 3/10/09.
The change to 2nd degree is (in CAPS):
(k) That other person is a prisoner or probationer under the
jurisdiction of a county for purposes of imprisonment or a work program or other probationary program and the actor is an employee or a contractual employee of or a volunteer with the county or the department of corrections who knows that the other person is under the county's jurisdiction AND WHO ENGAGES IN SEXUAL CONTACT WITH THE VICTIM WHILE THE VICTIM IS IMPRISONED OR WHO USES HIS OR HER POSITION OF AUTHORITY OVER THE VICTIM TO GAIN ACCESS TO OR TO COERCE OR OTHERWISE ENCOURAGE THE VICTIM TO ENGAGE IN SEXUAL CONTACT DURING ANY TERM OF SUPERVISION.
Sub H-1 changed part of the last sentence (above) to say:
DURING ANY PERIOD OF TIME THAT THE VICTIM IS UNDER THE COUNTY'S JURISDICTION.
House Bill 4405 (2009)
Sponsors: Andy Coulouris
Co-sponsors: Bert Johnson, Joel Sheltrown, Rebekah Warren, Robert Jones
Categories: Criminal procedure, expunction; Records, other
Description: Criminal procedure; expunction; record expunction for certain offenders; provide for.
Action: 2/24/2009; passed out of Judiciary Committee 5/13/09.
This legislation would allow those who qualify for a set aside (expungement) to get a felony expunged even if they have up to 2 misdemeanors on their record, or they can have 2 misdemeanors expunged if they do NOT have a felony on their record. (Some of the specific legislative changes are in CAPS below).
Exceptions:
Cannot get a felony or misdemeanor expunged if the petitioner has a previous misdemeanor on their record for an earlier offense where THE VICTIM IS A SPOUSE, A FORMER SPOUSE, AN INDIVIDUAL WITH WHOM THE PERSON HAS HAD A CHILD IN COMMON, AN INDIVIDUAL WITH WHOM THE PERSON HAS OR HAS HAD A DATING RELATIONSHIP, OR AN INDIVIDUAL RESIDING OR HAVING RESIDED IN THE SAME HOUSEHOLD AS THE PERSON.
(3) An application shall ONLY be filed 5 OR MORE years AFTER WHICHEVER OF THE FOLLOWING EVENTS OCCURS LAST:
(A) IMPOSITION of the sentence
(B) COMPLETION OF PROBATION IMPOSED
(C) DISCHARGE FROM PAROLE IMPOSED
(D) COMPLETION of any term of imprisonment
If the petition is denied, the petitioner cannot file another petition for the same offense for 3 years.
Cannot petition for a set-aside if the individual has 2 misdemeanors and has also had a felony or misdemeanor deferral or dismissal.
The bill lists which traffic violations constitute a misdemeanor.
House Bill 4469 (2009)
Sponsor: Bettie Scott
Co-sponsors: Rick Jones, Fred Durhal, John Walsh, Matt Lori, Tonya Schuitmaker, Pete Lund, Fred Miller, Richard LeBlanc, Lee Gonzales, LaMar Lemmons, John Espinoza, Harold Haugh, Vincent Gregory, Douglas Geiss, Vicki Barnett, Robert Jones, Lesia Liss, Hugh Crawford, Jennifer Haase, Deb Kennedy, Marty Knollenberg, Darwin Booher, Gail Haines, Mark Meadows, Paul Opsommer, James Marleau, Arlan Meekhof, Eileen Kowall, Gabe Leland, Chuck Moss, Cindy Denby, Bert Johnson, Kim Meltzer
Categories: Health, occupations; Occupations, individual licensing and regulation; Crimes, criminal sexual conduct; State agencies (existing), community health
Description: Health; occupations; revocation or denial of license upon conviction of first, second, or third degree criminal sexual conduct; require disciplinary subcommittee to impose. TIE BAR WITH: HB 4468'09
Action: 2/26/2009 referred to Committee on Health Policy.
This bill separated 4th degree from 1st - 3rd degree CSC so that in the bill below (HB 5043) they could keep someone convicted of 1st – 3rd degree from ever getting their professional license reinstated.
House Bill 5043 (2009)
Sponsors: Lesia Liss
Co-sponsors: Rick Jones, Bettie Scott, Bob Constan
Categories: Health, occupations; Crimes, criminal sexual conduct; Occupations, individual licensing and regulation; State agencies (existing), community health
Description: Health; occupations; license revocation or denial upon conviction of first, second, or third degree criminal sexual conduct; make permanent. Amends secs. 16245 & 16631 of 1978 PA 368 (MCL 333.16245 & 333.16631). TIE BAR WITH: HB 4468'09, HB 4469'09
Actions: 6/4/2009 referred to Committee on Health Policy.
Keeps 1st – 3rd degree CSC from getting their professional license reinstated at any time. 4th degree CSC could potentially get their license reinstated.
House Bill 4570 (2009)
Sponsor: Rick Jones
Co-sponsors: John Walsh, Matt Lori, Hugh Crawford, Eileen Kowall, Marty Knollenberg, Mark Meadows
Categories: Criminal procedure, sex offender registration; Crimes, animals; Crimes, criminal sexual conduct
Description: Criminal procedure; sex offender registration; crime of sodomy; specify sodomy of an animal for inclusion in sex offender registration requirements.
Action: 3/12/2009 referred to Committee on Judiciary.
This bill adds, under “listed offense” in the SORA, a violation against an animal.
Sponsors: Roger Kahn
Co-sponsors: John Pappageorge, Patricia Birkholz
Categories: Criminal procedure, sex offender registration; Education, students
Description: Criminal procedure; sex offender registration; definition of student safety zone; expand to include day care centers and preschools. Amends sec. 33 of 1994 PA 295 (MCL 28.733).
Actions: 5/21/2009 referred to Committee on Judiciary.
Adds Preschool and Day Care Center to the definition of “school” for purposes of the Student Safety Zone restrictions (does not include either which is in a private residence).
House Bill 5066 (2009)
Sponsor: LaMar Lemmons
Categories: Crimes, criminal sexual conduct
Description: Crimes; criminal sexual conduct; age of consent for certain criminal sexual conduct violations; increase to age 18. Amends secs. 520d & 520e of 1931 PA 328 (MCL 750.520d & 750.520e).
Action: 6/9/2009 referred to Committee on Judiciary.
This bill adds the following to 3rd and 4th Degree CSC offenses:
THE ACTOR IS 21 YEARS OF AGE OR OLDER AND THAT OTHER PERSON IS LESS THAN 18 YEARS OF AGE. THIS SUBDIVISION DOES NOT APPLY IF THE OTHER PERSON IS EMANCIPATED OR IF BOTH PERSONS ARE LAWFULLY MARRIED TO EACH OTHER AT THE TIME OF THE ALLEGED VIOLATION.
House Bill 5282 (2009) Identical to Senate Bill 770
Sponsor: Joe Haveman
Categories: Criminal procedure, sex offender registration; Communications, internet
Description: Criminal procedure; sex offender registration; use of commercial social networking websites by sex offenders; prohibit. Amends 1994 PA 295 (MCL 28.721 - 28.736) by adding sec. 37.
Actions: 8/26/2009 referred to Committee on Judiciary.
This legislation only involves those whose offense involved the use of a computer.
(A) "COMMERCIAL SOCIAL NETWORKING WEBSITE" MEANS A WEBSITE THAT IS ALL OF THE FOLLOWING:
(i) OPERATED BY A PERSON WHO DERIVES REVENUE FROM MEMBERSHIP FEES, ADVERTISING, OR OTHER SOURCES RELATED TO THE OPERATION OF THE WEBSITE.
(ii) FACILITATES THE SOCIAL INTRODUCTION BETWEEN 2 OR MORE INDIVIDUALS FOR THE PURPOSE OF FRIENDSHIP, MEETING OTHER INDIVIDUALS, OR INFORMATION EXCHANGE.
(iii) ALLOWS USERS TO CREATE POSTS, WEBPAGES, OR PERSONAL PROFILES THAT CONTAIN OR FACILITATE THE EXCHANGE OF INFORMATION, INCLUDING, BUT NOT LIMITED TO, THE USER'S NAME OR NICKNAME, PHOTOGRAPHS PLACED ON THE USER'S PERSONAL WEBPAGE, PERSONAL INFORMATION ABOUT THE USER, AND LINKS TO OTHER PERSONAL WEBPAGES ON THE INTERNET WEBSITE OF THE USER'S FRIENDS OR ASSOCIATES THAT MAY BE ACCESSED BY THE OTHER USER OR A VISITOR TO THE WEBSITE.
(iv) PROVIDES A USER OR A VISITOR TO THE INTERNET WEBSITE WITH A MECHANISM TO COMMUNICATE WITH OTHER USERS, INCLUDING, BUT NOT LIMITED TO, A MESSAGE BOARD, CHAT ROOM, ELECTRONIC MAIL, OR INSTANT MESSAGE SERVICES.
(v) PERMITS REGISTERED USERS TO CREATE AN ONLINE JOURNAL AND TO SHARE THAT JOURNAL WITH OTHER USERS, BUT NOT NECESSARILY WITH ALL USERS.
Senate Bill 770 (2009) Identical to House Bill 5282
Sponsor: Bruce Patterson
Co-sponsors: Alan Cropsey
Categories: Criminal procedure, sex offender registration; Communications, internet
Description: Criminal procedure; sex offender registration; use of commercial social networking websites by sex offenders; prohibit. Amends 1994 PA 295 (MCL 28.721 - 28.736) by adding sec. 37.
Actions: 8/26/2009 referred to Committee on Judiciary.
Senate Bill 769 (2009) Identical to House Bill 5308
Sponsor: Wayne Kuipers
Co-sponsors: Alan Cropsey
Categories: Criminal procedure, sentencing guidelines
Description: Criminal procedure; sentencing guidelines; sentencing guidelines for crimes involving child sexually abusive activity or child sexually abusive material; enhance scoring. Amends sec. 39, ch. XVII of 1927 PA 175 (MCL 777.39).
Actions: 8/26/2009 referred to Committee on Judiciary.
Would count each depiction as a separate charge thus enhancing the scoring. It is our hope that they would not consider “sexting” to fit within these guidelines but unless it is specifically excluded….
House Bill 5308 (2009) Identical to Senate Bill 769
Sponsor: Matt Lori
Co-sponsors: Lesia Liss, John Walsh, John Proos, Tonya Schuitmaker, Rick Jones, Sharon Tyler, Bob Genetski, Paul Opsommer, Wayne Schmidt, Tory Rocca, Eileen Kowall
Categories: Criminal procedure, sentencing guidelines
Description: Criminal procedure; sentencing guidelines; sentencing guidelines for crimes involving child sexually abusive activity or child sexually abusive material; enhance scoring.
Actions: 9/2/2009 referred to Committee on Judiciary.
Senate Bill 771 (2009) Identical to House Bill 5467
Sponsor: Alan Cropsey
Categories: Criminal procedure, sex offender registration
Description: Criminal procedure; sex offender registration; listed offense definition; expand. Amends sec. 2 of 1994 PA 295 (MCL 28.722).
Actions: 8/26/2009 referred to Committee on Judiciary.
Adds 750.145d(1)(a) as a registerable offense:
(1) A person shall not use the internet or a computer, computer program, computer network, or computer system to communicate with any person for the purpose of doing any of the following:
(a) Committing, attempting to commit, conspiring to commit, or soliciting another person to commit conduct proscribed under section 145a, 145c, 157c, 349, 350, 520b, 520c, 520d, 520e, or 520g, or section 5 of 1978 PA 33, MCL 722.675, in which the victim or intended victim is a minor or is believed by that person to be a minor.
House Bill 5467 (2009) – Identical to Senate Bill 771
Sponsor: Tonya Schuitmaker
Categories: Criminal procedure, sex offender registration
Description: Criminal procedure; sex offender registration; listed offense definition; expand. Amends sec. 2 of 1994 PA 295 (MCL 28.722).
Actions: 9/24/09 referred to the Committee on Judiciary.
Sponsor: Marty Knollenberg
Co-sponsors: Rick Jones, John Walsh, James Marleau, Kim Meltzer, Pete Lund, Larry DeShazor, Kevin Daley, Chuck Moss, Eileen Kowall, Paul Scott, Bob Genetski, Matt Lori, Wayne Schmidt
Categories: Criminal procedure, sex offender registration; Education, students
Description: Criminal procedure; sex offender registration; definition of student safety zone; expand to include school bus stops. Amends secs. 33 & 34 of 1994 PA 295 (MCL 28.733 & 28.734).
Actions: 10/8/2009 referred to Committee on Judiciary.
Would mean that registrants could not live, work or loiter within 1000 ft. of a school buss stop.
To the definition of “Student Safety Zone” this bill adds:
THE AREA THAT LIES 1,000 FEET OR LESS FROM A SCHOOL BUS STOP. AS USED IN THIS SUBPARAGRAPH, "SCHOOL BUS STOP" MEANS A LOCATION ROUTINELY USED BY MINORS TO BOARD OR DISEMBARK FROM A SCHOOL BUS.
It also makes a provision allowing registered parents to pick up or drop off their child(ren) at a bus stop:
(4) SUBSECTION (1)(B) DOES NOT APPLY TO AN INDIVIDUAL WHO IS PRESENT IN A STUDENT SAFETY ZONE DESCRIBED IN SECTION 33(E)(ii) IF THE INDIVIDUAL IS WITHIN THE STUDENT SAFETY ZONE SOLELY FOR THE PURPOSE OF MEETING HIS OR HER CHILD AS THE CHILD DISEMBARKS FROM THE SCHOOL BUS. HOWEVER, THIS EXCEPTION DOES NOT APPLY TO AN INDIVIDUAL WHO INITIATES OR MAINTAINS CONTACT WITH A MINOR OTHER THAN HIS OR HER CHILD WITHIN THE STUDENT SAFETY ZONE.
Sponsor: Tom Pearce
Co-sponsors: Pete Lund, Matt Lori, Paul Opsommer, Marty Knollenberg, Larry DeShazor, Sharon Tyler, Eileen Kowall, David Agema
Categories: Crimes, criminal sexual conduct; Occupations, health care professions
Description: Crimes; criminal sexual conduct; sexual penetration by medical care provider; prohibit under certain circumstances and provide penalties.
Actions: 10/15/2009 referred to Committee on Judiciary.
Defines as third degree criminal sexual conduct a mental health professional having sex with a patient or client during or for two years following treatment. Cannot use consent as a defense and prosecution could not be used as evidence that victim is mentally incompetent.
Senate Bill 0923 (2009)
Sponsor: Alan Sanborn
Co-sponsors: Bruce Patterson, Gretchen Whitmer, Patricia Birkholz
Categories: Criminal procedure, sex offender registration; Education, students; Children, protection
Description: Criminal procedure; sex offender registration; student bus stop safety zone; create.
Actions: 10/20/2009 referred to the Committee on Judiciary.
Would make it illegal for any registrant to “loiter” within 300 feet of a school bus stop. 1st offense is a 1 year misdemeanor. Two or more offenses is a 2 year felony.
SORA definition for Loiter: "Loiter" means to remain for a period of time and under circumstances that a reasonable person would determine is for the primary purpose of observing or contacting minors.
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House Bill 5699 (2009)
Sponsor: Deb Kennedy - (primary)
Co-sponsors: Lesia Liss, Dudley Spade, Jon Switalski, Mary Valentine, Harold Haugh, Vicki Barnett, George Cushingberry, Jennifer Haase, Jimmy Womack, Dian Slavens
Categories: Civil procedure, statute of limitations; Crimes, criminal sexual conduct; Children, abuse or neglect; Children, other; Torts, civil procedure; Torts, other
Description: Civil procedure; statute of limitations; civil action for damages resulting from criminal sexual conduct against a minor; extend tolling of statute of limitations. Amends secs. 5838a & 5851 of 1961 PA 236 (MCL 600.5838a & 600.5851).
Actions: 12/15/09 Referred to Committee on Judiciary
(2) SUBJECT TO SUBSECTION (10), IF A CLAIM THAT ARISES FROM SEXUAL CONDUCT WITH AN INDIVIDUAL ACCRUES WHEN THE INDIVIDUAL IS LESS THAN 18 YEARS OF AGE, THE INDIVIDUAL OR A PERSON ENTITLED TO BRING AN ACTION BASED ON THE CLAIM HAS 2 YEARS AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBSECTION OR 30 YEARS AFTER THE DISABILITY IS REMOVED, WHICHEVER IS LATER, TO BRING THE ACTION, REGARDLESS OF WHETHER THE PERIOD OF LIMITATIONS HAS RUN.
(10) SUBSECTION (2) APPLIES TO A PERSON AGAINST WHOM AN ACTION IS BROUGHT WHO IS NOT THE INDIVIDUAL WHO COMMITTED THE SEXUAL CONDUCT IF THE INDIVIDUAL WHO COMMITTED THE SEXUAL CONDUCT WAS AT THE TIME AN EMPLOYEE, VOLUNTEER, REPRESENTATIVE, OR AGENT OF THE PERSON, IF THE PERSON KNEW, HAD REASON TO KNOW, OR HAD NOTICE OF PREVIOUS SEXUAL CONDUCT BY THE INDIVIDUAL, AND IF THE PERSON FAILED TO TAKE REASONABLE STEPS TO AVOID FUTURE ACTS OF SEXUAL CONDUCT BY THE EMPLOYEE, VOLUNTEER, REPRESENTATIVE, OR AGENT. REASONABLE STEPS TO AVOID FUTURE ACTS OF SEXUAL CONDUCT INCLUDE PREVENTING OR AVOIDING PLACEMENT OF THE EMPLOYEE, VOLUNTEER, REPRESENTATIVE, OR AGENT IN A FUNCTION OR ENVIRONMENT IN WHICH CONTACT WITH CHILDREN IS AN INHERENT PART.
Senate Bill 1049 (2009)
Sponsor: Gretchen Whitmer
Categories: Corrections, parole
Description: Corrections; parole; parole supervision for certain sex offenders; allow parole period to be up to lifetime and impose certain requirements. Amends 1953 PA 232 (MCL 791.201 - 791.285) by adding sec. 36b.
Actions: 12/18/09 Referred to Committee on Judiciary
This legislation would require (individuals given prison time for 1st, 2nd, 3rd degree CSC or assault with attempt to commit CSC) a parole period from 3 years to life. They would also be required to go through a SO treatment program after release. After 3 years on parole there are previsions for petitioning to be released from Parole.
Senate Bill 1051 (2009)
Sponsor: Gretchen Whitmer
Categories: Criminal procedure, probation; Crimes, criminal sexual conduct; Criminal procedure, sex offender registration
Description: Criminal procedure; probation; prohibition against participation in certain holiday events involving children under 18 years of age; require as condition of probation for all sex offenders. Amends sec. 3, ch. XI of 1927 PA 175 (MCL 771.3).
Actions: 12/18/09 Referred to Committee on Judiciary
This bill states that: (I) A PROBATIONER DESCRIBED IN THIS SUBDIVISION SHALL NOT PARTICIPATE IN ANY WAY IN ACTIVITIES TRADITIONALLY CONDUCTED DURING HOLIDAYS WHEN INDIVIDUALS LESS THAN 18 YEARS OF AGE ARE PRESENT, INCLUDING, BUT NOT LIMITED TO, 1 WEARING A COSTUME RELATED TO THE TRADITIONS OF THE HOLIDAY OR DISPENSING CANDY. THIS SUBDIVISION APPLIES TO ANY PROBATIONER WHO WAS CONVICTED OF A LISTED OFFENSE AS THAT TERM IS DEFINED IN SECTION 2 OF THE SEX OFFENDERS REGISTRATION ACT, 1994 PA 295, MCL 28.722, AND WHO IS PLACED ON PROBATION ON OR AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBDIVISION.
There are exclusions, including a holiday gathering where immediate family is present. “Immediate Family” is defined.
Senate Bill 1052 (2009)
Sponsor: Gretchen Whitmer
Categories: Criminal procedure, probation; Crimes, sex offender registration; Crimes, criminal sexual conduct
Description: Criminal procedure; probation; notification procedure regarding residence of certain sex offenders; revise. Amends sec. 5 of 1994 PA 295 (MCL 28.725).
Actions: 12/18/09 Referred to Committee on Judiciary
This bill states that IF THE INDIVIDUAL VACATES HIS OR HER RESIDENCE WITHOUT HAVING SECURED AN ALTERNATIVE RESIDENCE, THE INDIVIDUAL SHALL REPORT TO THE LOCAL LAW ENFORCEMENT AGENCY OR THE COUNTY SHERIFF WITHIN 5 DAYS AFTER HE OR SHE VACATES HIS OR HER RESIDENCE AND SHALL CONTINUE TO REPORT EVERY 5 DAYS UNTIL HE OR SHE SECURES A RESIDENCE.
Senate Bill 1053 (2009)
Sponsor: Gretchen Whitmer
Categories: Criminal procedure, probation; Criminal procedure, sex offender registration; Crimes, criminal sexual conduct; State agencies (existing), corrections
Description: Criminal procedure; probation; 1 sex offender per address requirement; enhance enforcement of. Amends 1994 PA 295 (MCL 28.721 - 28.736) by adding sec. 5d.
Actions: 12/18/09 Referred to Committee on Judiciary
This bill states that AN INDIVIDUAL WHO IS REQUIRED TO REGISTER UNDER THIS ACT SHALL NOT RESIDE AT THE SAME ADDRESS, IN THE SAME CONDOMINIUM UNIT OR APARTMENT UNIT, OR IN THE SAME CONDOMINIUM COMPLEX OR APARTMENT COMPLEX WITH ANOTHER INDIVIDUAL WHO IS NOT HIS OR HER SPOUSE OR CHILD WHOM HE OR SHE KNOWS OR HAS REASON TO KNOW IS REQUIRED TO REGISTER UNDER THIS ACT.
This bill does not apply to those already living in a complex. It also excludes a facility operated by the Dept. of Corrections and the Dept. of Human Services.
Individuals would have to vacate property within 30 days of discovery before they would be criminally charged.
Senate Bill 1054 (2009)
Sponsor: Gretchen Whitmer
Categories: Corrections, parole; Corrections, alternatives; Crimes, criminal sexual conduct
Description: Corrections; parole; prohibition for sex offenders to participate in certain holiday events involving children under 18 years of age; require as condition of parole. Amends sec. 36 of 1953 PA 232 (MCL 791.236).
Actions: 12/18/09 Referred to Committee on Judiciary
This legislation is the same as Senate Bill 1051 except that it has to do with Parolees.
Senate Bill 1055 (2009)
Sponsor: Gretchen Whitmer
Categories: Corrections, other; Crimes, criminal sexual conduct
Description: Corrections; other; prohibition for sex offenders to participate in certain holiday events involving children under 18 years of age; require as condition of day parole from county jail. Amends sec. 1 of 1962 PA 60 (MCL 801.251).
Actions: 12/18/09 Referred to Committee on Judiciary
This legislation is the same as Senate Bills 1051 and 1055 except that it applies to individuals who have day parole from a county jail.
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