Michigan House Bill HB5869

Michigan 2023-2024 Regular Session

• Introduced: 6/27/24
• Refer: 6/27/24

Caption

Criminal procedure: sex offender registration; sex offender registration act; modify. Amends secs. 2, 5, 8c & 10 of 1994 PA 295 (MCL 28.722 et seq.).

Impact

If enacted, this bill will significantly alter the sexual offender registry parameters in Michigan. The amendments proposed to sections concerning the definition of 'convicted' will affect how individuals are classified under the law, possibly leading to increased expungement opportunities for certain individuals. A notable aspect of the bill is the provision that would allow individuals classified as tier I or tier III offenders to petition courts to discontinue their registration under specific circumstances, thus offering a system of review and potential relief for those who meet certain criteria.

Summary

House Bill No. 5869 seeks to amend the Sex Offender Registration Act (1994 PA 295) in Michigan by introducing modifications to several key sections regarding the definition of a 'convicted' individual, custodial authority, and the process for petitioning for removal from the sex offender registry. The proposed changes clarify the classifications of offenses as tier I, II, or III, establishing different registration requirements based on the severity of the offense. This aims to provide a clearer structure for both offenders and law enforcement regarding registration and reporting responsibilities.

Contention

However, the bill has faced scrutiny and contention. Advocates for sexual abuse survivors express concerns that reforming registration laws might undermine public safety and the intended consequences of the current registry system designed to protect vulnerable populations. Critics argue that individuals found guilty of serious sexual offenses should remain on the registry indefinitely to ensure community awareness and safety. Thus, the balancing act between rehabilitation efforts for offenders and public safety continues to be a contentious issue within legislative discussions surrounding this bill.