Michigan 2023-2024 Regular Session

Michigan House Bill HB5853 Compare Versions

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1-Substitute For HOUSE BILL NO. 5853 A bill to amend 1994 PA 295, entitled "Sex offenders registration act," by amending section 2 (MCL 28.722), as amended by 2024 PA 66. the people of the state of michigan enact: Sec. 2. As used in this act: (a) "Convicted" means 1 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. Convicted does not include a conviction that was subsequently set aside under 1965 PA 213, MCL 780.621 to 780.624, or otherwise expunged. (ii) Except as otherwise provided in this subparagraph, 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, before October 1, 2004. An individual who is assigned to and successfully completes a term of supervision under sections 11 to 15 of chapter II of the code of criminal procedure, 1927 PA 175, MCL 762.11 to 762.15, is not convicted for purposes of this act. This subparagraph does not apply if a petition was granted under section 8c at any time allowing the individual to discontinue registration under this act, including a reduced registration period that extends to or past July 1, 2011, regardless of the tier designation that would apply on and after that date. (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, if both of the following apply: (A) The individual was 14 years of age or older at the time of the offense. (B) The order of disposition is for the commission of an offense that would classify the individual as a tier III offender. (iv) Having an order of disposition or other adjudication in a juvenile matter in another state or country if both of the following apply: (A) The individual is 14 years of age or older at the time of the offense. (B) The order of disposition or other adjudication is for the commission of an offense that would classify the individual as a tier III offender. (b) "Custodial authority" means 1 or more of the following apply: (i) The actor was a member of the same household as the victim. (ii) The actor was related to the victim by blood or affinity to the fourth degree. (iii) The actor was in a position of authority over the victim and used this authority to coerce the victim to submit. (iv) The actor was a teacher, substitute teacher, or administrator of the public school, nonpublic school, school district, or intermediate school district in which that other person was enrolled. (v) The actor was an employee or a contractual service provider of the public school, nonpublic school, school district, or intermediate school district in which that other person was enrolled, or was a volunteer who was not a student in any public school or nonpublic school, or was an employee of this state or of a local unit of government of this state or of the United States assigned to provide any service to that public school, nonpublic school, school district, or intermediate school district, and the actor used the actor's employee, contractual, or volunteer status to gain access to, or to establish a relationship with, that other person. (vi) That other person was under the jurisdiction of the department of corrections and the actor was an employee or a contractual employee of, or a volunteer with, the department of corrections who knew that the other person was under the jurisdiction of the department of corrections and used the actor's position of authority over the victim to gain access to or to coerce or otherwise encourage the victim to engage in sexual contact. (vii) That other person was under the jurisdiction of the department of corrections and the actor was an employee or a contractual employee of, or a volunteer with, a private vendor that operated a youth correctional facility under section 20g of the corrections code of 1953, 1953 PA 232, MCL 791.220g, who knew that the other person was under the jurisdiction of the department of corrections. (viii) That other person was 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 was an employee or a contractual employee of, or a volunteer with, the county or the department of corrections who knew that the other person was under the county's jurisdiction and used the actor's position of authority over the victim to gain access to or to coerce or otherwise encourage the victim to engage in sexual contact. (ix) The actor knew or had reason to know that a court had detained the victim in a facility while the victim was awaiting a trial or hearing, or committed the victim to a facility as a result of the victim having been found responsible for committing an act that would be a crime if committed by an adult, and the actor was an employee or contractual employee of, or a volunteer with, the facility in which the victim was detained or to which the victim was committed. (c) "Department" means the department of state police. (d) "Employee" means an individual who is self-employed or works for any other entity as a full-time or part-time employee, contractual provider, or volunteer, regardless of whether the individual is financially compensated. (e) "Felony" means that term as defined in section 1 of chapter I of the code of criminal procedure, 1927 PA 174, 175, MCL 761.1. (f) "Indigent" means an individual to whom 1 or more of the following apply: (i) The individual has been found by a court to be indigent within the last 6 months. (ii) The individual qualifies for and receives assistance from the department of health and human services food assistance program. (iii) The individual demonstrates an annual income below the current federal poverty guidelines. (g) "Internet identifier" means all designations used for self-identification or routing in internet communications or posting. (h) "Institution of higher education" means 1 or more of the following: (i) A public or private community college, college, or university. (ii) A public or private trade, vocational, or occupational school. (i) "Listed offense" means a tier I, tier II, or tier III offense. (j) "Local law enforcement agency" means the police department of a municipality. (k) "Minor" means a victim of a listed offense who was less than 18 years of age at the time the offense was committed. (l) "Municipality" means a city, village, or township of this state. (m) "Registering authority" means the local law enforcement agency or sheriff's office having jurisdiction over the individual's residence, place of employment, or institution of higher learning, or the nearest department post designated to receive or enter sex offender registration information within a registration jurisdiction. (n) "Registration jurisdiction" means each of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, the United States Virgin Islands, American Samoa, and the Indian tribes within the United States that elect to function as a registration jurisdiction. (o) "Residence", as used in this act, for registration and voting purposes means that place at which a person habitually sleeps, keeps the person's personal effects, and has a regular place of lodging. If a person has more than 1 residence, or if a person has a residence separate from that of the person's spouse, that place at which the person resides the greater part of the time must be the person's official residence for the purposes of this act. If a person is homeless or otherwise lacks a fixed or temporary residence, residence means the village, city, or township where the person spends a majority of his or her the person's time. This section does not affect existing judicial interpretation of the term residence for purposes other than the purposes of this act. (p) "Student" means an individual enrolled on a full- or part-time basis in a public or private educational institution, including, but not limited to, a secondary school, trade school, professional institution, or institution of higher education. (q) "Tier I offender" means an individual convicted of a tier I offense who is not a tier II or tier III offender. (r) "Tier I offense" means 1 or more of the following: (i) A violation of 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) A violation of section 349b of the Michigan penal code, 1931 PA 328, MCL 750.349b, if the victim is a minor. (iv) A violation of former section 449a(2) of the Michigan penal code, 1931 PA 328. , MCL 750.449a. (v) A violation of section 520e or 520g(2) of the Michigan penal code, 1931 PA 328, MCL 750.520e and 750.520g, if the victim is 18 years or older. (vi) A violation of section 539j of the Michigan penal code, 1931 PA 328, MCL 750.539j, if a victim is a minor. (vii) A violation of section 160d(1) of the Michigan penal code, 1931 PA 328, MCL 750.160d. (viii) Any other violation of a law of this state or a local ordinance of a municipality, other than a tier II or tier III offense, that by its nature constitutes a sexual offense against an individual who is a minor. (ix) An offense committed by a person who was, at the time of the offense, a sexually delinquent person as defined in section 10a of the Michigan penal code, 1931 PA 328, MCL 750.10a. (x) An attempt or conspiracy to commit an offense described in subparagraphs (i) to (ix). (xi) An offense substantially similar to an offense described in subparagraphs (i) to (x) under a law of the United States that is specifically enumerated in 34 USC 20911, under a law of any state or any country, or under tribal or military law. (s) "Tier II offender" means either of the following: (i) A tier I offender who is subsequently convicted of another offense that is a tier I offense. (ii) An individual convicted of a tier II offense who is not a tier III offender. (t) "Tier II offense" means 1 or more of the following: (i) A violation of section 145a of the Michigan penal code, 1931 PA 328, MCL 750.145a. (ii) A violation of section 145b of the Michigan penal code, 1931 PA 328, MCL 750.145b. (iii) A violation of section 145c(2) or (3) of the Michigan penal code, 1931 PA 328, MCL 750.145c. (iv) A violation of section 145d(1)(a) of the Michigan penal code, 1931 PA 328, MCL 750.145d, except for a violation arising out of a violation of section 157c of the Michigan penal code, 1931 PA 328, MCL 750.157c. (v) A violation of section 158 of the Michigan penal code, 1931 PA 328, MCL 750.158, committed against a minor unless either of the following applies: (A) All of the following: (I) The victim consented to the conduct constituting the violation. (II) The victim was at least 13 years of age but less than 16 years of age at the time of the violation. (III) The individual is not more than 4 years older than the victim. (B) All of the following: (I) The victim consented to the conduct constituting the violation. (II) The victim was 16 or 17 years of age at the time of the violation. (III) The victim was not under the custodial authority of the individual at the time of the violation. (vi) A violation of section 338, 338a, or 338b of the Michigan penal code, 1931 PA 328, MCL 750.338, 750.338a, and 750.338b, committed against an individual 13 years of age or older but less than 18 years of age. This subparagraph does not apply if the court determines that either of the following applies: (A) All of the following: (I) The victim consented to the conduct constituting the violation. (II) The victim was at least 13 years of age but less than 16 years of age at the time of the violation. (III) The individual is not more than 4 years older than the victim. (B) All of the following: (I) The victim consented to the conduct constituting the violation. (II) The victim was 16 or 17 years of age at the time of the violation. (III) The victim was not under the custodial authority of the individual at the time of the violation. (vii) A violation of section 462e(a) of the Michigan penal code, 1931 PA 328, MCL 750.462e. (viii) A violation of section 448 of the Michigan penal code, 1931 PA 328, MCL 750.448, if the victim is a minor. (ix) A violation of section 455 of the Michigan penal code, 1931 PA 328, MCL 750.455. (x) A violation of section 520c, 520e, or 520g(2) of the Michigan penal code, 1931 PA 328, MCL 750.520c, 750.520e, and 750.520g, committed against an individual 13 years of age or older but less than 18 years of age. (xi) A violation of section 520c of the Michigan penal code, 1931 PA 328, MCL 750.520c, committed against an individual 18 years of age or older. (xii) An attempt or conspiracy to commit an offense described in subparagraphs (i) to (xi). (xiii) An offense substantially similar to an offense described in subparagraphs (i) to (xii) under a law of the United States that is specifically enumerated in 34 USC 20911, under a law of any state or any country, or under tribal or military law. (u) "Tier III offender" means either of the following: (i) A tier II offender subsequently convicted of a tier I or II offense. (ii) An individual convicted of a tier III offense. (v) "Tier III offense" means 1 or more of the following: (i) A violation of section 338, 338a, or 338b of the Michigan penal code, 1931 PA 328, MCL 750.338, 750.338a, and 750.338b, committed against an individual less than 13 years of age. (ii) A violation of section 349 of the Michigan penal code, 1931 PA 328, MCL 750.349, committed against a minor. (iii) A violation of section 350 of the Michigan penal code, 1931 PA 328, MCL 750.350. (iv) A violation of section 520b, 520d, or 520g(1) of the Michigan penal code, 1931 PA 328, MCL 750.520b, 750.520d, and 750.520g. This subparagraph does not apply if the court determines that the victim consented to the conduct constituting the violation, that the victim was at least 13 years of age but less than 16 years of age at the time of the offense, and that the individual is not more than 4 years older than the victim. (v) A violation of section 520c or 520g(2) of the Michigan penal code, 1931 PA 328, MCL 750.520c and 750.520g, committed against an individual less than 13 years of age. (vi) A violation of section 520e of the Michigan penal code, 1931 PA 328, MCL 750.520e, committed by an individual 17 years of age or older against an individual less than 13 years of age. (vii) A violation of section 160d(2) of the Michigan penal code, 1931 PA 328, MCL 750.160d. (viii) An attempt or conspiracy to commit an offense described in subparagraphs (i) to (vii). (ix) An offense substantially similar to an offense described in subparagraphs (i) to (viii) under a law of the United States that is specifically enumerated in 34 USC 20911, under a law of any state or any country, or under tribal or military law. (w) "Vehicle" means that term as defined in section 79 of the Michigan vehicle code, 1949 PA 300, MCL 257.79. Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law. Enacting section 2. This amendatory act does not take effect unless House Bill No. 5841 of the 102nd Legislature is enacted into law.
1+HOUSE BILL NO. 5853 A bill to amend 1994 PA 295, entitled "Sex offenders registration act," by amending section 2 (MCL 28.722), as amended by 2020 PA 295. the people of the state of michigan enact: Sec. 2. As used in this act: (a) "Convicted" means 1 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. Convicted does not include a conviction that was subsequently set aside under 1965 PA 213, MCL 780.621 to 780.624, or otherwise expunged. (ii) Except as otherwise provided in this subparagraph, 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, before October 1, 2004. An individual who is assigned to and successfully completes a term of supervision under sections 11 to 15 of chapter II of the code of criminal procedure, 1927 PA 175, MCL 762.11 to 762.15, is not convicted for purposes of this act. This subparagraph does not apply if a petition was granted under section 8c at any time allowing the individual to discontinue registration under this act, including a reduced registration period that extends to or past July 1, 2011, regardless of the tier designation that would apply on and after that date. (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, if both of the following apply: (A) The individual was 14 years of age or older at the time of the offense. (B) The order of disposition is for the commission of an offense that would classify the individual as a tier III offender. (iv) Having an order of disposition or other adjudication in a juvenile matter in another state or country if both of the following apply: (A) The individual is 14 years of age or older at the time of the offense. (B) The order of disposition or other adjudication is for the commission of an offense that would classify the individual as a tier III offender. (b) "Custodial authority" means 1 or more of the following apply: (i) The actor was a member of the same household as the victim. (ii) The actor was related to the victim by blood or affinity to the fourth degree. (iii) The actor was in a position of authority over the victim and used this authority to coerce the victim to submit. (iv) The actor was a teacher, substitute teacher, or administrator of the public school, nonpublic school, school district, or intermediate school district in which that other person was enrolled. (v) The actor was an employee or a contractual service provider of the public school, nonpublic school, school district, or intermediate school district in which that other person was enrolled, or was a volunteer who was not a student in any public school or nonpublic school, or was an employee of this state or of a local unit of government of this state or of the United States assigned to provide any service to that public school, nonpublic school, school district, or intermediate school district, and the actor used his or her the actor's employee, contractual, or volunteer status to gain access to, or to establish a relationship with, that other person. (vi) That other person was under the jurisdiction of the department of corrections and the actor was an employee or a contractual employee of, or a volunteer with, the department of corrections who knew that the other person was under the jurisdiction of the department of corrections and used his or her the person's position of authority over the victim to gain access to or to coerce or otherwise encourage the victim to engage in sexual contact. (vii) That other person was under the jurisdiction of the department of corrections and the actor was an employee or a contractual employee of, or a volunteer with, a private vendor that operated a youth correctional facility under section 20g of the corrections code of 1953, 1953 PA 232, MCL 791.220g, who knew that the other person was under the jurisdiction of the department of corrections. (viii) That other person was 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 was an employee or a contractual employee of, or a volunteer with, the county or the department of corrections who knew that the other person was under the county's jurisdiction and used his or her the person's position of authority over the victim to gain access to or to coerce or otherwise encourage the victim to engage in sexual contact. (ix) The actor knew or had reason to know that a court had detained the victim in a facility while the victim was awaiting a trial or hearing, or committed the victim to a facility as a result of the victim having been found responsible for committing an act that would be a crime if committed by an adult, and the actor was an employee or contractual employee of, or a volunteer with, the facility in which the victim was detained or to which the victim was committed. (c) "Department" means the department of state police. (d) "Employee" means an individual who is self-employed or works for any other entity as a full-time or part-time employee, contractual provider, or volunteer, regardless of whether he or she the individual is financially compensated. (e) "Felony" means that term as defined in section 1 of chapter I of the code of criminal procedure, 1927 PA 174, 175, MCL 761.1. (f) "Indigent" means an individual to whom 1 or more of the following apply: (i) He or she The individual has been found by a court to be indigent within the last 6 months. (ii) He or she The individual qualifies for and receives assistance from the department of health and human services food assistance program. (iii) He or she The individual demonstrates an annual income below the current federal poverty guidelines. (g) "Internet identifier" means all designations used for self-identification or routing in internet communications or posting. (h) "Institution of higher education" means 1 or more of the following: (i) A public or private community college, college, or university. (ii) A public or private trade, vocational, or occupational school. (i) "Listed offense" means a tier I, tier II, or tier III offense. (j) "Local law enforcement agency" means the police department of a municipality. (k) "Minor" means a victim of a listed offense who was less than 18 years of age at the time the offense was committed. (l) "Municipality" means a city, village, or township of this state. (m) "Registering authority" means the local law enforcement agency or sheriff's office having jurisdiction over the individual's residence, place of employment, or institution of higher learning, or the nearest department post designated to receive or enter sex offender registration information within a registration jurisdiction. (n) "Registration jurisdiction" means each of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, the United States Virgin Islands, American Samoa, and the Indian tribes within the United States that elect to function as a registration jurisdiction. (o) "Residence", as used in this act, for registration and voting purposes means that place at which a person habitually sleeps, keeps his or her the person's personal effects, and has a regular place of lodging. If a person has more than 1 residence, or if a person has a residence separate from that of his or her husband or wife, the person's spouse, that place at which the person resides the greater part of the time must be his or her the person's official residence for the purposes of this act. If a person is homeless or otherwise lacks a fixed or temporary residence, residence means the village, city, or township where the person spends a majority of his or her the person's time. This section shall must not be construed to affect existing judicial interpretation of the term residence for purposes other than the purposes of this act. (p) "Student" means an individual enrolled on a full- or part-time basis in a public or private educational institution, including, but not limited to, a secondary school, trade school, professional institution, or institution of higher education. (q) "Tier I offender" means an individual convicted of a tier I offense who is not a tier II or tier III offender. (r) "Tier I offense" means 1 or more of the following: (i) A violation of 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) A violation of section 349b of the Michigan penal code, 1931 PA 328, MCL 750.349b, if the victim is a minor. (iv) A violation of former section 449a(2) of the Michigan penal code, 1931 PA 328. , MCL 750.449a. (v) A violation of section 520e or 520g(2) of the Michigan penal code, 1931 PA 328, MCL 750.520e and 750.520g, if the victim is 18 years or older. (vi) A violation of section 539j of the Michigan penal code, 1931 PA 328, MCL 750.539j, if a victim is a minor. (vii) Any other violation of a law of this state or a local ordinance of a municipality, other than a tier II or tier III offense, that by its nature constitutes a sexual offense against an individual who is a minor. (viii) An offense committed by a person who was, at the time of the offense, a sexually delinquent person as defined in section 10a of the Michigan penal code, 1931 PA 328, MCL 750.10a. (ix) An attempt or conspiracy to commit an offense described in subparagraphs (i) to (viii). (x) An offense substantially similar to an offense described in subparagraphs (i) to (ix) under a law of the United States that is specifically enumerated in 42 USC 16911, 34 USC 20911, under a law of any state or any country, or under tribal or military law. (s) "Tier II offender" means either of the following: (i) A tier I offender who is subsequently convicted of another offense that is a tier I offense. (ii) An individual convicted of a tier II offense who is not a tier III offender. (t) "Tier II offense" means 1 or more of the following: (i) A violation of section 145a of the Michigan penal code, 1931 PA 328, MCL 750.145a. (ii) A violation of section 145b of the Michigan penal code, 1931 PA 328, MCL 750.145b. (iii) A violation of section 145c(2) or (3) of the Michigan penal code, 1931 PA 328, MCL 750.145c. (iv) A violation of section 145d(1)(a) of the Michigan penal code, 1931 PA 328, MCL 750.145d, except for a violation arising out of a violation of section 157c of the Michigan penal code, 1931 PA 328, MCL 750.157c. (v) A violation of section 158 of the Michigan penal code, 1931 PA 328, MCL 750.158, committed against a minor unless either of the following applies: (A) All of the following: (I) The victim consented to the conduct constituting the violation. (II) The victim was at least 13 years of age but less than 16 years of age at the time of the violation. (III) The individual is not more than 4 years older than the victim. (B) All of the following: (I) The victim consented to the conduct constituting the violation. (II) The victim was 16 or 17 years of age at the time of the violation. (III) The victim was not under the custodial authority of the individual at the time of the violation. (vi) A violation of section 338, 338a, or 338b of the Michigan penal code, 1931 PA 328, MCL 750.338, 750.338a, and 750.338b, committed against an individual 13 years of age or older but less than 18 years of age. This subparagraph does not apply if the court determines that either of the following applies: (A) All of the following: (I) The victim consented to the conduct constituting the violation. (II) The victim was at least 13 years of age but less than 16 years of age at the time of the violation. (III) The individual is not more than 4 years older than the victim. (B) All of the following: (I) The victim consented to the conduct constituting the violation. (II) The victim was 16 or 17 years of age at the time of the violation. (III) The victim was not under the custodial authority of the individual at the time of the violation. (vii) A violation of section 462e(a) of the Michigan penal code, 1931 PA 328, MCL 750.462e. (viii) A violation of section 448 of the Michigan penal code, 1931 PA 328, MCL 750.448, if the victim is a minor. (ix) A violation of section 455 of the Michigan penal code, 1931 PA 328, MCL 750.455. (x) A violation of section 520c, 520e, or 520g(2) of the Michigan penal code, 1931 PA 328, MCL 750.520c, 750.520e, and 750.520g, committed against an individual 13 years of age or older but less than 18 years of age. (xi) A violation of section 520c committed against an individual 18 years of age or older. (xii) An attempt or conspiracy to commit an offense described in subparagraphs (i) to (xi). (xiii) An offense substantially similar to an offense described in subparagraphs (i) to (xii) under a law of the United States that is specifically enumerated in 42 USC 16911, 34 USC 20911, under a law of any state or any country, or under tribal or military law. (u) "Tier III offender" means either of the following: (i) A tier II offender subsequently convicted of a tier I or II offense. (ii) An individual convicted of a tier III offense. (v) "Tier III offense" means 1 or more of the following: (i) A violation of section 338, 338a, or 338b of the Michigan penal code, 1931 PA 328, MCL 750.338, 750.338a, and 750.338b, committed against an individual less than 13 years of age. (ii) A violation of section 349 of the Michigan penal code, 1931 PA 328, MCL 750.349, committed against a minor. (iii) A violation of section 350 of the Michigan penal code, 1931 PA 328, MCL 750.350. (iv) A violation of section 520b, 520d, or 520g(1) of the Michigan penal code, 1931 PA 328, MCL 750.520b, 750.520d, and 750.520g. This subparagraph does not apply if the court determines that the victim consented to the conduct constituting the violation, that the victim was at least 13 years of age but less than 16 years of age at the time of the offense, and that the individual is not more than 4 years older than the victim. (v) A violation of section 520c or 520g(2) of the Michigan penal code, 1931 PA 328, MCL 750.520c and 750.520g, committed against an individual less than 13 years of age. (vi) A violation of section 520e of the Michigan penal code, 1931 PA 328, MCL 750.520e, committed by an individual 17 years of age or older against an individual less than 13 years of age. (vii) An attempt or conspiracy to commit an offense described in subparagraphs (i) to (vi). (viii) An offense substantially similar to an offense described in subparagraphs (i) to (vii) under a law of the United States that is specifically enumerated in 42 USC 16911, 34 USC 20911, under a law of any state or any country, or under tribal or military law. (w) "Vehicle" means that term as defined in section 79 of the Michigan vehicle code, 1949 PA 300, MCL 257.79. Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law. Enacting section 2. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 5841 (request no. 04081'23) of the 102nd Legislature is enacted into law.
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923 HOUSE BILL NO. 5853
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1127 A bill to amend 1994 PA 295, entitled
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1329 "Sex offenders registration act,"
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15-by amending section 2 (MCL 28.722), as amended by 2024 PA 66.
31+by amending section 2 (MCL 28.722), as amended by 2020 PA 295.
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1733 the people of the state of michigan enact:
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1935 Sec. 2. As used in this act:
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2137 (a) "Convicted" means 1 of the following:
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2339 (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. Convicted does not include a conviction that was subsequently set aside under 1965 PA 213, MCL 780.621 to 780.624, or otherwise expunged.
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2541 (ii) Except as otherwise provided in this subparagraph, 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, before October 1, 2004. An individual who is assigned to and successfully completes a term of supervision under sections 11 to 15 of chapter II of the code of criminal procedure, 1927 PA 175, MCL 762.11 to 762.15, is not convicted for purposes of this act. This subparagraph does not apply if a petition was granted under section 8c at any time allowing the individual to discontinue registration under this act, including a reduced registration period that extends to or past July 1, 2011, regardless of the tier designation that would apply on and after that date.
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2743 (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, if both of the following apply:
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2945 (A) The individual was 14 years of age or older at the time of the offense.
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3147 (B) The order of disposition is for the commission of an offense that would classify the individual as a tier III offender.
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3349 (iv) Having an order of disposition or other adjudication in a juvenile matter in another state or country if both of the following apply:
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3551 (A) The individual is 14 years of age or older at the time of the offense.
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3753 (B) The order of disposition or other adjudication is for the commission of an offense that would classify the individual as a tier III offender.
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3955 (b) "Custodial authority" means 1 or more of the following apply:
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4157 (i) The actor was a member of the same household as the victim.
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4359 (ii) The actor was related to the victim by blood or affinity to the fourth degree.
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4561 (iii) The actor was in a position of authority over the victim and used this authority to coerce the victim to submit.
4662
4763 (iv) The actor was a teacher, substitute teacher, or administrator of the public school, nonpublic school, school district, or intermediate school district in which that other person was enrolled.
4864
49-(v) The actor was an employee or a contractual service provider of the public school, nonpublic school, school district, or intermediate school district in which that other person was enrolled, or was a volunteer who was not a student in any public school or nonpublic school, or was an employee of this state or of a local unit of government of this state or of the United States assigned to provide any service to that public school, nonpublic school, school district, or intermediate school district, and the actor used the actor's employee, contractual, or volunteer status to gain access to, or to establish a relationship with, that other person.
65+(v) The actor was an employee or a contractual service provider of the public school, nonpublic school, school district, or intermediate school district in which that other person was enrolled, or was a volunteer who was not a student in any public school or nonpublic school, or was an employee of this state or of a local unit of government of this state or of the United States assigned to provide any service to that public school, nonpublic school, school district, or intermediate school district, and the actor used his or her the actor's employee, contractual, or volunteer status to gain access to, or to establish a relationship with, that other person.
5066
51-(vi) That other person was under the jurisdiction of the department of corrections and the actor was an employee or a contractual employee of, or a volunteer with, the department of corrections who knew that the other person was under the jurisdiction of the department of corrections and used the actor's position of authority over the victim to gain access to or to coerce or otherwise encourage the victim to engage in sexual contact.
67+(vi) That other person was under the jurisdiction of the department of corrections and the actor was an employee or a contractual employee of, or a volunteer with, the department of corrections who knew that the other person was under the jurisdiction of the department of corrections and used his or her the person's position of authority over the victim to gain access to or to coerce or otherwise encourage the victim to engage in sexual contact.
5268
5369 (vii) That other person was under the jurisdiction of the department of corrections and the actor was an employee or a contractual employee of, or a volunteer with, a private vendor that operated a youth correctional facility under section 20g of the corrections code of 1953, 1953 PA 232, MCL 791.220g, who knew that the other person was under the jurisdiction of the department of corrections.
5470
55-(viii) That other person was 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 was an employee or a contractual employee of, or a volunteer with, the county or the department of corrections who knew that the other person was under the county's jurisdiction and used the actor's position of authority over the victim to gain access to or to coerce or otherwise encourage the victim to engage in sexual contact.
71+(viii) That other person was 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 was an employee or a contractual employee of, or a volunteer with, the county or the department of corrections who knew that the other person was under the county's jurisdiction and used his or her the person's position of authority over the victim to gain access to or to coerce or otherwise encourage the victim to engage in sexual contact.
5672
5773 (ix) The actor knew or had reason to know that a court had detained the victim in a facility while the victim was awaiting a trial or hearing, or committed the victim to a facility as a result of the victim having been found responsible for committing an act that would be a crime if committed by an adult, and the actor was an employee or contractual employee of, or a volunteer with, the facility in which the victim was detained or to which the victim was committed.
5874
5975 (c) "Department" means the department of state police.
6076
61-(d) "Employee" means an individual who is self-employed or works for any other entity as a full-time or part-time employee, contractual provider, or volunteer, regardless of whether the individual is financially compensated.
77+(d) "Employee" means an individual who is self-employed or works for any other entity as a full-time or part-time employee, contractual provider, or volunteer, regardless of whether he or she the individual is financially compensated.
6278
6379 (e) "Felony" means that term as defined in section 1 of chapter I of the code of criminal procedure, 1927 PA 174, 175, MCL 761.1.
6480
6581 (f) "Indigent" means an individual to whom 1 or more of the following apply:
6682
67-(i) The individual has been found by a court to be indigent within the last 6 months.
83+(i) He or she The individual has been found by a court to be indigent within the last 6 months.
6884
69-(ii) The individual qualifies for and receives assistance from the department of health and human services food assistance program.
85+(ii) He or she The individual qualifies for and receives assistance from the department of health and human services food assistance program.
7086
71-(iii) The individual demonstrates an annual income below the current federal poverty guidelines.
87+(iii) He or she The individual demonstrates an annual income below the current federal poverty guidelines.
7288
7389 (g) "Internet identifier" means all designations used for self-identification or routing in internet communications or posting.
7490
7591 (h) "Institution of higher education" means 1 or more of the following:
7692
7793 (i) A public or private community college, college, or university.
7894
7995 (ii) A public or private trade, vocational, or occupational school.
8096
8197 (i) "Listed offense" means a tier I, tier II, or tier III offense.
8298
8399 (j) "Local law enforcement agency" means the police department of a municipality.
84100
85101 (k) "Minor" means a victim of a listed offense who was less than 18 years of age at the time the offense was committed.
86102
87103 (l) "Municipality" means a city, village, or township of this state.
88104
89105 (m) "Registering authority" means the local law enforcement agency or sheriff's office having jurisdiction over the individual's residence, place of employment, or institution of higher learning, or the nearest department post designated to receive or enter sex offender registration information within a registration jurisdiction.
90106
91107 (n) "Registration jurisdiction" means each of the 50 states, the District of Columbia, the Commonwealth of Puerto Rico, Guam, the Northern Mariana Islands, the United States Virgin Islands, American Samoa, and the Indian tribes within the United States that elect to function as a registration jurisdiction.
92108
93-(o) "Residence", as used in this act, for registration and voting purposes means that place at which a person habitually sleeps, keeps the person's personal effects, and has a regular place of lodging. If a person has more than 1 residence, or if a person has a residence separate from that of the person's spouse, that place at which the person resides the greater part of the time must be the person's official residence for the purposes of this act. If a person is homeless or otherwise lacks a fixed or temporary residence, residence means the village, city, or township where the person spends a majority of his or her the person's time. This section does not affect existing judicial interpretation of the term residence for purposes other than the purposes of this act.
109+(o) "Residence", as used in this act, for registration and voting purposes means that place at which a person habitually sleeps, keeps his or her the person's personal effects, and has a regular place of lodging. If a person has more than 1 residence, or if a person has a residence separate from that of his or her husband or wife, the person's spouse, that place at which the person resides the greater part of the time must be his or her the person's official residence for the purposes of this act. If a person is homeless or otherwise lacks a fixed or temporary residence, residence means the village, city, or township where the person spends a majority of his or her the person's time. This section shall must not be construed to affect existing judicial interpretation of the term residence for purposes other than the purposes of this act.
94110
95111 (p) "Student" means an individual enrolled on a full- or part-time basis in a public or private educational institution, including, but not limited to, a secondary school, trade school, professional institution, or institution of higher education.
96112
97113 (q) "Tier I offender" means an individual convicted of a tier I offense who is not a tier II or tier III offender.
98114
99115 (r) "Tier I offense" means 1 or more of the following:
100116
101117 (i) A violation of section 145c(4) of the Michigan penal code, 1931 PA 328, MCL 750.145c.
102118
103119 (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.
104120
105121 (iii) A violation of section 349b of the Michigan penal code, 1931 PA 328, MCL 750.349b, if the victim is a minor.
106122
107123 (iv) A violation of former section 449a(2) of the Michigan penal code, 1931 PA 328. , MCL 750.449a.
108124
109125 (v) A violation of section 520e or 520g(2) of the Michigan penal code, 1931 PA 328, MCL 750.520e and 750.520g, if the victim is 18 years or older.
110126
111127 (vi) A violation of section 539j of the Michigan penal code, 1931 PA 328, MCL 750.539j, if a victim is a minor.
112128
113-(vii) A violation of section 160d(1) of the Michigan penal code, 1931 PA 328, MCL 750.160d.
129+(vii) Any other violation of a law of this state or a local ordinance of a municipality, other than a tier II or tier III offense, that by its nature constitutes a sexual offense against an individual who is a minor.
114130
115-(viii) Any other violation of a law of this state or a local ordinance of a municipality, other than a tier II or tier III offense, that by its nature constitutes a sexual offense against an individual who is a minor.
131+(viii) An offense committed by a person who was, at the time of the offense, a sexually delinquent person as defined in section 10a of the Michigan penal code, 1931 PA 328, MCL 750.10a.
116132
117-(ix) An offense committed by a person who was, at the time of the offense, a sexually delinquent person as defined in section 10a of the Michigan penal code, 1931 PA 328, MCL 750.10a.
133+(ix) An attempt or conspiracy to commit an offense described in subparagraphs (i) to (viii).
118134
119-(x) An attempt or conspiracy to commit an offense described in subparagraphs (i) to (ix).
120-
121-(xi) An offense substantially similar to an offense described in subparagraphs (i) to (x) under a law of the United States that is specifically enumerated in 34 USC 20911, under a law of any state or any country, or under tribal or military law.
135+(x) An offense substantially similar to an offense described in subparagraphs (i) to (ix) under a law of the United States that is specifically enumerated in 42 USC 16911, 34 USC 20911, under a law of any state or any country, or under tribal or military law.
122136
123137 (s) "Tier II offender" means either of the following:
124138
125139 (i) A tier I offender who is subsequently convicted of another offense that is a tier I offense.
126140
127141 (ii) An individual convicted of a tier II offense who is not a tier III offender.
128142
129143 (t) "Tier II offense" means 1 or more of the following:
130144
131145 (i) A violation of section 145a of the Michigan penal code, 1931 PA 328, MCL 750.145a.
132146
133147 (ii) A violation of section 145b of the Michigan penal code, 1931 PA 328, MCL 750.145b.
134148
135149 (iii) A violation of section 145c(2) or (3) of the Michigan penal code, 1931 PA 328, MCL 750.145c.
136150
137151 (iv) A violation of section 145d(1)(a) of the Michigan penal code, 1931 PA 328, MCL 750.145d, except for a violation arising out of a violation of section 157c of the Michigan penal code, 1931 PA 328, MCL 750.157c.
138152
139153 (v) A violation of section 158 of the Michigan penal code, 1931 PA 328, MCL 750.158, committed against a minor unless either of the following applies:
140154
141155 (A) All of the following:
142156
143157 (I) The victim consented to the conduct constituting the violation.
144158
145159 (II) The victim was at least 13 years of age but less than 16 years of age at the time of the violation.
146160
147161 (III) The individual is not more than 4 years older than the victim.
148162
149163 (B) All of the following:
150164
151165 (I) The victim consented to the conduct constituting the violation.
152166
153167 (II) The victim was 16 or 17 years of age at the time of the violation.
154168
155169 (III) The victim was not under the custodial authority of the individual at the time of the violation.
156170
157171 (vi) A violation of section 338, 338a, or 338b of the Michigan penal code, 1931 PA 328, MCL 750.338, 750.338a, and 750.338b, committed against an individual 13 years of age or older but less than 18 years of age. This subparagraph does not apply if the court determines that either of the following applies:
158172
159173 (A) All of the following:
160174
161175 (I) The victim consented to the conduct constituting the violation.
162176
163177 (II) The victim was at least 13 years of age but less than 16 years of age at the time of the violation.
164178
165179 (III) The individual is not more than 4 years older than the victim.
166180
167181 (B) All of the following:
168182
169183 (I) The victim consented to the conduct constituting the violation.
170184
171185 (II) The victim was 16 or 17 years of age at the time of the violation.
172186
173187 (III) The victim was not under the custodial authority of the individual at the time of the violation.
174188
175189 (vii) A violation of section 462e(a) of the Michigan penal code, 1931 PA 328, MCL 750.462e.
176190
177191 (viii) A violation of section 448 of the Michigan penal code, 1931 PA 328, MCL 750.448, if the victim is a minor.
178192
179193 (ix) A violation of section 455 of the Michigan penal code, 1931 PA 328, MCL 750.455.
180194
181195 (x) A violation of section 520c, 520e, or 520g(2) of the Michigan penal code, 1931 PA 328, MCL 750.520c, 750.520e, and 750.520g, committed against an individual 13 years of age or older but less than 18 years of age.
182196
183-(xi) A violation of section 520c of the Michigan penal code, 1931 PA 328, MCL 750.520c, committed against an individual 18 years of age or older.
197+(xi) A violation of section 520c committed against an individual 18 years of age or older.
184198
185199 (xii) An attempt or conspiracy to commit an offense described in subparagraphs (i) to (xi).
186200
187-(xiii) An offense substantially similar to an offense described in subparagraphs (i) to (xii) under a law of the United States that is specifically enumerated in 34 USC 20911, under a law of any state or any country, or under tribal or military law.
201+(xiii) An offense substantially similar to an offense described in subparagraphs (i) to (xii) under a law of the United States that is specifically enumerated in 42 USC 16911, 34 USC 20911, under a law of any state or any country, or under tribal or military law.
188202
189203 (u) "Tier III offender" means either of the following:
190204
191205 (i) A tier II offender subsequently convicted of a tier I or II offense.
192206
193207 (ii) An individual convicted of a tier III offense.
194208
195209 (v) "Tier III offense" means 1 or more of the following:
196210
197211 (i) A violation of section 338, 338a, or 338b of the Michigan penal code, 1931 PA 328, MCL 750.338, 750.338a, and 750.338b, committed against an individual less than 13 years of age.
198212
199213 (ii) A violation of section 349 of the Michigan penal code, 1931 PA 328, MCL 750.349, committed against a minor.
200214
201215 (iii) A violation of section 350 of the Michigan penal code, 1931 PA 328, MCL 750.350.
202216
203217 (iv) A violation of section 520b, 520d, or 520g(1) of the Michigan penal code, 1931 PA 328, MCL 750.520b, 750.520d, and 750.520g. This subparagraph does not apply if the court determines that the victim consented to the conduct constituting the violation, that the victim was at least 13 years of age but less than 16 years of age at the time of the offense, and that the individual is not more than 4 years older than the victim.
204218
205219 (v) A violation of section 520c or 520g(2) of the Michigan penal code, 1931 PA 328, MCL 750.520c and 750.520g, committed against an individual less than 13 years of age.
206220
207221 (vi) A violation of section 520e of the Michigan penal code, 1931 PA 328, MCL 750.520e, committed by an individual 17 years of age or older against an individual less than 13 years of age.
208222
209-(vii) A violation of section 160d(2) of the Michigan penal code, 1931 PA 328, MCL 750.160d.
223+(vii) An attempt or conspiracy to commit an offense described in subparagraphs (i) to (vi).
210224
211-(viii) An attempt or conspiracy to commit an offense described in subparagraphs (i) to (vii).
212-
213-(ix) An offense substantially similar to an offense described in subparagraphs (i) to (viii) under a law of the United States that is specifically enumerated in 34 USC 20911, under a law of any state or any country, or under tribal or military law.
225+(viii) An offense substantially similar to an offense described in subparagraphs (i) to (vii) under a law of the United States that is specifically enumerated in 42 USC 16911, 34 USC 20911, under a law of any state or any country, or under tribal or military law.
214226
215227 (w) "Vehicle" means that term as defined in section 79 of the Michigan vehicle code, 1949 PA 300, MCL 257.79.
216228
217229 Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
218230
219-Enacting section 2. This amendatory act does not take effect unless House Bill No. 5841 of the 102nd Legislature is enacted into law.
231+Enacting section 2. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 5841 (request no. 04081'23) of the 102nd Legislature is enacted into law.