| 1 | 1 | | HOUSE BILL NO. 5869 A bill to amend 1994 PA 295, entitled "Sex offenders registration act," by amending sections 2, 5, 8c, and 10 (MCL 28.722, 28.725, 28.728c, and 28.730), sections 2 and 5 as amended by 2020 PA 295 and sections 8c and 10 as amended by 2011 PA 18. 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, MCL 761.1. (f) "Indigent" means an individual to whom 1 or more of the following circumstances 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, education, 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 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 Except as otherwise provided in this subparagraph, an individual convicted of a tier III offense. Tier III offender does not include an individual to whom subdivision (a)(iii) or (iv) applies if the individual was convicted of 1 or more of the following: (A) A violation of section 338, 338a, or 338b of the Michigan penal code, 1931 PA 328, MCL 750.338, 750.338a, and 750.338b. (B) A violation of section 349 of the Michigan penal code, 1931 PA 328, MCL 750.349. (C) A violation of section 350 of the Michigan penal code, 1931 PA 328, MCL 750.350. (D) A violation of section 520b(1)(a) or (b)(i) or (ii) of the Michigan penal code, 1931 PA 328, MCL 750.520b. (E) A violation of section 520c of the Michigan penal code, 1931 PA 328, MCL 750.520c. (F) A violation of section 520d(1)(a) or (d) of the Michigan penal code, 1931 PA 328, MCL 750.520d. (G) A violation of section 520g(2) of the Michigan penal code, 1931 PA 328, MCL 750.520g. (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. Sec. 5. (1) An individual required to be registered under this act who is a resident of this state shall report in person, or in another manner as prescribed by the department, and notify the registering authority having jurisdiction where his or her the individual's residence or domicile is located not more than 3 business days after any of the following occur: (a) The individual changes or vacates his or her the individual's residence or domicile. (b) The individual changes his or her the individual's place of employment, or employment is discontinued. (c) The individual enrolls as a student with an institution of higher education, or enrollment is discontinued. (d) The individual changes his or her the individual's name. (e) Any change required to be reported under section 4a. (2) An individual required to be registered under this act who is a resident of this state shall report in the manner prescribed by the department to the registering authority having jurisdiction where his or her the individual's residence or domicile is located not more than 3 business days after any of the following occur: (a) Except as otherwise provided in this subdivision, any change in vehicle information, electronic mail email addresses, internet identifiers, or telephone numbers registered to or used by the individual. The requirement to report any change in electronic mail email addresses and internet identifiers applies only to an individual required to be registered under this act after July 1, 2011. (b) The individual intends to temporarily reside at any place other than his or her the individual's residence for more than 7 days. (3) An individual required to be registered under this act, who is not a resident of this state but has his or her the individual's place of employment in this state shall report in person and notify the registering authority having jurisdiction where his or her the individual's place of employment is located or the department post of the individual's place of employment not more than 3 business days after the individual changes his or her the individual's place of employment or employment is discontinued. (4) If an individual who is incarcerated in a state correctional facility and is required to be registered under this act is granted parole or is due to be released upon completion of his or her the individual's maximum sentence, the department of corrections, before releasing the individual, shall provide notice of the location of the individual's proposed place of residence or domicile to the department. of state police. (5) If an individual who is incarcerated in a county jail and is required to be registered under this act is due to be released from custody, the sheriff's department, before releasing the individual, shall provide notice of the location of the individual's proposed place of residence or domicile to the department. of state police. (6) Not more than 7 days after either of the following occurs, the department of corrections shall notify the local law enforcement agency or sheriff's department having jurisdiction over the area to which the individual is transferred or the department post of the transferred residence or domicile of an individual required to be registered under this act: (a) The individual is transferred to a community residential program. (b) The individual is transferred into a level 1 correctional facility of any kind, including a correctional camp or work camp. (7) An individual required to be registered under this act who is a resident of this state shall report in person and notify the registering authority having jurisdiction where his or her the individual's residence or domicile is located not more than 3 business days before he or she the individual changes his or her the individual's domicile or residence to another state. The individual shall indicate the new state and, if known, the new address. The department shall update the registration and compilation databases and promptly notify the appropriate law enforcement agency and any applicable sex or child offender registration authority in the new state. (8) An individual required to be registered under this act, who is a resident of this state, shall report in person and notify the registering authority having jurisdiction where his or her the individual's residence or domicile is located not later than 21 days before he or she the individual changes his or her the individual's domicile or residence to another country or travels to another country for more than 7 days. The individual shall state the new country of residence or country of travel and the address of his or her the individual's new domicile or residence or place of stay, if known. The department shall update the registration and compilation databases and promptly notify the appropriate law enforcement agency and any applicable sex or child offender registration authority. (9) If the probation or parole of an individual required to be registered under this act is transferred to another state or an individual required to be registered under this act is transferred from a state correctional facility to any correctional facility or probation or parole in another state, the department of corrections shall promptly notify the department and the appropriate law enforcement agency and any applicable sex or child offender registration authority in the new state. The department shall update the registration and compilation databases. (10) An individual registered under this act shall comply with the verification procedures and proof of residence procedures prescribed in sections 4a and 5a. (11) Except as otherwise provided in this section and section 8c, a tier I offender shall comply with this section for 15 years. (12) Except as otherwise provided in this section and section 8c, a tier II offender shall comply with this section for 25 years. (13) Except as otherwise provided in this section and section 8c, a tier III offender shall comply with this section for life. (14) The registration periods under this section exclude any period of incarceration for committing a crime and any period of civil commitment. (15) For an individual who was previously convicted of a listed offense for which he or she the individual was not required to register under this act but who is convicted of any felony on or after July 1, 2011, any period of time that he or she the individual was not incarcerated for that listed offense or that other felony and was not civilly committed counts toward satisfying the registration period for that listed offense as described in this section. If those periods equal or exceed the registration period described in this section, the individual has satisfied his or her the individual's registration period for the listed offense and is not required to register under this act. If those periods are less than the registration period described in this section for that listed offense, the individual shall comply with this section for the period of time remaining. (16) If an individual required to be registered under this act presents an order to the department or the appropriate registering authority that the conviction or adjudication for which the individual is required to be registered under this act has been set aside under 1965 PA 213, MCL 780.621 to 780.624, or has been otherwise expunged, his or her the individual's registration under this act must be discontinued. If this subsection applies, the department shall remove the individual from both the law enforcement database and the public internet website maintained under section 8. (17) Except as otherwise provided in section 8c, an individual registered solely because the individual had 1 or more dispositions for a listed offense entered under section 18 of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.18, in a case that was not designated as a case in which the individual was to be 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, or because the individual was the subject of an order of disposition or other adjudication in a juvenile matter in another state or country or a combination of 1 or more juvenile dispositions for a listed offense under the laws of this state and 1 or more dispositions or adjudications in a juvenile matter in another state or country, shall comply with this section until the individual attains the age of 25. (18) An individual whose registration under this act is discontinued because of 1 of the following cannot be required to register under this act in the future for the same offense, regardless of any changes to this act or any other law of this state: (a) A determination made by the department that is based on this act at the time of the determination. (b) A court order. (19) Subsection (18) does not prevent an individual whose registration was discontinued for a particular listed offense from being required to register under this act if the individual subsequently commits a new listed offense. Sec. 8c. (1) An individual classified as a tier I offender who meets the requirements of subsection (12) (11) may petition the court under that subsection for an order allowing him or her the individual to discontinue registration under this act. (2) An individual classified as a tier III offender who meets the requirements of subsection (13) may petition the court under that subsection for an order allowing him or her to discontinue registration under this act. (2) (3) An individual classified as a tier I, tier II, or tier III offender who meets the requirements of subsection (14) or (15) (12), (13), or (14) may petition the court under that subsection for an order allowing him or her the individual to discontinue registration under this act. (3) (4) This section is the sole means by which an individual may obtain judicial review of his or her the individual's registration requirements under this act. This subsection does not prohibit an appeal of the conviction or sentence as otherwise provided by law or court rule. A petition filed under this section shall must be filed in the court in which the individual was convicted of committing the listed offense. However, if the conviction occurred in another state or country and the individual is a resident of this state, the individual may file a petition in the circuit court in the county of his or her the individual's residence for an order allowing him or her the individual to discontinue registration under this act only. A petition shall not be filed under this section if a previous petition was filed under this section and was denied by the court after a hearing. (4) (5) A petition filed under this section shall must be made under oath and shall must contain all of the following: (a) The name and address of the petitioner. (b) A statement identifying the offense for which discontinuation from registration is being requested. (c) A statement of whether the individual was previously convicted of a listed offense for which registration is required under this act. (5) (6) An individual who knowingly makes a false statement in a petition filed under this section is guilty of perjury as proscribed under section 423 of the Michigan penal code, 1931 PA 328, MCL 750.423. (6) (7) A copy of the petition shall must be filed with the office of the prosecuting attorney that prosecuted the case against the individual or, for a conviction that occurred in another state or country, the prosecuting attorney for the county of his or her the individual's residence, at least not less than 30 days before a hearing is held on the petition. The prosecuting attorney may appear and participate in all proceedings regarding the petition and may seek appellate review of any decision on the petition. (7) (8) If the name of the victim of the offense is known by the prosecuting attorney, the prosecuting attorney shall provide the victim with written notice that a petition has been filed and shall provide the victim with a copy of the petition. The notice shall must be sent by first-class mail to the victim's last known address. The petition shall must include a statement of the victim's rights under subsection (10).(9). (8) (9) If an individual properly files a petition with the court under this section, the court shall conduct a hearing on the petition as provided in this section. (9) (10) The victim has the right to attend all proceedings under this section and to make a written or oral statement to the court before any decision regarding the petition is made. A victim shall must not be required to appear at any proceeding under this section against his or her the victim's will. (10) (11) The court shall consider all of the following in determining whether to allow the individual to discontinue registration under subsection (12) or (13) (11) but shall not grant the petition if the court determines that the individual is a continuing threat to the public: (a) The individual's age and level of maturity at the time of the offense. (b) The victim's age and level of maturity at the time of the offense. (c) The nature of the offense. (d) The severity of the offense. (e) The individual's prior juvenile or criminal history. (f) The individual's likelihood to commit further listed offenses. (g) Any impact statement submitted by the victim under the William Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.751 to 780.834, or under this section. (h) Any other information considered relevant by the court. (11) (12) The court may grant a petition properly filed by an individual under subsection (1) if all of the following apply: (a) Ten or more years have elapsed since the date of his or her the individual's conviction for the listed offense or from his or her the individual's release from any period of confinement for that offense, whichever occurred last. (b) The petitioner has not been convicted of any felony since the date described in subdivision (a). (c) The petitioner has not been convicted of any listed offense since the date described in subdivision (a). (d) The petitioner successfully completed his or her the individual's assigned periods of supervised release, probation, or parole without revocation at any time of that supervised release, probation, or parole. (e) The petitioner successfully completed a sex offender treatment program certified by the United States attorney general Attorney General under 42 USC 16915(b)(1), 34 USC 20915(b)(1), or another appropriate sex offender treatment program. The court may waive the requirements of this subdivision if successfully completing a sex offender treatment program was not a condition of the petitioner's confinement, release, probation, or parole. (f) The petitioner has not previously filed a petition under this section that was denied by the court after a hearing. (12) (13) The court may grant a petition properly filed by an individual under subsection (2) if all of the following apply: (a) The petitioner is required to register based on 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.judgment of sentence, or order of probation entered because of 1 or more of the following: (i) The petitioner was 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. (ii) The petitioner committed the listed offense when the petitioner was 17 years of age and was tried in the same manner as an adult before October 1, 2021. (b) Twenty-five or more years have elapsed since the date of his or her adjudication for the listed offense or from his or her release from any period of confinement for that offense, whichever occurred last. (b) (c) The petitioner has not been convicted of any felony since the date described in subdivision (b).of the petitioner's order of disposition, judgment of sentence, or order of probation for a listed offense or from the petitioner's release from any period of confinement for that offense, whichever occurred last. (c) (d) The petitioner has not been convicted of any listed offense since the date described in subdivision (b).of the petitioner's order of disposition, judgment of sentence, or order of probation for a listed offense or from the petitioner's release from any period of confinement for that offense, whichever occurred last. (d) (e) The petitioner successfully completed his or her the petitioner's assigned periods of supervised release, probation, or parole without revocation at any time of that supervised release, probation, or parole. (e) (f) The court determines that the petitioner successfully completed a sex offender treatment program certified by the United States attorney general Attorney General under 42 USC 16915(b)(1), 34 USC 20915(b)(1) or another appropriate sex offender treatment program. The court may waive the requirements of this subdivision if successfully completing a sex offender treatment program was not a condition of the petitioner's confinement, release, probation, or parole. (13) (14) The court shall grant a petition properly filed by an individual under subsection (3) (2) if the court determines that the conviction for the listed offense was the result of a consensual sexual act between the petitioner and the victim and any of the following apply: (a) All of the following: (i) The victim was 13 years of age or older but less than 16 years of age at the time of the offense. (ii) The petitioner is not more than 4 years older than the victim. (b) All of the following: (i) The individual was convicted of a violation of section 158, 338, 338a, or 338b of the Michigan penal code, 1931 PA 328, MCL 750.158, 750.338, 750.338a, and 750.338b. (ii) The victim was 13 years of age or older 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. (c) All of the following: (i) The individual was convicted of a violation of section 158, 338, 338a, 338b, or 520c(1)(i) of the Michigan penal code, 1931 PA 328, MCL 750.158, 750.338, 750.338a, 750.338b, and 750.520c. (ii) The victim was 16 years of age or older at the time of the violation. (iii) The victim was not under the custodial authority of the individual at the time of the violation. (14) (15) The court shall grant a petition properly filed by an individual under subsection (3) (2) if either any of the following applies:apply: (a) Both of the following: (i) The petitioner was adjudicated as a juvenile. (ii) The petitioner was less than 14 years of age at the time of the offense. (b) The individual was is erroneously registered under this act before July 1, 2011 for an offense that previously required registration but for which registration is not no longer required. on or after July 1, 2011. (c) Both of the following: (i) The individual is registered solely because the individual had 1 or more dispositions for a listed offense entered under section 18 of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.18, in a case that was not designated as a case in which the individual was to be 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, or because the individual was the subject of 1 or more dispositions or adjudications in a juvenile matter in another state or country. (ii) The court determines that the petitioner successfully completed a sex offender treatment program certified by the United States Attorney General under 34 USC 20915(b)(1), or another appropriate sex offender treatment program. Sec. 10. (1) Except as provided in this act and subject to this subsection, a registration or report is confidential and information from that registration or report shall must not be open to inspection except for law enforcement purposes. The registration or report and all included materials and information are exempt from disclosure under section 13 of the freedom of information act, 1976 PA 442, MCL 15.243. The exemption from disclosure under section 13 of the freedom of information act, 1976 PA 442, MCL 15.243, under this subsection does not apply to statistical data determined from registration or report data or any included materials and information, so long as that data does not disclose the identity of a registrant. (2) A department post, local law enforcement agency, or sheriff's department shall make information from the public internet website described in section 8(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. (3) The department may make information from the public internet website described in section 8(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 8(2) initially registers under this act, or changes his or her the individual's registration under this act, to a location that is in a designated area or geographic radius designated by the subscribing member of the public. (4) Except as provided in this act, an individual other than the registrant who knows of a registration or report under this act and who divulges, uses, or publishes nonpublic information concerning the registration or report 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. (5) An individual whose registration or report is revealed in violation of this act has a civil cause of action against the responsible party for treble damages. (6) Subsections (4) and (5) do not apply to the public internet website described in section 8(2) or information from that public internet website that is provided or made available under section 8(2) or under subsection (2) or (3). |
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| 24 | 24 | | |
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| 25 | 25 | | HOUSE BILL NO. 5869 |
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| 26 | 26 | | |
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| 27 | 27 | | |
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| 28 | 28 | | |
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| 29 | 29 | | A bill to amend 1994 PA 295, entitled |
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| 30 | 30 | | |
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| 31 | 31 | | "Sex offenders registration act," |
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| 32 | 32 | | |
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| 33 | 33 | | by amending sections 2, 5, 8c, and 10 (MCL 28.722, 28.725, 28.728c, and 28.730), sections 2 and 5 as amended by 2020 PA 295 and sections 8c and 10 as amended by 2011 PA 18. |
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| 34 | 34 | | |
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| 35 | 35 | | the people of the state of michigan enact: |
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| 36 | 36 | | |
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| 37 | 37 | | Sec. 2. As used in this act: |
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| 38 | 38 | | |
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| 39 | 39 | | (a) "Convicted" means 1 of the following: |
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| 40 | 40 | | |
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| 41 | 41 | | (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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| 42 | 42 | | |
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| 43 | 43 | | (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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| 44 | 44 | | |
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| 45 | 45 | | (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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| 46 | 46 | | |
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| 47 | 47 | | (A) The individual was 14 years of age or older at the time of the offense. |
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| 48 | 48 | | |
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| 49 | 49 | | (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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| 50 | 50 | | |
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| 51 | 51 | | (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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| 52 | 52 | | |
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| 53 | 53 | | (A) The individual is 14 years of age or older at the time of the offense. |
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| 54 | 54 | | |
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| 55 | 55 | | (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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| 56 | 56 | | |
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| 57 | 57 | | (b) "Custodial authority" means 1 or more of the following apply: |
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| 58 | 58 | | |
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| 59 | 59 | | (i) The actor was a member of the same household as the victim. |
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| 60 | 60 | | |
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| 61 | 61 | | (ii) The actor was related to the victim by blood or affinity to the fourth degree. |
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| 62 | 62 | | |
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| 63 | 63 | | (iii) The actor was in a position of authority over the victim and used this authority to coerce the victim to submit. |
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| 64 | 64 | | |
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| 65 | 65 | | (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. |
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| 66 | 66 | | |
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| 67 | 67 | | (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. |
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| 68 | 68 | | |
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| 69 | 69 | | (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. |
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| 70 | 70 | | |
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| 71 | 71 | | (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. |
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| 72 | 72 | | |
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| 73 | 73 | | (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. |
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| 74 | 74 | | |
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| 75 | 75 | | (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. |
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| 76 | 76 | | |
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| 77 | 77 | | (c) "Department" means the department of state police. |
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| 78 | 78 | | |
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| 79 | 79 | | (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. |
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| 80 | 80 | | |
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| 81 | 81 | | (e) "Felony" means that term as defined in section 1 of chapter I of the code of criminal procedure, 1927 PA 174, MCL 761.1. |
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| 82 | 82 | | |
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| 83 | 83 | | (f) "Indigent" means an individual to whom 1 or more of the following circumstances apply: |
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| 84 | 84 | | |
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| 85 | 85 | | (i) He or she The individual has been found by a court to be indigent within the last 6 months. |
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| 86 | 86 | | |
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| 87 | 87 | | (ii) He or she The individual qualifies for and receives assistance from the department of health and human services food assistance program. |
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| 88 | 88 | | |
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| 89 | 89 | | (iii) He or she The individual demonstrates an annual income below the current federal poverty guidelines. |
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| 90 | 90 | | |
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| 91 | 91 | | (g) "Internet identifier" means all designations used for self-identification or routing in internet communications or posting. |
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| 92 | 92 | | |
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| 93 | 93 | | (h) "Institution of higher education" means 1 or more of the following: |
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| 94 | 94 | | |
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| 95 | 95 | | (i) A public or private community college, college, or university. |
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| 96 | 96 | | |
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| 97 | 97 | | (ii) A public or private trade, vocational, or occupational school. |
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| 98 | 98 | | |
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| 99 | 99 | | (i) "Listed offense" means a tier I, tier II, or tier III offense. |
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| 100 | 100 | | |
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| 101 | 101 | | (j) "Local law enforcement agency" means the police department of a municipality. |
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| 102 | 102 | | |
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| 103 | 103 | | (k) "Minor" means a victim of a listed offense who was less than 18 years of age at the time the offense was committed. |
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| 104 | 104 | | |
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| 105 | 105 | | (l) "Municipality" means a city, village, or township of this state. |
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| 106 | 106 | | |
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| 107 | 107 | | (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, education, or the nearest department post designated to receive or enter sex offender registration information within a registration jurisdiction. |
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| 108 | 108 | | |
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| 109 | 109 | | (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. |
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| 110 | 110 | | |
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| 111 | 111 | | (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. |
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| 112 | 112 | | |
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| 113 | 113 | | (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. |
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| 114 | 114 | | |
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| 115 | 115 | | (q) "Tier I offender" means an individual convicted of a tier I offense who is not a tier II or tier III offender. |
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| 116 | 116 | | |
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| 117 | 117 | | (r) "Tier I offense" means 1 or more of the following: |
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| 118 | 118 | | |
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| 119 | 119 | | (i) A violation of section 145c(4) of the Michigan penal code, 1931 PA 328, MCL 750.145c. |
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| 120 | 120 | | |
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| 121 | 121 | | (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. |
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| 122 | 122 | | |
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| 123 | 123 | | (iii) A violation of section 349b of the Michigan penal code, 1931 PA 328, MCL 750.349b, if the victim is a minor. |
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| 124 | 124 | | |
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| 125 | 125 | | (iv) A violation of section 449a(2) of the Michigan penal code, 1931 PA 328, MCL 750.449a. |
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| 126 | 126 | | |
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| 127 | 127 | | (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. |
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| 128 | 128 | | |
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| 129 | 129 | | (vi) A violation of section 539j of the Michigan penal code, 1931 PA 328, MCL 750.539j, if a victim is a minor. |
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| 130 | 130 | | |
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| 131 | 131 | | (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. |
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| 132 | 132 | | |
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| 133 | 133 | | (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. |
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| 134 | 134 | | |
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| 135 | 135 | | (ix) An attempt or conspiracy to commit an offense described in subparagraphs (i) to (viii). |
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| 136 | 136 | | |
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| 137 | 137 | | (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. |
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| 138 | 138 | | |
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| 139 | 139 | | (s) "Tier II offender" means either of the following: |
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| 140 | 140 | | |
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| 141 | 141 | | (i) A tier I offender who is subsequently convicted of another offense that is a tier I offense. |
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| 142 | 142 | | |
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| 143 | 143 | | (ii) An individual convicted of a tier II offense who is not a tier III offender. |
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| 144 | 144 | | |
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| 145 | 145 | | (t) "Tier II offense" means 1 or more of the following: |
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| 146 | 146 | | |
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| 147 | 147 | | (i) A violation of section 145a of the Michigan penal code, 1931 PA 328, MCL 750.145a. |
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| 148 | 148 | | |
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| 149 | 149 | | (ii) A violation of section 145b of the Michigan penal code, 1931 PA 328, MCL 750.145b. |
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| 150 | 150 | | |
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| 151 | 151 | | (iii) A violation of section 145c(2) or (3) of the Michigan penal code, 1931 PA 328, MCL 750.145c. |
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| 152 | 152 | | |
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| 153 | 153 | | (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. |
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| 154 | 154 | | |
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| 155 | 155 | | (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: |
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| 156 | 156 | | |
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| 157 | 157 | | (A) All of the following: |
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| 158 | 158 | | |
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| 159 | 159 | | (I) The victim consented to the conduct constituting the violation. |
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| 160 | 160 | | |
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| 161 | 161 | | (II) The victim was at least 13 years of age but less than 16 years of age at the time of the violation. |
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| 162 | 162 | | |
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| 163 | 163 | | (III) The individual is not more than 4 years older than the victim. |
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| 164 | 164 | | |
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| 165 | 165 | | (B) All of the following: |
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| 166 | 166 | | |
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| 167 | 167 | | (I) The victim consented to the conduct constituting the violation. |
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| 168 | 168 | | |
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| 169 | 169 | | (II) The victim was 16 or 17 years of age at the time of the violation. |
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| 170 | 170 | | |
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| 171 | 171 | | (III) The victim was not under the custodial authority of the individual at the time of the violation. |
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| 172 | 172 | | |
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| 173 | 173 | | (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: |
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| 174 | 174 | | |
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| 175 | 175 | | (A) All of the following: |
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| 176 | 176 | | |
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| 177 | 177 | | (I) The victim consented to the conduct constituting the violation. |
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| 178 | 178 | | |
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| 179 | 179 | | (II) The victim was at least 13 years of age but less than 16 years of age at the time of the violation. |
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| 180 | 180 | | |
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| 181 | 181 | | (III) The individual is not more than 4 years older than the victim. |
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| 182 | 182 | | |
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| 183 | 183 | | (B) All of the following: |
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| 184 | 184 | | |
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| 185 | 185 | | (I) The victim consented to the conduct constituting the violation. |
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| 186 | 186 | | |
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| 187 | 187 | | (II) The victim was 16 or 17 years of age at the time of the violation. |
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| 188 | 188 | | |
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| 189 | 189 | | (III) The victim was not under the custodial authority of the individual at the time of the violation. |
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| 190 | 190 | | |
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| 191 | 191 | | (vii) A violation of section 462e(a) of the Michigan penal code, 1931 PA 328, MCL 750.462e. |
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| 192 | 192 | | |
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| 193 | 193 | | (viii) A violation of section 448 of the Michigan penal code, 1931 PA 328, MCL 750.448, if the victim is a minor. |
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| 194 | 194 | | |
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| 195 | 195 | | (ix) A violation of section 455 of the Michigan penal code, 1931 PA 328, MCL 750.455. |
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| 196 | 196 | | |
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| 197 | 197 | | (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. |
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| 198 | 198 | | |
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| 199 | 199 | | (xi) A violation of section 520c committed against an individual 18 years of age or older. |
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| 200 | 200 | | |
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| 201 | 201 | | (xii) An attempt or conspiracy to commit an offense described in subparagraphs (i) to (xi). |
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| 202 | 202 | | |
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| 203 | 203 | | (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. |
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| 204 | 204 | | |
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| 205 | 205 | | (u) "Tier III offender" means either of the following: |
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| 206 | 206 | | |
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| 207 | 207 | | (i) A tier II offender subsequently convicted of a tier I or II offense. |
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| 208 | 208 | | |
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| 209 | 209 | | (ii) An Except as otherwise provided in this subparagraph, an individual convicted of a tier III offense. Tier III offender does not include an individual to whom subdivision (a)(iii) or (iv) applies if the individual was convicted of 1 or more of the following: |
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| 210 | 210 | | |
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| 211 | 211 | | (A) A violation of section 338, 338a, or 338b of the Michigan penal code, 1931 PA 328, MCL 750.338, 750.338a, and 750.338b. |
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| 212 | 212 | | |
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| 213 | 213 | | (B) A violation of section 349 of the Michigan penal code, 1931 PA 328, MCL 750.349. |
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| 214 | 214 | | |
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| 215 | 215 | | (C) A violation of section 350 of the Michigan penal code, 1931 PA 328, MCL 750.350. |
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| 216 | 216 | | |
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| 217 | 217 | | (D) A violation of section 520b(1)(a) or (b)(i) or (ii) of the Michigan penal code, 1931 PA 328, MCL 750.520b. |
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| 218 | 218 | | |
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| 219 | 219 | | (E) A violation of section 520c of the Michigan penal code, 1931 PA 328, MCL 750.520c. |
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| 220 | 220 | | |
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| 221 | 221 | | (F) A violation of section 520d(1)(a) or (d) of the Michigan penal code, 1931 PA 328, MCL 750.520d. |
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| 222 | 222 | | |
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| 223 | 223 | | (G) A violation of section 520g(2) of the Michigan penal code, 1931 PA 328, MCL 750.520g. |
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| 224 | 224 | | |
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| 225 | 225 | | (v) "Tier III offense" means 1 or more of the following: |
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| 226 | 226 | | |
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| 227 | 227 | | (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. |
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| 228 | 228 | | |
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| 229 | 229 | | (ii) A violation of section 349 of the Michigan penal code, 1931 PA 328, MCL 750.349, committed against a minor. |
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| 230 | 230 | | |
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| 231 | 231 | | (iii) A violation of section 350 of the Michigan penal code, 1931 PA 328, MCL 750.350. |
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| 232 | 232 | | |
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| 233 | 233 | | (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. |
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| 234 | 234 | | |
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| 235 | 235 | | (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. |
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| 236 | 236 | | |
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| 237 | 237 | | (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. |
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| 238 | 238 | | |
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| 239 | 239 | | (vii) An attempt or conspiracy to commit an offense described in subparagraphs (i) to (vi). |
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| 240 | 240 | | |
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| 241 | 241 | | (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. |
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| 242 | 242 | | |
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| 243 | 243 | | (w) "Vehicle" means that term as defined in section 79 of the Michigan vehicle code, 1949 PA 300, MCL 257.79. |
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| 244 | 244 | | |
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| 245 | 245 | | Sec. 5. (1) An individual required to be registered under this act who is a resident of this state shall report in person, or in another manner as prescribed by the department, and notify the registering authority having jurisdiction where his or her the individual's residence or domicile is located not more than 3 business days after any of the following occur: |
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| 246 | 246 | | |
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| 247 | 247 | | (a) The individual changes or vacates his or her the individual's residence or domicile. |
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| 248 | 248 | | |
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| 249 | 249 | | (b) The individual changes his or her the individual's place of employment, or employment is discontinued. |
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| 250 | 250 | | |
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| 251 | 251 | | (c) The individual enrolls as a student with an institution of higher education, or enrollment is discontinued. |
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| 252 | 252 | | |
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| 253 | 253 | | (d) The individual changes his or her the individual's name. |
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| 254 | 254 | | |
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| 255 | 255 | | (e) Any change required to be reported under section 4a. |
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| 256 | 256 | | |
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| 257 | 257 | | (2) An individual required to be registered under this act who is a resident of this state shall report in the manner prescribed by the department to the registering authority having jurisdiction where his or her the individual's residence or domicile is located not more than 3 business days after any of the following occur: |
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| 258 | 258 | | |
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| 259 | 259 | | (a) Except as otherwise provided in this subdivision, any change in vehicle information, electronic mail email addresses, internet identifiers, or telephone numbers registered to or used by the individual. The requirement to report any change in electronic mail email addresses and internet identifiers applies only to an individual required to be registered under this act after July 1, 2011. |
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| 260 | 260 | | |
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| 261 | 261 | | (b) The individual intends to temporarily reside at any place other than his or her the individual's residence for more than 7 days. |
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| 262 | 262 | | |
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| 263 | 263 | | (3) An individual required to be registered under this act, who is not a resident of this state but has his or her the individual's place of employment in this state shall report in person and notify the registering authority having jurisdiction where his or her the individual's place of employment is located or the department post of the individual's place of employment not more than 3 business days after the individual changes his or her the individual's place of employment or employment is discontinued. |
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| 264 | 264 | | |
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| 265 | 265 | | (4) If an individual who is incarcerated in a state correctional facility and is required to be registered under this act is granted parole or is due to be released upon completion of his or her the individual's maximum sentence, the department of corrections, before releasing the individual, shall provide notice of the location of the individual's proposed place of residence or domicile to the department. of state police. |
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| 266 | 266 | | |
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| 267 | 267 | | (5) If an individual who is incarcerated in a county jail and is required to be registered under this act is due to be released from custody, the sheriff's department, before releasing the individual, shall provide notice of the location of the individual's proposed place of residence or domicile to the department. of state police. |
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| 268 | 268 | | |
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| 269 | 269 | | (6) Not more than 7 days after either of the following occurs, the department of corrections shall notify the local law enforcement agency or sheriff's department having jurisdiction over the area to which the individual is transferred or the department post of the transferred residence or domicile of an individual required to be registered under this act: |
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| 270 | 270 | | |
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| 271 | 271 | | (a) The individual is transferred to a community residential program. |
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| 272 | 272 | | |
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| 273 | 273 | | (b) The individual is transferred into a level 1 correctional facility of any kind, including a correctional camp or work camp. |
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| 274 | 274 | | |
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| 275 | 275 | | (7) An individual required to be registered under this act who is a resident of this state shall report in person and notify the registering authority having jurisdiction where his or her the individual's residence or domicile is located not more than 3 business days before he or she the individual changes his or her the individual's domicile or residence to another state. The individual shall indicate the new state and, if known, the new address. The department shall update the registration and compilation databases and promptly notify the appropriate law enforcement agency and any applicable sex or child offender registration authority in the new state. |
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| 276 | 276 | | |
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| 277 | 277 | | (8) An individual required to be registered under this act, who is a resident of this state, shall report in person and notify the registering authority having jurisdiction where his or her the individual's residence or domicile is located not later than 21 days before he or she the individual changes his or her the individual's domicile or residence to another country or travels to another country for more than 7 days. The individual shall state the new country of residence or country of travel and the address of his or her the individual's new domicile or residence or place of stay, if known. The department shall update the registration and compilation databases and promptly notify the appropriate law enforcement agency and any applicable sex or child offender registration authority. |
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| 278 | 278 | | |
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| 279 | 279 | | (9) If the probation or parole of an individual required to be registered under this act is transferred to another state or an individual required to be registered under this act is transferred from a state correctional facility to any correctional facility or probation or parole in another state, the department of corrections shall promptly notify the department and the appropriate law enforcement agency and any applicable sex or child offender registration authority in the new state. The department shall update the registration and compilation databases. |
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| 280 | 280 | | |
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| 281 | 281 | | (10) An individual registered under this act shall comply with the verification procedures and proof of residence procedures prescribed in sections 4a and 5a. |
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| 282 | 282 | | |
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| 283 | 283 | | (11) Except as otherwise provided in this section and section 8c, a tier I offender shall comply with this section for 15 years. |
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| 284 | 284 | | |
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| 285 | 285 | | (12) Except as otherwise provided in this section and section 8c, a tier II offender shall comply with this section for 25 years. |
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| 286 | 286 | | |
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| 287 | 287 | | (13) Except as otherwise provided in this section and section 8c, a tier III offender shall comply with this section for life. |
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| 288 | 288 | | |
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| 289 | 289 | | (14) The registration periods under this section exclude any period of incarceration for committing a crime and any period of civil commitment. |
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| 290 | 290 | | |
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| 291 | 291 | | (15) For an individual who was previously convicted of a listed offense for which he or she the individual was not required to register under this act but who is convicted of any felony on or after July 1, 2011, any period of time that he or she the individual was not incarcerated for that listed offense or that other felony and was not civilly committed counts toward satisfying the registration period for that listed offense as described in this section. If those periods equal or exceed the registration period described in this section, the individual has satisfied his or her the individual's registration period for the listed offense and is not required to register under this act. If those periods are less than the registration period described in this section for that listed offense, the individual shall comply with this section for the period of time remaining. |
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| 292 | 292 | | |
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| 293 | 293 | | (16) If an individual required to be registered under this act presents an order to the department or the appropriate registering authority that the conviction or adjudication for which the individual is required to be registered under this act has been set aside under 1965 PA 213, MCL 780.621 to 780.624, or has been otherwise expunged, his or her the individual's registration under this act must be discontinued. If this subsection applies, the department shall remove the individual from both the law enforcement database and the public internet website maintained under section 8. |
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| 294 | 294 | | |
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| 295 | 295 | | (17) Except as otherwise provided in section 8c, an individual registered solely because the individual had 1 or more dispositions for a listed offense entered under section 18 of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.18, in a case that was not designated as a case in which the individual was to be 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, or because the individual was the subject of an order of disposition or other adjudication in a juvenile matter in another state or country or a combination of 1 or more juvenile dispositions for a listed offense under the laws of this state and 1 or more dispositions or adjudications in a juvenile matter in another state or country, shall comply with this section until the individual attains the age of 25. |
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| 296 | 296 | | |
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| 297 | 297 | | (18) An individual whose registration under this act is discontinued because of 1 of the following cannot be required to register under this act in the future for the same offense, regardless of any changes to this act or any other law of this state: |
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| 298 | 298 | | |
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| 299 | 299 | | (a) A determination made by the department that is based on this act at the time of the determination. |
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| 300 | 300 | | |
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| 301 | 301 | | (b) A court order. |
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| 302 | 302 | | |
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| 303 | 303 | | (19) Subsection (18) does not prevent an individual whose registration was discontinued for a particular listed offense from being required to register under this act if the individual subsequently commits a new listed offense. |
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| 304 | 304 | | |
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| 305 | 305 | | Sec. 8c. (1) An individual classified as a tier I offender who meets the requirements of subsection (12) (11) may petition the court under that subsection for an order allowing him or her the individual to discontinue registration under this act. |
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| 306 | 306 | | |
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| 307 | 307 | | (2) An individual classified as a tier III offender who meets the requirements of subsection (13) may petition the court under that subsection for an order allowing him or her to discontinue registration under this act. |
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| 308 | 308 | | |
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| 309 | 309 | | (2) (3) An individual classified as a tier I, tier II, or tier III offender who meets the requirements of subsection (14) or (15) (12), (13), or (14) may petition the court under that subsection for an order allowing him or her the individual to discontinue registration under this act. |
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| 310 | 310 | | |
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| 311 | 311 | | (3) (4) This section is the sole means by which an individual may obtain judicial review of his or her the individual's registration requirements under this act. This subsection does not prohibit an appeal of the conviction or sentence as otherwise provided by law or court rule. A petition filed under this section shall must be filed in the court in which the individual was convicted of committing the listed offense. However, if the conviction occurred in another state or country and the individual is a resident of this state, the individual may file a petition in the circuit court in the county of his or her the individual's residence for an order allowing him or her the individual to discontinue registration under this act only. A petition shall not be filed under this section if a previous petition was filed under this section and was denied by the court after a hearing. |
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| 312 | 312 | | |
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| 313 | 313 | | (4) (5) A petition filed under this section shall must be made under oath and shall must contain all of the following: |
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| 314 | 314 | | |
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| 315 | 315 | | (a) The name and address of the petitioner. |
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| 316 | 316 | | |
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| 317 | 317 | | (b) A statement identifying the offense for which discontinuation from registration is being requested. |
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| 318 | 318 | | |
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| 319 | 319 | | (c) A statement of whether the individual was previously convicted of a listed offense for which registration is required under this act. |
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| 320 | 320 | | |
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| 321 | 321 | | (5) (6) An individual who knowingly makes a false statement in a petition filed under this section is guilty of perjury as proscribed under section 423 of the Michigan penal code, 1931 PA 328, MCL 750.423. |
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| 322 | 322 | | |
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| 323 | 323 | | (6) (7) A copy of the petition shall must be filed with the office of the prosecuting attorney that prosecuted the case against the individual or, for a conviction that occurred in another state or country, the prosecuting attorney for the county of his or her the individual's residence, at least not less than 30 days before a hearing is held on the petition. The prosecuting attorney may appear and participate in all proceedings regarding the petition and may seek appellate review of any decision on the petition. |
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| 324 | 324 | | |
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| 325 | 325 | | (7) (8) If the name of the victim of the offense is known by the prosecuting attorney, the prosecuting attorney shall provide the victim with written notice that a petition has been filed and shall provide the victim with a copy of the petition. The notice shall must be sent by first-class mail to the victim's last known address. The petition shall must include a statement of the victim's rights under subsection (10).(9). |
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| 326 | 326 | | |
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| 327 | 327 | | (8) (9) If an individual properly files a petition with the court under this section, the court shall conduct a hearing on the petition as provided in this section. |
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| 328 | 328 | | |
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| 329 | 329 | | (9) (10) The victim has the right to attend all proceedings under this section and to make a written or oral statement to the court before any decision regarding the petition is made. A victim shall must not be required to appear at any proceeding under this section against his or her the victim's will. |
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| 330 | 330 | | |
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| 331 | 331 | | (10) (11) The court shall consider all of the following in determining whether to allow the individual to discontinue registration under subsection (12) or (13) (11) but shall not grant the petition if the court determines that the individual is a continuing threat to the public: |
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| 332 | 332 | | |
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| 333 | 333 | | (a) The individual's age and level of maturity at the time of the offense. |
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| 334 | 334 | | |
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| 335 | 335 | | (b) The victim's age and level of maturity at the time of the offense. |
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| 336 | 336 | | |
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| 337 | 337 | | (c) The nature of the offense. |
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| 338 | 338 | | |
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| 339 | 339 | | (d) The severity of the offense. |
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| 340 | 340 | | |
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| 341 | 341 | | (e) The individual's prior juvenile or criminal history. |
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| 342 | 342 | | |
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| 343 | 343 | | (f) The individual's likelihood to commit further listed offenses. |
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| 344 | 344 | | |
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| 345 | 345 | | (g) Any impact statement submitted by the victim under the William Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.751 to 780.834, or under this section. |
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| 346 | 346 | | |
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| 347 | 347 | | (h) Any other information considered relevant by the court. |
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| 348 | 348 | | |
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| 349 | 349 | | (11) (12) The court may grant a petition properly filed by an individual under subsection (1) if all of the following apply: |
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| 350 | 350 | | |
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| 351 | 351 | | (a) Ten or more years have elapsed since the date of his or her the individual's conviction for the listed offense or from his or her the individual's release from any period of confinement for that offense, whichever occurred last. |
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| 352 | 352 | | |
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| 353 | 353 | | (b) The petitioner has not been convicted of any felony since the date described in subdivision (a). |
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| 354 | 354 | | |
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| 355 | 355 | | (c) The petitioner has not been convicted of any listed offense since the date described in subdivision (a). |
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| 356 | 356 | | |
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| 357 | 357 | | (d) The petitioner successfully completed his or her the individual's assigned periods of supervised release, probation, or parole without revocation at any time of that supervised release, probation, or parole. |
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| 358 | 358 | | |
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| 359 | 359 | | (e) The petitioner successfully completed a sex offender treatment program certified by the United States attorney general Attorney General under 42 USC 16915(b)(1), 34 USC 20915(b)(1), or another appropriate sex offender treatment program. The court may waive the requirements of this subdivision if successfully completing a sex offender treatment program was not a condition of the petitioner's confinement, release, probation, or parole. |
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| 360 | 360 | | |
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| 361 | 361 | | (f) The petitioner has not previously filed a petition under this section that was denied by the court after a hearing. |
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| 362 | 362 | | |
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| 363 | 363 | | (12) (13) The court may grant a petition properly filed by an individual under subsection (2) if all of the following apply: |
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| 364 | 364 | | |
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| 365 | 365 | | (a) The petitioner is required to register based on 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.judgment of sentence, or order of probation entered because of 1 or more of the following: |
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| 366 | 366 | | |
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| 367 | 367 | | (i) The petitioner was 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. |
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| 368 | 368 | | |
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| 369 | 369 | | (ii) The petitioner committed the listed offense when the petitioner was 17 years of age and was tried in the same manner as an adult before October 1, 2021. |
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| 370 | 370 | | |
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| 371 | 371 | | (b) Twenty-five or more years have elapsed since the date of his or her adjudication for the listed offense or from his or her release from any period of confinement for that offense, whichever occurred last. |
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| 372 | 372 | | |
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| 373 | 373 | | (b) (c) The petitioner has not been convicted of any felony since the date described in subdivision (b).of the petitioner's order of disposition, judgment of sentence, or order of probation for a listed offense or from the petitioner's release from any period of confinement for that offense, whichever occurred last. |
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| 374 | 374 | | |
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| 375 | 375 | | (c) (d) The petitioner has not been convicted of any listed offense since the date described in subdivision (b).of the petitioner's order of disposition, judgment of sentence, or order of probation for a listed offense or from the petitioner's release from any period of confinement for that offense, whichever occurred last. |
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| 376 | 376 | | |
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| 377 | 377 | | (d) (e) The petitioner successfully completed his or her the petitioner's assigned periods of supervised release, probation, or parole without revocation at any time of that supervised release, probation, or parole. |
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| 378 | 378 | | |
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| 379 | 379 | | (e) (f) The court determines that the petitioner successfully completed a sex offender treatment program certified by the United States attorney general Attorney General under 42 USC 16915(b)(1), 34 USC 20915(b)(1) or another appropriate sex offender treatment program. The court may waive the requirements of this subdivision if successfully completing a sex offender treatment program was not a condition of the petitioner's confinement, release, probation, or parole. |
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| 380 | 380 | | |
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| 381 | 381 | | (13) (14) The court shall grant a petition properly filed by an individual under subsection (3) (2) if the court determines that the conviction for the listed offense was the result of a consensual sexual act between the petitioner and the victim and any of the following apply: |
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| 382 | 382 | | |
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| 383 | 383 | | (a) All of the following: |
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| 384 | 384 | | |
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| 385 | 385 | | (i) The victim was 13 years of age or older but less than 16 years of age at the time of the offense. |
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| 386 | 386 | | |
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| 387 | 387 | | (ii) The petitioner is not more than 4 years older than the victim. |
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| 388 | 388 | | |
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| 389 | 389 | | (b) All of the following: |
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| 390 | 390 | | |
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| 391 | 391 | | (i) The individual was convicted of a violation of section 158, 338, 338a, or 338b of the Michigan penal code, 1931 PA 328, MCL 750.158, 750.338, 750.338a, and 750.338b. |
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| 392 | 392 | | |
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| 393 | 393 | | (ii) The victim was 13 years of age or older but less than 16 years of age at the time of the violation. |
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| 394 | 394 | | |
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| 395 | 395 | | (iii) The individual is not more than 4 years older than the victim. |
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| 396 | 396 | | |
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| 397 | 397 | | (c) All of the following: |
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| 398 | 398 | | |
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| 399 | 399 | | (i) The individual was convicted of a violation of section 158, 338, 338a, 338b, or 520c(1)(i) of the Michigan penal code, 1931 PA 328, MCL 750.158, 750.338, 750.338a, 750.338b, and 750.520c. |
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| 400 | 400 | | |
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| 401 | 401 | | (ii) The victim was 16 years of age or older at the time of the violation. |
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| 402 | 402 | | |
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| 403 | 403 | | (iii) The victim was not under the custodial authority of the individual at the time of the violation. |
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| 404 | 404 | | |
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| 405 | 405 | | (14) (15) The court shall grant a petition properly filed by an individual under subsection (3) (2) if either any of the following applies:apply: |
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| 406 | 406 | | |
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| 407 | 407 | | (a) Both of the following: |
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| 408 | 408 | | |
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| 409 | 409 | | (i) The petitioner was adjudicated as a juvenile. |
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| 410 | 410 | | |
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| 411 | 411 | | (ii) The petitioner was less than 14 years of age at the time of the offense. |
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| 412 | 412 | | |
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| 413 | 413 | | (b) The individual was is erroneously registered under this act before July 1, 2011 for an offense that previously required registration but for which registration is not no longer required. on or after July 1, 2011. |
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| 414 | 414 | | |
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| 415 | 415 | | (c) Both of the following: |
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| 416 | 416 | | |
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| 417 | 417 | | (i) The individual is registered solely because the individual had 1 or more dispositions for a listed offense entered under section 18 of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.18, in a case that was not designated as a case in which the individual was to be 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, or because the individual was the subject of 1 or more dispositions or adjudications in a juvenile matter in another state or country. |
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| 418 | 418 | | |
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| 419 | 419 | | (ii) The court determines that the petitioner successfully completed a sex offender treatment program certified by the United States Attorney General under 34 USC 20915(b)(1), or another appropriate sex offender treatment program. |
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| 420 | 420 | | |
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| 421 | 421 | | Sec. 10. (1) Except as provided in this act and subject to this subsection, a registration or report is confidential and information from that registration or report shall must not be open to inspection except for law enforcement purposes. The registration or report and all included materials and information are exempt from disclosure under section 13 of the freedom of information act, 1976 PA 442, MCL 15.243. The exemption from disclosure under section 13 of the freedom of information act, 1976 PA 442, MCL 15.243, under this subsection does not apply to statistical data determined from registration or report data or any included materials and information, so long as that data does not disclose the identity of a registrant. |
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| 422 | 422 | | |
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| 423 | 423 | | (2) A department post, local law enforcement agency, or sheriff's department shall make information from the public internet website described in section 8(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. |
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| 424 | 424 | | |
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| 425 | 425 | | (3) The department may make information from the public internet website described in section 8(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 8(2) initially registers under this act, or changes his or her the individual's registration under this act, to a location that is in a designated area or geographic radius designated by the subscribing member of the public. |
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| 426 | 426 | | |
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| 427 | 427 | | (4) Except as provided in this act, an individual other than the registrant who knows of a registration or report under this act and who divulges, uses, or publishes nonpublic information concerning the registration or report 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. |
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| 428 | 428 | | |
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| 429 | 429 | | (5) An individual whose registration or report is revealed in violation of this act has a civil cause of action against the responsible party for treble damages. |
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| 430 | 430 | | |
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| 431 | 431 | | (6) Subsections (4) and (5) do not apply to the public internet website described in section 8(2) or information from that public internet website that is provided or made available under section 8(2) or under subsection (2) or (3). |
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