SENATE BILL No. 263

 

 

March 21, 2017, Introduced by Senators SCHUITMAKER, HERTEL, CONYERS, JONES, HORN, SCHMIDT, ROCCA, BRANDENBURG, BIEDA, PROOS, HOPGOOD, KNEZEK, NOFS, MACGREGOR, MARLEAU and HUNE and referred to the Committee on Judiciary.

 

 

      A bill to require persons convicted of certain child abuse

 

offenses to register with the child abuse offenders registry; to

 

prescribe the powers and duties of certain departments and agencies

 

in connection with that registration; to prescribe fees and

 

penalties; and to authorize certain causes of action.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 1. This act shall be known and may be cited as the "child

 

 2  abuse offenders registration act".

 

 3        Sec. 2. As used in this act:

 

 4        (a) "Child abuse offense" means any violation of section 136b

 

 5  of the Michigan penal code, 1931 PA 328, MCL 750.136b (child

 

 6  abuse), or a substantially similar offense under a law of the

 

 7  United States, any state, or any country or under tribal or

 

 8  military law, that is committed by an adult or by a minor who is

 


 1  tried in the same manner as an adult under section 2d of chapter

 

 2  XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2d.

 

 3        (b) "Convicted" means any of the following:

 

 4        (i) Having a judgment of conviction or a probation order

 

 5  entered in any court having jurisdiction over criminal offenses,

 

 6  including, but not limited to, a tribal court or a military court,

 

 7  other than a conviction subsequently set aside under 1965 PA 213,

 

 8  MCL 780.621 to 780.624.

 

 9        (ii) Either of the following:

 

10        (A) Being assigned to youthful trainee status under sections

 

11  11 to 15 of chapter II of the code of criminal procedure, 1927 PA

 

12  175, MCL 762.11 to 762.15.

 

13        (B) Being assigned to youthful trainee status under sections

 

14  11 to 15 of chapter II of the code of criminal procedure, 1927 PA

 

15  175, MCL 762.11 to 762.15, if the individual's status of youthful

 

16  trainee is revoked and an adjudication of guilt is entered.

 

17        (iii) Having an order of disposition entered under section 18

 

18  of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL

 

19  712A.18, that is open to the general public under section 28 of

 

20  chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.28.

 

21        (c) "Department" means the department of state police.

 

22        (d) "Institution of higher education" means 1 or more of the

 

23  following:

 

24        (i) A public or private community college, college, or

 

25  university.

 

26        (ii) A public or private trade, vocational, or occupational

 

27  school.


 1        (e) "Local law enforcement agency" means the police department

 

 2  of a municipality.

 

 3        (f) "Minor" means a person who is under 18 years of age.

 

 4        (g) "Municipality" means a city, village, or township of this

 

 5  state.

 

 6        (h) "Registering authority" means the local law enforcement

 

 7  agency or sheriff's office having jurisdiction over the person's

 

 8  residence, place of employment, or institution of higher learning,

 

 9  or the nearest department post designated to receive or enter child

 

10  abuse offender registration information within a registration

 

11  jurisdiction.

 

12        (i) "Registration jurisdiction" means each of the 50 states,

 

13  the District of Columbia, the Commonwealth of Puerto Rico, Guam,

 

14  the Northern Mariana Islands, the United States Virgin Islands,

 

15  American Samoa, and the Indian tribes within the United States that

 

16  elect to function as a registration jurisdiction.

 

17        (j) "Residence", as used in this act, for registration and

 

18  voting purposes means the place where a person habitually sleeps,

 

19  keeps his or her personal effects, and has a regular place of

 

20  lodging. If a person has more than 1 residence, or if a person has

 

21  a residence separate from that of his or her spouse, the place

 

22  where the person resides the greater part of the time is his or her

 

23  official residence for the purposes of this act. If a person is

 

24  homeless or otherwise lacks a fixed or temporary residence,

 

25  residence means the village, city, or township where the person

 

26  spends a majority of his or her time. This section must not be

 

27  construed to affect existing judicial interpretation of the term


 1  residence.

 

 2        (k) "Student" means a person enrolled on a full- or part-time

 

 3  basis in a public or private educational institution, including,

 

 4  but not limited to, a secondary school, trade school, professional

 

 5  institution, or institution of higher education.

 

 6        Sec. 3. (1) Subject to subsection (2), the following persons

 

 7  who are domiciled or temporarily reside in this state or who work

 

 8  with or without compensation or are students in this state, or who

 

 9  are domiciled, reside, or work with or without compensation or are

 

10  students in this state for 30 or more total days in a calendar year

 

11  are required to be registered under this act:

 

12        (a) A person who is convicted of a child abuse offense after

 

13  January 1, 2018.

 

14        (b) A person convicted of a child abuse offense on or before

 

15  January 1, 2018 if on January 1, 2018 he or she is on probation or

 

16  parole, committed to jail, committed to the jurisdiction of the

 

17  department of corrections, or is placed on probation or parole,

 

18  committed to jail, or committed to the jurisdiction of the

 

19  department of corrections after January 1, 2018 for that offense.

 

20        (c) A person convicted of a child abuse offense on or before

 

21  January 1, 2018 if on January 1, 2018 he or she is on probation or

 

22  parole that has been transferred to this state for that offense or

 

23  his or her probation or parole is transferred to this state after

 

24  January 1, 2018 for that offense.

 

25        (d) A person from another state who is required to register or

 

26  otherwise be identified as a child abuse offender under a

 

27  comparable statute of that state.


 1        (2) A person who is a nonresident and who is convicted in this

 

 2  state on or after January 1, 2018 of committing a child abuse

 

 3  offense who is not otherwise described in subsection (1) shall

 

 4  nevertheless register under this act. However, the continued

 

 5  reporting requirements of this act do not apply to the person while

 

 6  he or she remains a nonresident and is not otherwise required to

 

 7  report under this act. However, the person shall have his or her

 

 8  photograph taken under section 7.

 

 9        Sec. 4. (1) Registration of a person under this act must

 

10  proceed as provided in this section.

 

11        (2) For a person convicted of a child abuse offense on or

 

12  before January 1, 2018 who on or before January 1, 2018 is

 

13  sentenced for that offense, the following must register the person

 

14  by December 31, 2018:

 

15        (a) If the person is on probation for the child abuse offense,

 

16  the person's probation officer.

 

17        (b) If the person is committed to jail for the child abuse

 

18  offense, the sheriff or his or her designee.

 

19        (c) If the person is under the jurisdiction of the department

 

20  of corrections for the child abuse offense, the department of

 

21  corrections.

 

22        (d) If the person is on parole for the child abuse offense,

 

23  the person's parole officer.

 

24        (3) If a person is convicted of a child abuse offense on or

 

25  before January 1, 2018 and the person's probation or parole is

 

26  transferred to this state after January 1, 2018, the probation or

 

27  parole agent shall register the person immediately after the


 1  transfer.

 

 2        (4) All of the following shall register with the local law

 

 3  enforcement agency, sheriff's department, or the department

 

 4  immediately after becoming domiciled or temporarily residing,

 

 5  working, or being a student in this state:

 

 6        (a) Subject to section 3, a person convicted of a child abuse

 

 7  offense in another state or country after January 1, 2018.

 

 8        (b) A person required to be registered as a child abuse

 

 9  offender in another state or country regardless of when the

 

10  conviction was entered.

 

11        (5) If a prosecution is pending on January 1, 2018, whether

 

12  the defendant in a criminal case is required to register under this

 

13  act shall be determined on the basis of the law in effect on

 

14  January 1, 2018.

 

15        Sec. 5. (1) A person required to be registered under this act

 

16  and who is not a resident of this state shall report his or her

 

17  status in person to the registering authority having jurisdiction

 

18  over a campus of an institution of higher education if either of

 

19  the following occurs:

 

20        (a) A person is or enrolls as a student with that institution

 

21  of higher education or the person discontinues that enrollment.

 

22        (b) As part of his or her course of studies at an institution

 

23  of higher education in this state, the person is present at any

 

24  other location in this state, another state, a territory or

 

25  possession of the United States, or the person discontinues his or

 

26  her studies at that location.

 

27        (2) A person required to be registered under this act who is a


 1  resident of this state shall report his or her status in person to

 

 2  the registering authority having jurisdiction where his or her new

 

 3  residence or domicile is located if any of the events described

 

 4  under subsection (1) occur.

 

 5        (3) The report required under subsections (1) and (2) must be

 

 6  made immediately after he or she enrolls or discontinues his or her

 

 7  enrollment as a student on that campus including study in this

 

 8  state or another state, a territory or possession of the United

 

 9  States, or another country.

 

10        (4) The additional registration reports required under this

 

11  section must be made in the time periods described in section 7 for

 

12  reports under that section.

 

13        (5) The local law enforcement agency, sheriff's department, or

 

14  department post to which a person reports under this section shall

 

15  require the person to pay the registration fee required under

 

16  section 7(6) or section 11(1) and to present written documentation

 

17  of employment status, contractual relationship, volunteer status,

 

18  or student status. Written documentation under this subsection may

 

19  include, but need not be limited to, any of the following:

 

20        (a) A W-2 form, pay stub, or written statement by an employer.

 

21        (b) A contract.

 

22        (c) A student identification card or student transcript.

 

23        (6) This section does not apply to a person whose enrollment

 

24  and participation at an institution of higher education is solely

 

25  through the mail or the Internet from a remote location.

 

26        Sec. 6. (1) A person required to be registered under this act

 

27  and who is a resident of this state shall report in person and


 1  notify the registering authority having jurisdiction where his or

 

 2  her residence or domicile is located immediately after any of the

 

 3  following occur:

 

 4        (a) The person changes or vacates his or her residence or

 

 5  domicile.

 

 6        (b) The person changes his or her place of employment, or

 

 7  employment is discontinued.

 

 8        (c) The person enrolls as a student with an institution of

 

 9  higher education, or enrollment is discontinued.

 

10        (d) The person changes his or her name.

 

11        (e) The person intends to temporarily reside at any place

 

12  other than his or her residence for more than 7 days.

 

13        (f) The person establishes any electronic mail or instant

 

14  message address, or any other designations used in Internet

 

15  communications or postings.

 

16        (g) Any change required to be reported under section 5.

 

17        (2) A person required to be registered under this act who is

 

18  not a resident of this state but has his or her place of employment

 

19  in this state shall report in person and notify the registering

 

20  authority having jurisdiction where his or her place of employment

 

21  is located or the department post of the person's place of

 

22  employment immediately after the person changes his or her place of

 

23  employment or employment is discontinued.

 

24        (3) If a person who is incarcerated in a state correctional

 

25  facility and is required to be registered under this act is granted

 

26  parole or is due to be released upon completion of his or her

 

27  maximum sentence, the department of corrections, before releasing


 1  the person, shall provide notice of the location of the person's

 

 2  proposed place of residence or domicile to the department of state

 

 3  police.

 

 4        (4) If a person who is incarcerated in a county jail and is

 

 5  required to be registered under this act is due to be released from

 

 6  custody, the sheriff's department, before releasing the person,

 

 7  shall provide notice of the location of the person's proposed place

 

 8  of residence or domicile to the department of state police.

 

 9        (5) Immediately after either of the following occurs, the

 

10  department of corrections shall notify the local law enforcement

 

11  agency or sheriff's department having jurisdiction over the area to

 

12  which the person is transferred or the department post of the

 

13  transferred residence or domicile of a person required to be

 

14  registered under this act:

 

15        (a) The person is transferred to a community residential

 

16  program.

 

17        (b) The person is transferred into a level 1 correctional

 

18  facility of any kind, including a correctional camp or work camp.

 

19        (6) A person required to be registered under this act who is a

 

20  resident of this state shall report in person and notify the

 

21  registering authority having jurisdiction where his or her

 

22  residence or domicile is located immediately before he or she

 

23  changes his or her domicile or residence to another state. The

 

24  person shall indicate the new state and, if known, the new address.

 

25  The department shall update the registration and compilation

 

26  databases and promptly notify the appropriate law enforcement

 

27  agency and any applicable registration authority in the new state.


 1        (7) A person required to be registered under this act who is a

 

 2  resident of this state shall report in person and notify the

 

 3  registering authority having jurisdiction where his or her

 

 4  residence or domicile is located not later than 21 days before he

 

 5  or she changes his or her domicile or residence to another country

 

 6  or travels to another country for more than 7 days. The person

 

 7  shall state the new country of residence or country of travel and

 

 8  the address of his or her new domicile or residence or place of

 

 9  stay, if known. The department shall update the registration and

 

10  compilation databases created and maintained under the child abuse

 

11  offenders registry and promptly notify the appropriate law

 

12  enforcement agency and any applicable child abuse offender

 

13  registration authority.

 

14        (8) If the probation or parole of a person required to be

 

15  registered under this act is transferred to another state or a

 

16  person required to be registered under this act is transferred from

 

17  a state correctional facility to any correctional facility or

 

18  probation or parole in another state, the department of corrections

 

19  shall promptly notify the department and the appropriate law

 

20  enforcement agency and any applicable registration authority in the

 

21  new state. The department shall update the registration and

 

22  compilation databases.

 

23        (9) A person registered under this act shall comply with the

 

24  verification procedures and proof of residence procedures

 

25  prescribed in sections 5 and 7.

 

26        (10) A person required to register under this act shall comply

 

27  with this section for 10 years, except that a person convicted of


 1  fourth-degree child abuse shall comply with this section for 5

 

 2  years.

 

 3        (11) The registration periods under this section exclude any

 

 4  period of incarceration for committing a crime and any period of

 

 5  civil commitment.

 

 6        Sec. 7. (1) The department shall mail a notice to each person

 

 7  registered under this act who is not in a state correctional

 

 8  facility explaining the person's duties under this act.

 

 9        (2) Upon the release of a person registered under this act who

 

10  is in a state correctional facility, the department of corrections

 

11  shall provide written notice to that person explaining his or her

 

12  duties under this section and the procedure for registration,

 

13  notification, and verification and payment of the registration fee

 

14  prescribed under subsection (6) or section 11(1). The person shall

 

15  sign and date the notice. The department of corrections shall

 

16  maintain a copy of the signed and dated notice in the person's

 

17  file. The department of corrections shall forward the original

 

18  notice to the department immediately, regardless of whether the

 

19  person signs it.

 

20        (3) Subject to subsection (4), a person required to be

 

21  registered under this act who is not incarcerated shall report in

 

22  person to the registering authority where the person is domiciled

 

23  or resides for verification of domicile or residence as follows:

 

24        (a) If the person was convicted of a child abuse offense that

 

25  is a misdemeanor, the person shall report once each year during the

 

26  person's month of birth.

 

27        (b) If the person was convicted of a child abuse offense that


 1  is a felony, the person shall report 4 times each year according to

 

 2  the following schedule:

 

 

 3

Birth Month

Reporting Months

 4

January

January, April, July, and October

 5

February

February, May, August, and November

 6

March

March, June, September, and December

 7

April

April, July, October, and January

 8

May

May, August, November, and February

 9

June

June, September, December, and March

10

July

July, October, January, and April

11

August

August, November, February, and May

12

September

September, December, March, and June

13

October

October, January, April, and July

14

November

November, February, May, and August

15

December

December, March, June, and September

 

 

16        (4) A report under subsection (3) must be made no earlier than

 

17  the first day or later than the last day of the month in which the

 

18  person is required to report. However, if the registration period

 

19  for that person expires during the month in which he or she is

 

20  required to report under this section, the person shall report

 

21  during that month on or before the date his or her registration

 

22  period expires. When a person reports under subsection (3), the

 

23  person shall review all registration information for accuracy.

 

24        (5) When a person reports under subsection (3), an officer or

 

25  authorized employee of the registering authority shall verify the

 

26  person's residence or domicile and any information required to be

 


 1  reported under section 5. The officer or authorized employee shall

 

 2  also determine whether the person's photograph required under

 

 3  subsection (8) matches the appearance of the person sufficiently to

 

 4  properly identify him or her from that photograph. If not, the

 

 5  officer or authorized employee shall require the person to

 

 6  immediately obtain a current photograph under this section. When

 

 7  all of the verification information has been provided, the officer

 

 8  or authorized employee shall review that information with the

 

 9  person and make any corrections, additions, or deletions the

 

10  officer or authorized employee determines are necessary based on

 

11  the review. The officer or authorized employee shall sign and date

 

12  a verification receipt. The officer or authorized employee shall

 

13  give a copy of the signed receipt showing the date of verification

 

14  to the person. The officer or authorized employee shall forward

 

15  verification information to the department in the manner the

 

16  department prescribes. The department shall revise the law

 

17  enforcement database and public internet website maintained under

 

18  the child abuse offenders registry act as necessary and shall

 

19  indicate verification in the public internet website maintained

 

20  under that act.

 

21        (6) Except as otherwise provided in section 8, a person who

 

22  reports as prescribed under subsection (3) shall pay a $50.00

 

23  registration fee as follows:

 

24        (a) Upon initial registration.

 

25        (b) Annually following the year of initial registration. The

 

26  payment of the registration fee under this subdivision must be made

 

27  at the time the person reports in the first reporting month for


 1  that person as set forth in subsection (3) of each year in which

 

 2  the fee applies, unless a person elects to prepay an annual

 

 3  registration fee for any future year for which an annual

 

 4  registration fee is required. Prepaying any annual registration fee

 

 5  does not change or alter the requirement of a person to report as

 

 6  set forth in subsection (3). The registration fee required to be

 

 7  paid under this subdivision must not be prorated on grounds that

 

 8  the person will complete his or her registration period after the

 

 9  month in which the fee is due.

 

10        (c) The sum of the amounts required to be paid under

 

11  subdivisions (a) and (b) must not exceed $385.00.

 

12        (7) A person required to be registered under this act shall

 

13  maintain either a valid operator's or chauffeur's license issued

 

14  under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923,

 

15  or an official state personal identification card issued under 1972

 

16  PA 222, MCL 28.291 to 28.300, with the person's current address.

 

17  The license or card may be used as proof of domicile or residence

 

18  under this section. In addition, the officer or authorized employee

 

19  may require the person to produce another document bearing his or

 

20  her name and address, including, but not limited to, voter

 

21  registration or a utility or other bill. The department may specify

 

22  other satisfactory proof of domicile or residence.

 

23        (8) A person registered under this act who is incarcerated

 

24  shall report to the secretary of state under this subsection

 

25  immediately after he or she is released to have his or her

 

26  digitalized photograph taken. The person is not required to report

 

27  under this subsection if the person had a digitized photograph


 1  taken for an operator's or chauffeur's license or official state

 

 2  personal identification card before January 1, 2018, or within 2

 

 3  years before he or she is released unless his or her appearance has

 

 4  changed from the date of that photograph. Unless the person is a

 

 5  nonresident, the photograph must be used on the person's operator's

 

 6  or chauffeur's license or official state personal identification

 

 7  card. The person shall have a new photograph taken when the person

 

 8  renews the license or identification card as provided by law, or as

 

 9  otherwise provided in this act. The secretary of state shall make

 

10  the digitized photograph available to the department for a

 

11  registration under this act.

 

12        (9) If a person does not report under this section or under

 

13  section 5, the department shall notify all registering authorities

 

14  as provided in the child abuse offenders registry act and initiate

 

15  enforcement action as set forth in that act.

 

16        (10) The department shall prescribe the form for the notices

 

17  and verification procedures required under this section or under

 

18  the child abuse offenders registry act.

 

19        Sec. 8. (1) Of the money collected by a court, local law

 

20  enforcement agency, sheriff's department, or department post from

 

21  each registration fee prescribed under this act, $35.00 must be

 

22  forwarded to the department, which shall deposit the money in the

 

23  child abuse offenders registration fund created under subsection

 

24  (2), and $15.00 must be retained by the court, local law

 

25  enforcement agency, sheriff's department, or department post.

 

26        (2) The child abuse offenders registration fund is created as

 

27  a separate fund in the department of treasury. The state treasurer


 1  shall credit the money received from the payment of the

 

 2  registration fee prescribed under this act to the child abuse

 

 3  offenders registration fund. Money credited to the fund must only

 

 4  be used by the department for training concerning, and the

 

 5  maintenance and automation of, the law enforcement database, public

 

 6  internet website, and information required under the child abuse

 

 7  offenders registry act, or notification and offender registration

 

 8  duties under section 5. Money in the child abuse offenders

 

 9  registration fund at the close of the fiscal year must remain in

 

10  the fund and must not lapse to the general fund.

 

11        (3) If a person required to pay a registration fee under this

 

12  act is indigent, the registration fee must be waived for a period

 

13  of 90 days. The burden is on the person claiming indigence to prove

 

14  the fact of indigence to the satisfaction of the local law

 

15  enforcement agency, sheriff's department, or department post where

 

16  the person is reporting.

 

17        (4) Payment of the registration fee prescribed under this act

 

18  must be made in the form and by means prescribed by the department.

 

19  Upon payment of the registration fee prescribed under this act, the

 

20  officer or employee shall forward verification of the payment to

 

21  the department in the manner the department prescribes. The

 

22  department shall revise the law enforcement database and public

 

23  internet website maintained under the child abuse offenders

 

24  registry act as necessary and shall indicate verification of

 

25  payment in the compilation under that act.

 

26        Sec. 9. The department of corrections shall not collect any

 

27  fee prescribed under this act.


 1        Sec. 10. (1) The officer, court, or agency registering a

 

 2  person or receiving or accepting a registration under section 4 or

 

 3  receiving notice under section 6 shall provide the person with a

 

 4  copy of the registration or notification at the time of

 

 5  registration or notice.

 

 6        (2) The officer, court, or agency registering a person or

 

 7  receiving or accepting a registration under section 4 or notified

 

 8  of an address change under section 6(1) shall forward the

 

 9  registration or notification to the department in a manner

 

10  described by the department immediately after registration or

 

11  notification.

 

12        Sec. 11. (1) Registration information obtained under this act

 

13  must be forwarded to the department in the format the department

 

14  prescribes. Except as provided in section 8(3), a $50.00

 

15  registration fee must accompany each original registration. All of

 

16  the following information must be obtained or otherwise provided

 

17  for registration purposes:

 

18        (a) The person's legal name and any aliases, nicknames, ethnic

 

19  or tribal names, or other names by which the person is or has been

 

20  known. A person who is in a witness protection and relocation

 

21  program is only required to use the name and identifying

 

22  information reflecting his or her new identity in a registration

 

23  under this act. The registration and compilation databases created

 

24  and maintained under the child abuse offenders registry act must

 

25  not contain any information identifying the person's prior identity

 

26  or locale.

 

27        (b) The person's social security number and any social


 1  security numbers or alleged social security numbers previously used

 

 2  by the person.

 

 3        (c) The person's date of birth and any alleged dates of birth

 

 4  previously used by the person.

 

 5        (d) The address where the person resides or will reside. If

 

 6  the person does not have a residential address, information under

 

 7  this subsection must identify the location or area used or to be

 

 8  used by the person in lieu of a residence or, if the person is

 

 9  homeless, the village, city, or township where the person spends or

 

10  will spend the majority of his or her time.

 

11        (e) The name and address of any place of temporary lodging

 

12  used or to be used by the person during any period in which the

 

13  person is away, or is expected to be away, from his or her

 

14  residence for more than 7 days. Information under this subdivision

 

15  must include the dates the lodging is used or to be used.

 

16        (f) The name and address of each of the person's employers.

 

17  For purposes of this subdivision, "employer" includes a contractor

 

18  and any person who has agreed to hire or contract with the person

 

19  for his or her services. Information under this subdivision must

 

20  include the address or location of employment if different from the

 

21  address of the employer. If the person lacks a fixed employment

 

22  location, the information obtained under this subdivision must

 

23  include the general areas where the person works.

 

24        (g) The name and address of any school being attended by the

 

25  person and any school that has accepted the person as a student

 

26  that he or she plans to attend. For purposes of this subdivision,

 

27  "school" means a public or private postsecondary school or school


 1  of higher education, including a trade school.

 

 2        (h) All telephone numbers registered to the person or

 

 3  routinely used by the person.

 

 4        (i) The person's driver license number or state personal

 

 5  identification card number.

 

 6        (j) A digital copy of the person's passport and other

 

 7  immigration documents.

 

 8        (k) The person's occupational and professional licensing

 

 9  information, including any license that authorizes the person to

 

10  engage in any occupation, profession, trade, or business.

 

11        (l) A brief summary of the person's convictions for child

 

12  abuse offenses regardless of when the conviction occurred,

 

13  including where the offense occurred and the original charge if the

 

14  conviction was for a lesser offense.

 

15        (m) A complete physical description of the person.

 

16        (n) The photograph required under section 7.

 

17        (o) The person's fingerprints if not already on file with the

 

18  department and the person's palm prints. A person required to be

 

19  registered under this act shall have his or her fingerprints or

 

20  palm prints or both taken not later than September 1, 2018 if his

 

21  or her fingerprints or palm prints are not already on file with the

 

22  department. The department shall forward a copy of the person's

 

23  fingerprints and palm prints to the Federal Bureau of Investigation

 

24  if not already on file with that bureau.

 

25        (p) Information that is required to be reported under section

 

26  5.

 

27        (2) A registration must contain all of the following:


 1        (a) An electronic copy of the person's Michigan driver license

 

 2  or Michigan personal identification card, including the photograph

 

 3  required under this act.

 

 4        (b) The text of the provision of law that defines the child

 

 5  abuse offense for which the person is registered.

 

 6        (c) Any outstanding arrest warrant information.

 

 7        (d) An identifier that indicates whether a DNA sample has been

 

 8  collected and any resulting DNA profile has been entered into the

 

 9  federal Combined DNA Index System (CODIS).

 

10        (e) The person's complete criminal history record, including

 

11  the dates of all arrests and convictions.

 

12        (f) The person's Michigan department of corrections number and

 

13  status of parole, probation, or supervised release.

 

14        (g) The person's Federal Bureau of Investigation number.

 

15        (3) The form used for notification of duties under this act

 

16  must contain a written statement that explains the duty of the

 

17  person being registered to provide notice of changes in his or her

 

18  registration information, the procedures for providing that notice,

 

19  and the verification procedures under section 7.

 

20        (4) The person shall sign a registration and notice. However,

 

21  the registration and notice must be forwarded to the department

 

22  regardless of whether the person signs it or pays the registration

 

23  fee required under subsection (1).

 

24        (5) The officer, court, or an employee of the agency

 

25  registering the person or receiving or accepting a registration

 

26  under section 4 shall sign the registration form.

 

27        (6) A person shall not knowingly provide false or misleading


 1  information concerning a registration, notice, or verification.

 

 2        (7) The department shall prescribe the form for a notification

 

 3  required under section 6 and the format for forwarding the

 

 4  notification to the department.

 

 5        (8) The department shall promptly provide registration,

 

 6  notice, and verification information to the Federal Bureau of

 

 7  Investigation and to local law enforcement agencies, sheriff's

 

 8  departments, department posts, and other registering jurisdictions,

 

 9  as provided by law.

 

10        Sec. 12. (1) Except as provided in subsections (2), (3), and

 

11  (4), a person required to be registered under this act who

 

12  willfully violates this act is guilty of a felony punishable as

 

13  follows:

 

14        (a) If the person has no prior convictions for a violation of

 

15  this act, by imprisonment for not more than 4 years or a fine of

 

16  not more than $2,000.00, or both.

 

17        (b) If the person has 1 prior conviction for a violation of

 

18  this act, by imprisonment for not more than 7 years or a fine of

 

19  not more than $5,000.00, or both.

 

20        (c) If the person has 2 or more prior convictions for

 

21  violations of this act, by imprisonment for not more than 10 years

 

22  or a fine of not more than $10,000.00, or both.

 

23        (2) A person who fails to comply with section 7, other than

 

24  payment of the fee required under section 7(6), is guilty of a

 

25  misdemeanor punishable by imprisonment for not more than 2 years or

 

26  a fine of not more than $2,000.00, or both.

 

27        (3) A person who willfully fails to sign a registration and


 1  notice as provided in section 11(4) is guilty of a misdemeanor

 

 2  punishable by imprisonment for not more than 93 days or a fine of

 

 3  not more than $1,000.00, or both.

 

 4        (4) A person who willfully refuses or fails to pay the

 

 5  registration fee prescribed in section 7(6) or section 11(1) within

 

 6  90 days of the date the person reports under section 5 or 7 is

 

 7  guilty of a misdemeanor punishable by imprisonment for not more

 

 8  than 90 days.

 

 9        (5) The court shall revoke the probation of a person placed on

 

10  probation who willfully violates this act.

 

11        (6) The parole board shall rescind the parole of a person

 

12  released on parole who willfully violates this act.

 

13        (7) A person's failure to register as required by this act or

 

14  a violation of section 6 may be prosecuted in the judicial district

 

15  of any of the following:

 

16        (a) The person's last registered address or residence.

 

17        (b) The person's actual address or residence.

 

18        (c) Where the person was arrested for the violation.

 

19        Sec. 13. (1) Except as provided in this act, a registration or

 

20  report is confidential and information from that registration or

 

21  report shall not be open to inspection except for law enforcement

 

22  purposes. The registration or report and all included materials and

 

23  information are exempt from disclosure under section 13 of the

 

24  freedom of information act, 1976 PA 442, MCL 15.243.

 

25        (2) Except as provided in this act, a person other than the

 

26  registrant who knows of a registration or report under this act and

 

27  who divulges, uses, or publishes nonpublic information concerning


 1  the registration or report in violation of this act is guilty of a

 

 2  misdemeanor punishable by imprisonment for not more than 93 days or

 

 3  a fine of not more than $1,000.00, or both.

 

 4        (3) A person whose registration or report is revealed in

 

 5  violation of this act has a civil cause of action against the

 

 6  responsible party for treble damages.

 

 7        Enacting section 1. This act takes effect 90 days after the

 

 8  date it is enacted into law.

 

 9        Enacting section 2. This act does not take effect unless

 

10  Senate Bill No. 261                                              of

 

11  the 99th Legislature is enacted into law.