BillCam

HOUSE BILL No. 4529

April 30, 2019, Introduced by Reps. Guerra, Sabo, Cambensy, Tate, Elder, Stone, Sneller, Yaroch, Sowerby, Howell, Pagan, Chirkun, LaFave, Markkanen, Hertel, Brixie and Neeley 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

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

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

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

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

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

6 entered in any court having jurisdiction over criminal offenses,

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

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

9 MCL 780.621 to 780.624.

10 (ii) Either of the following:

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

12 11 to 15 of chapter II of the code of criminal procedure, 1927 PA

13 175, MCL 762.11 to 762.15.

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

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

16 175, MCL 762.11 to 762.15, if the individual's status of youthful

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

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

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

20 712A.18, that is open to the general public under section 28 of

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

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

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

24 following:

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

26 university.

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

1 school.

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

3 of a municipality.

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

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

6 state.

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

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

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

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

11 abuse offender registration information within a registration

12 jurisdiction.

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

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

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

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

17 elect to function as a registration jurisdiction.

18 (j) "Residence", for registration and voting purposes, means

19 the place where a person habitually sleeps, keeps his or her

20 personal effects, and has a regular place of lodging. If a person

21 has more than 1 residence, or if a person has a residence separate

22 from that of his or her spouse, the place where the person resides

23 the greater part of the time is his or her official residence for

24 the purposes of this act. If a person is homeless or otherwise

25 lacks a fixed or temporary residence, residence means the village,

26 city, or township where the person spends a majority of his or her

27 time. This section must not be construed to affect existing

1 judicial interpretation of the term 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, 2020.

14 (b) A person from another state who is required to register or

15 otherwise be identified as a child abuse offender under a

16 comparable statute of that state.

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

18 state on or after January 1, 2020 of committing a child abuse

19 offense who is not otherwise described in subsection (1) must

20 nevertheless register under this act. However, the continued

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

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

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

24 photograph taken under section 7.

25 Sec. 4. (1) All of the following shall register with the local

26 law enforcement agency, sheriff's department, or the department

27 immediately after becoming domiciled or temporarily residing,

1 working, or being a student in this state:

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

3 offense in another state or country after January 1, 2020.

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

5 offender in another state or country regardless of when the

6 conviction was entered.

7 (2) If a prosecution is pending on January 1, 2020, whether

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

9 act must be determined on the basis of the law in effect on January

10 1, 2020.

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

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

13 status in person to the registering authority having jurisdiction

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

15 the following occurs:

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

17 of higher education or the person discontinues that enrollment.

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

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

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

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

22 her studies at that location.

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

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

25 the registering authority having jurisdiction where his or her new

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

27 under subsection (1) occur.

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

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

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

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

5 States, or another country.

6 (4) The additional registration reports required under this

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

8 reports under that section.

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

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

11 require the person to pay the registration fee required under

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

13 of employment status, contractual relationship, volunteer status,

14 or student status. Written documentation under this subsection may

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

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

17 (b) A contract.

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

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

20 and participation at an institution of higher education is solely

21 through the mail or the internet from a remote location.

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

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

24 notify the registering authority having jurisdiction where his or

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

26 following occur:

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

1 domicile.

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

3 employment is discontinued.

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

5 higher education, or enrollment is discontinued.

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

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

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

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

10 message address, or any other designations used in internet

11 communications or postings.

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

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

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

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

16 authority having jurisdiction where his or her place of employment

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

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

19 employment or employment is discontinued.

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

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

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

23 maximum sentence, the department of corrections, before releasing

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

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

26 police.

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

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

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

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

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

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

6 department of corrections shall notify the local law enforcement

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

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

9 transferred residence or domicile of a person required to be

10 registered under this act:

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

12 program.

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

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

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

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

17 registering authority having jurisdiction where his or her

18 residence or domicile is located immediately before he or she

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

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

21 The department shall update the registration and compilation

22 databases and promptly notify the appropriate law enforcement

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

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

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

26 registering authority having jurisdiction where his or her

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

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

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

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

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

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

6 compilation databases created and maintained under the child abuse

7 offenders registry and promptly notify the appropriate law

8 enforcement agency and any applicable child abuse offender

9 registration authority.

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

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

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

13 a state correctional facility to any correctional facility or

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

15 shall promptly notify the department and the appropriate law

16 enforcement agency and any applicable registration authority in the

17 new state. The department shall update the registration and

18 compilation databases.

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

20 verification procedures and proof of residence procedures

21 prescribed in sections 5 and 7.

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

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

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

25 years.

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

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

1 civil commitment.

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

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

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

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

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

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

8 duties under this section and the procedure for registration,

9 notification, and verification and payment of the registration fee

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

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

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

13 file. The department of corrections shall forward the original

14 notice to the department immediately, regardless of whether the

15 person signs it.

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

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

18 person to the registering authority where the person is domiciled

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

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

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

22 person's month of birth.

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

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

25 the following schedule:

Birth Month

Reporting Months

January

January, April, July, and October

February

February, May, August, and November

March

March, June, September, and December

April

April, July, October, and January

May

May, August, November, and February

June

June, September, December, and March

July

July, October, January, and April

August

August, November, February, and May

September

September, December, March, and June

October

October, January, April, and July

November

November, February, May, and August

December

December, March, June, and September

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

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

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

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

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

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

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

19 person shall review all registration information for accuracy.

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

21 authorized employee of the registering authority shall verify the

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

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

24 also determine whether the person's photograph required under

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

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

27 officer or authorized employee shall require the person to

1 immediately obtain a current photograph under this section. When

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

3 or authorized employee shall review that information with the

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

5 officer or authorized employee determines are necessary based on

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

7 a verification receipt. The officer or authorized employee shall

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

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

10 verification information to the department in the manner the

11 department prescribes. The department shall revise the law

12 enforcement database and public internet website maintained under

13 the child abuse offenders registry act as necessary and shall

14 indicate verification in the public internet website maintained

15 under that act.

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

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

18 registration fee as follows:

19 (a) Upon initial registration.

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

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

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

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

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

25 registration fee for any future year for which an annual

26 registration fee is required. Prepaying any annual registration fee

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

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

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

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

4 month in which the fee is due.

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

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

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

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

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

10 or an official state personal identification card issued under 1972

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

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

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

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

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

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

17 other satisfactory proof of domicile or residence.

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

19 shall report to the secretary of state under this subsection

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

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

22 under this subsection if the person had a digitized photograph

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

24 personal identification card before January 1, 2020, or within 2

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

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

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

1 or chauffeur's license or official state personal identification

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

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

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

5 the digitized photograph available to the department for a

6 registration under this act.

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

8 section 5, the department shall notify all registering authorities

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

10 enforcement action as set forth in that act.

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

12 and verification procedures required under this section or under

13 the child abuse offenders registry act.

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

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

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

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

18 child abuse offenders registration fund created under subsection

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

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

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

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

23 shall credit the money received from the payment of the

24 registration fee prescribed under this act to the child abuse

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

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

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

1 internet website, and information required under the child abuse

2 offenders registry act, or notification and offender registration

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

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

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

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

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

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

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

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

11 the person is reporting.

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

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

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

15 officer or employee shall forward verification of the payment to

16 the department in the manner the department prescribes. The

17 department shall revise the law enforcement database and public

18 internet website maintained under the child abuse offenders

19 registry act as necessary and shall indicate verification of

20 payment in the compilation under that act.

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

22 fee prescribed under this act.

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

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

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

26 copy of the registration or notification at the time of

27 registration or notice.

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

2 receiving or accepting a registration under section 4 or notified

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

4 registration or notification to the department in a manner

5 described by the department immediately after registration or

6 notification.

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

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

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

10 registration fee must accompany each original registration. All of

11 the following information must be obtained or otherwise provided

12 for registration purposes:

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

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

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

16 program is only required to use the name and identifying

17 information reflecting his or her new identity in a registration

18 under this act. The registration and compilation databases created

19 and maintained under the child abuse offenders registry act must

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

21 or locale.

22 (b) The person's Social Security number and any Social

23 Security numbers or alleged Social Security numbers previously used

24 by the person.

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

26 previously used by the person.

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

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

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

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

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

5 will spend the majority of his or her time.

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

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

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

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

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

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

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

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

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

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

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

17 location, the information obtained under this subdivision must

18 include the general areas where the person works.

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

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

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

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

23 of higher education, including a trade school.

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

25 routinely used by the person.

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

27 identification card number.

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

2 immigration documents.

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

4 information, including any license that authorizes the person to

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

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

7 abuse offenses regardless of when the conviction occurred,

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

9 conviction was for a lesser offense.

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

11 (n) The photograph required under section 7.

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

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

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

15 palm prints or both taken not later than September 1, 2020 if his

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

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

18 fingerprints and palm prints to the Federal Bureau of Investigation

19 if not already on file with that bureau.

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

21 5.

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

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

24 or Michigan personal identification card, including the photograph

25 required under this act.

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

27 abuse offense for which the person is registered.

1 (c) Any outstanding arrest warrant information.

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

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

4 federal Combined DNA Index System (CODIS).

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

6 the dates of all arrests and convictions.

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

8 status of parole, probation, or supervised release.

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

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

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

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

13 registration information, the procedures for providing that notice,

14 and the verification procedures under section 7.

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

16 the registration and notice must be forwarded to the department

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

18 fee required under subsection (1).

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

20 registering the person or receiving or accepting a registration

21 under section 4 shall sign the registration form.

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

23 information concerning a registration, notice, or verification.

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

25 required under section 6 and the format for forwarding the

26 notification to the department.

27 (8) The department shall promptly provide registration,

1 notice, and verification information to the Federal Bureau of

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

3 departments, department posts, and other registering jurisdictions,

4 as provided by law.

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

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

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

8 follows:

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

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

11 not more than $2,000.00, or both.

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

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

14 not more than $5,000.00, or both.

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

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

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

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

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

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

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

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

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

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

25 not more than $1,000.00, or both.

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

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

1 90 days of the date the person reports under section 5 or 7 is

2 guilty of a misdemeanor punishable by imprisonment for not more

3 than 90 days.

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

5 probation who willfully violates this act.

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

7 released on parole who willfully violates this act.

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

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

10 of any of the following:

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

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

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

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

15 report is confidential and information from that registration or

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

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

18 information are exempt from disclosure under section 13 of the

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

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

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

22 who divulges, uses, or publishes nonpublic information concerning

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

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

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

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

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

1 responsible party for treble damages.

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

3 date it is enacted into law.

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

5 Senate Bill No. ____ or House Bill No. 4527 (request no. 00651'19)

6 of the 100th Legislature is enacted into law.