SENATE BILL No. 289

 

 

April 30, 2019, Introduced by Senators HERTEL, BIZON, LUCIDO, ANANICH, BRINKS, BULLOCK, GEISS, RUNESTAD, ALEXANDER, BAYER, WOJNO, MCMORROW, POLEHANKI and HOLLIER and referred to the Committee on Judiciary and Public Safety.

 

 

 

     A bill to create the child abuse offenders registry; to

 

prescribe the powers and duties of certain departments and agencies

 

in connection with that registry; and to prescribe penalties and

 

sanctions.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

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

 

abuse offenders registry act".

 

     Sec. 2. As used in this act:

 

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

 

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

 

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

 

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

 

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

 

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.

 

     (b) "Convicted" means any 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,

 

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

 

MCL 780.621 to 780.624.

 

     (ii) Either of the following:

 

     (A) 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.

 

     (B) 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, if the individual's status of youthful

 

trainee is revoked and an adjudication of guilt is entered.

 

     (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.

 

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

 

     (d) "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.

 

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

of a municipality.

 

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

 

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

 

state.

 

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

 

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

 

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

 

or the nearest department post designated to receive or enter child

 

abuse offender registration information within a registration

 

jurisdiction.

 

     (i) "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.

 

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

 

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

 

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 spouse, the place where the person resides

 

the greater part of the time is his or her 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

 

time. This section must not be construed to affect existing

 

judicial interpretation of the term residence.

 

     (k) "Student" means a person 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.

 

     Sec. 3. (1) The department shall maintain a computerized law

 

enforcement database of registrations and notices required under

 

the child abuse offenders registration act. The law enforcement

 

database must contain all of the following information for each

 

person registered under that act:

 

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

 

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

 

known.

 

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

 

Security numbers or alleged Social Security numbers previously used

 

by the person.

 

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

 

previously used by the person.

 

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

 

the person does not have a residential address, information under

 

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

 

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

 

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

 

will spend the majority of his or her time.

 

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

 

used or to be used by the person during any period when the person

 

is away, or is expected to be away, from his or her residence for

 

more than 7 days. Information under this subdivision must include

 

the dates the lodging is used or to be used.

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

 

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

 

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

 

for his or her services. Information under this subsection must

 

include the address or location of employment if it differs from

 

the address of the employer.

 

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

 

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

 

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

 

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

 

of higher education, including a trade school.

 

     (h) All telephone numbers registered to the person or

 

routinely used by the person.

 

     (i) All electronic mail addresses and instant message

 

addresses assigned to the person or routinely used by the person.

 

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

 

immigration documents.

 

     (k) The person's occupational and professional licensing

 

information, including any license that authorizes the person to

 

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

 

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

 

abuse offenses regardless of when the conviction occurred,

 

including where the offense occurred and the original charge if the

 

conviction was for a lesser offense.

 

     (m) A complete physical description of the person.

 

     (n) The photograph required under section 7 of the child abuse

 

offender registration act.

     (o) The person's fingerprints and palm prints.

 

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

 

or Michigan personal identification card, including the photograph

 

required under section 7 of the child abuse offenders registration

 

act.

 

     (q) The text of the provision of law that defines the criminal

 

offense for which the person is registered.

 

     (r) Any outstanding arrest warrant information.

 

     (s) The person's registration status.

 

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

 

collected and any resulting DNA profile has been entered into the

 

federal Combined DNA Index System (CODIS).

 

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

 

the dates of all arrests and convictions.

 

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

 

the status of his or her parole, probation, or release.

 

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

 

     (2) The department shall maintain a public internet website

 

separate from the law enforcement database described in subsection

 

(1) to implement section 5(2) and (3). The public internet website

 

must contain all of the following information for each person

 

registered under the child abuse offenders registration act:

 

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

 

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

 

known.

 

     (b) The person's date of birth.

 

     (c) The address where the person resides. If the person does

not have a residential address, information under this subsection

 

must identify the village, city, or township used by the person in

 

lieu of a residence.

 

     (d) The address of each of the person's employers. For

 

purposes of this subdivision, "employer" includes a contractor and

 

any person who has agreed to hire or contract with the person for

 

his or her services. Information under this subsection must include

 

the address or location of employment if it differs from the

 

address of the employer.

 

     (e) The address of any school being attended by the person and

 

any school that has accepted the person as a student that he or she

 

plans to attend. For purposes of this subdivision, "school" means a

 

public or private postsecondary school or school of higher

 

education, including a trade school.

 

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

 

abuse offenses regardless of when the conviction occurred.

 

     (g) A complete physical description of the person.

 

     (h) The photograph required under section 7 of the child abuse

 

offenders registration act. If no photograph is available, the

 

department shall use an arrest photograph or Michigan department of

 

corrections photograph until a photograph as prescribed in section

 

7 of the child abuse offenders registration act becomes available.

 

     (i) The text of the provision of law that defines the criminal

 

offense for which the person is registered.

 

     (j) The person's registration status.

 

     (3) The following information must not be made available on

 

the public internet website described in subsection (2):

     (a) The identity of any victim of the offense.

 

     (b) The person's Social Security number.

 

     (c) Any arrests not resulting in a conviction.

 

     (d) Any travel or immigration document numbers.

 

     (e) Any electronic mail addresses and instant message

 

addresses assigned to the person or routinely used by the person

 

and any login names or other identifiers used by the person when

 

using any electronic mail address or instant messaging system.

 

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

 

identification card number.

 

     (4) The compilation of persons must be indexed alphabetically

 

by village, city, township, and county, numerically by zip code

 

area, and geographically as determined appropriate by the

 

department.

 

     (5) The department shall update the public internet website

 

with new registrations, deletions from registrations, and address

 

changes at the same time those changes are made to the law

 

enforcement database described in subsection (1). The department

 

shall make the law enforcement database available to each

 

department post, local law enforcement agency, and sheriff's

 

department by the law enforcement information network. Upon request

 

of a department post, local law enforcement agency, or sheriff's

 

department, the department shall provide to that post, agency, or

 

sheriff's department the information from the law enforcement

 

database in printed or electronic form for the designated areas

 

located in whole or in part within the post's, agency's, or

 

sheriff's department's jurisdiction. The department shall provide

the ability to conduct a computerized search of the law enforcement

 

database and the public internet website based upon the name and

 

campus location of an institution of higher education.

 

     (6) The department shall make the law enforcement database

 

available to a department post, local law enforcement agency, or

 

sheriff's department by electronic, computerized, or other similar

 

means accessible to the post, agency, or sheriff's department. The

 

department shall make the public internet website available to the

 

public by electronic, computerized, or other similar means

 

accessible to the public. The electronic, computerized, or other

 

similar means must provide for a search by name, village, city,

 

township, and county designation, zip code, and geographical area.

 

     (7) If a court determines that the public availability under

 

section 5 of any information concerning persons registered under

 

the child abuse offenders registration act violates the

 

Constitution of the United States or state constitution of 1963,

 

the department shall revise the public internet website described

 

in subsection (2) so that it does not contain that information.

 

     (8) If the department determines that a person has completed

 

his or her registration period or that he or she otherwise is no

 

longer required to register under the child abuse offenders

 

registration act, the department shall remove the person's

 

registration information from both the law enforcement database and

 

the public internet website within 7 days after making that

 

determination.

 

     Sec. 4. (1) If a person fails to register or to update his or

 

her registration information as required under the child abuse

offenders registration act, the local law enforcement agency,

 

sheriff's office, or department post responsible for registering

 

the person or for verifying and updating his or her registration

 

information shall do all of the following immediately after the

 

date the person was required to register or to update his or her

 

registration information:

 

     (a) Determine whether the person has absconded or is otherwise

 

unlocatable.

 

     (b) If the registering authority was notified by a

 

registration jurisdiction that the person was to appear in order to

 

register or update his or her registration information in the

 

jurisdiction of the registering authority, notify the department in

 

a manner prescribed by the department that the person failed to

 

appear as required.

 

     (c) Revise the information in the registry to reflect that the

 

person has absconded or is otherwise unlocatable.

 

     (d) Seek a warrant for the person's arrest if the legal

 

requirements for obtaining a warrant are satisfied.

 

     (e) Enter the person into the National Crime Information

 

Center wanted person file if the requirements for entering

 

information into that file are met.

 

     (2) If a person fails to register or to update his or her

 

registration information as required under the child abuse

 

offenders registration act, the department shall do all of the

 

following immediately after being notified by the registering

 

authority that the person failed to appear as required:

 

     (a) Notify that other registration jurisdiction that the

person failed to appear as required.

 

     (b) Notify the United States Marshal's Service in the manner

 

required by the United States Marshal's Service of the person's

 

failure to appear as required.

 

     Sec. 5. (1) Except as provided in this act, a registration or

 

report is confidential and information from that registration or

 

report 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.

 

     (2) A department post, local law enforcement agency, or

 

sheriff's department shall make information from the public

 

internet website described in section 3(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 shall make information from the public

 

internet website described in section 3(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 a person who is the

 

subject of the public internet website described in section 3(2)

 

initially registers under the child abuse offenders registration

 

act, or changes his or her registration under that 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, a person other than the

 

registrant who knows of a registration or report under the child

 

abuse offenders registration 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) A person 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 3(2) or information from that

 

public internet website that is provided or made available under

 

section 3(2) or under subsection (2) or (3).

 

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

 

date it is enacted into law.

 

     Enacting section 2. This act does not take effect unless

 

Senate Bill No. 290 of

 

the 100th Legislature is enacted into law.

 

     Enacting section 3. This act must be known and may be cited as

 

"Wyatt's Law".