HB-5853, As Passed House, December 11, 2024
SUBSTITUTE FOR
HOUSE BILL NO. 5853
A bill to amend 1994 PA 295, entitled
"Sex offenders registration act,"
by amending section 2 (MCL 28.722), as amended by 2024 PA 66.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 2. As used in this act:
2 (a) "Convicted" means 1 of the following:
3 (i) Having a judgment of conviction or a probation order
4 entered in any court having jurisdiction over criminal offenses,
5 including, but not limited to, a tribal court or a military court.
6 Convicted does not include a conviction that was subsequently set
7 aside under 1965 PA 213, MCL 780.621 to 780.624, or otherwise
8 expunged.
9 (ii) Except as otherwise provided in this subparagraph, being
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1 assigned to youthful trainee status under sections 11 to 15 of
2 chapter II of the code of criminal procedure, 1927 PA 175, MCL
3 762.11 to 762.15, before October 1, 2004. An individual who is
4 assigned to and successfully completes a term of supervision under
5 sections 11 to 15 of chapter II of the code of criminal procedure,
6 1927 PA 175, MCL 762.11 to 762.15, is not convicted for purposes of
7 this act. This subparagraph does not apply if a petition was
8 granted under section 8c at any time allowing the individual to
9 discontinue registration under this act, including a reduced
10 registration period that extends to or past July 1, 2011,
11 regardless of the tier designation that would apply on and after
12 that date.
13 (iii) Having an order of disposition entered under section 18 of
14 chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.18,
15 that is open to the general public under section 28 of chapter XIIA
16 of the probate code of 1939, 1939 PA 288, MCL 712A.28, if both of
17 the following apply:
18 (A) The individual was 14 years of age or older at the time of
19 the offense.
20 (B) The order of disposition is for the commission of an
21 offense that would classify the individual as a tier III offender.
22 (iv) Having an order of disposition or other adjudication in a
23 juvenile matter in another state or country if both of the
24 following apply:
25 (A) The individual is 14 years of age or older at the time of
26 the offense.
27 (B) The order of disposition or other adjudication is for the
28 commission of an offense that would classify the individual as a
29 tier III offender.
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1 (b) "Custodial authority" means 1 or more of the following
2 apply:
3 (i) The actor was a member of the same household as the victim.
4 (ii) The actor was related to the victim by blood or affinity
5 to the fourth degree.
6 (iii) The actor was in a position of authority over the victim
7 and used this authority to coerce the victim to submit.
8 (iv) The actor was a teacher, substitute teacher, or
9 administrator of the public school, nonpublic school, school
10 district, or intermediate school district in which that other
11 person was enrolled.
12 (v) The actor was an employee or a contractual service
13 provider of the public school, nonpublic school, school district,
14 or intermediate school district in which that other person was
15 enrolled, or was a volunteer who was not a student in any public
16 school or nonpublic school, or was an employee of this state or of
17 a local unit of government of this state or of the United States
18 assigned to provide any service to that public school, nonpublic
19 school, school district, or intermediate school district, and the
20 actor used the actor's employee, contractual, or volunteer status
21 to gain access to, or to establish a relationship with, that other
22 person.
23 (vi) That other person was under the jurisdiction of the
24 department of corrections and the actor was an employee or a
25 contractual employee of, or a volunteer with, the department of
26 corrections who knew that the other person was under the
27 jurisdiction of the department of corrections and used the actor's
28 position of authority over the victim to gain access to or to
29 coerce or otherwise encourage the victim to engage in sexual
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1 contact.
2 (vii) That other person was under the jurisdiction of the
3 department of corrections and the actor was an employee or a
4 contractual employee of, or a volunteer with, a private vendor that
5 operated a youth correctional facility under section 20g of the
6 corrections code of 1953, 1953 PA 232, MCL 791.220g, who knew that
7 the other person was under the jurisdiction of the department of
8 corrections.
9 (viii) That other person was a prisoner or probationer under the
10 jurisdiction of a county for purposes of imprisonment or a work
11 program or other probationary program and the actor was an employee
12 or a contractual employee of, or a volunteer with, the county or
13 the department of corrections who knew that the other person was
14 under the county's jurisdiction and used the actor's position of
15 authority over the victim to gain access to or to coerce or
16 otherwise encourage the victim to engage in sexual contact.
17 (ix) The actor knew or had reason to know that a court had
18 detained the victim in a facility while the victim was awaiting a
19 trial or hearing, or committed the victim to a facility as a result
20 of the victim having been found responsible for committing an act
21 that would be a crime if committed by an adult, and the actor was
22 an employee or contractual employee of, or a volunteer with, the
23 facility in which the victim was detained or to which the victim
24 was committed.
25 (c) "Department" means the department of state police.
26 (d) "Employee" means an individual who is self-employed or
27 works for any other entity as a full-time or part-time employee,
28 contractual provider, or volunteer, regardless of whether the
29 individual is financially compensated.
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1 (e) "Felony" means that term as defined in section 1 of
2 chapter I of the code of criminal procedure, 1927 PA 174, 175, MCL
3 761.1.
4 (f) "Indigent" means an individual to whom 1 or more of the
5 following apply:
6 (i) The individual has been found by a court to be indigent
7 within the last 6 months.
8 (ii) The individual qualifies for and receives assistance from
9 the department of health and human services food assistance
10 program.
11 (iii) The individual demonstrates an annual income below the
12 current federal poverty guidelines.
13 (g) "Internet identifier" means all designations used for
14 self-identification or routing in internet communications or
15 posting.
16 (h) "Institution of higher education" means 1 or more of the
17 following:
18 (i) A public or private community college, college, or
19 university.
20 (ii) A public or private trade, vocational, or occupational
21 school.
22 (i) "Listed offense" means a tier I, tier II, or tier III
23 offense.
24 (j) "Local law enforcement agency" means the police department
25 of a municipality.
26 (k) "Minor" means a victim of a listed offense who was less
27 than 18 years of age at the time the offense was committed.
28 (l) "Municipality" means a city, village, or township of this
29 state.
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1 (m) "Registering authority" means the local law enforcement
2 agency or sheriff's office having jurisdiction over the
3 individual's residence, place of employment, or institution of
4 higher learning, or the nearest department post designated to
5 receive or enter sex offender registration information within a
6 registration jurisdiction.
7 (n) "Registration jurisdiction" means each of the 50 states,
8 the District of Columbia, the Commonwealth of Puerto Rico, Guam,
9 the Northern Mariana Islands, the United States Virgin Islands,
10 American Samoa, and the Indian tribes within the United States that
11 elect to function as a registration jurisdiction.
12 (o) "Residence", as used in this act, for registration and
13 voting purposes means that place at which a person habitually
14 sleeps, keeps the person's personal effects, and has a regular
15 place of lodging. If a person has more than 1 residence, or if a
16 person has a residence separate from that of the person's spouse,
17 that place at which the person resides the greater part of the time
18 must be the person's official residence for the purposes of this
19 act. If a person is homeless or otherwise lacks a fixed or
20 temporary residence, residence means the village, city, or township
21 where the person spends a majority of his or her the person's time.
22 This section does not affect existing judicial interpretation of
23 the term residence for purposes other than the purposes of this
24 act.
25 (p) "Student" means an individual enrolled on a full- or part-
26 time basis in a public or private educational institution,
27 including, but not limited to, a secondary school, trade school,
28 professional institution, or institution of higher education.
29 (q) "Tier I offender" means an individual convicted of a tier
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1 I offense who is not a tier II or tier III offender.
2 (r) "Tier I offense" means 1 or more of the following:
3 (i) A violation of section 145c(4) of the Michigan penal code,
4 1931 PA 328, MCL 750.145c.
5 (ii) A violation of section 335a(2)(b) of the Michigan penal
6 code, 1931 PA 328, MCL 750.335a, if a victim is a minor.
7 (iii) A violation of section 349b of the Michigan penal code,
8 1931 PA 328, MCL 750.349b, if the victim is a minor.
9 (iv) A violation of former section 449a(2) of the Michigan
10 penal code, 1931 PA 328. , MCL 750.449a.
11 (v) A violation of section 520e or 520g(2) of the Michigan
12 penal code, 1931 PA 328, MCL 750.520e and 750.520g, if the victim
13 is 18 years or older.
14 (vi) A violation of section 539j of the Michigan penal code,
15 1931 PA 328, MCL 750.539j, if a victim is a minor.
16 (vii) A violation of section 160d(1) of the Michigan penal
17 code, 1931 PA 328, MCL 750.160d.
18 (viii) Any other violation of a law of this state or a local
19 ordinance of a municipality, other than a tier II or tier III
20 offense, that by its nature constitutes a sexual offense against an
21 individual who is a minor.
22 (ix) An offense committed by a person who was, at the time of
23 the offense, a sexually delinquent person as defined in section 10a
24 of the Michigan penal code, 1931 PA 328, MCL 750.10a.
25 (x) An attempt or conspiracy to commit an offense described in
26 subparagraphs (i) to (ix).
27 (xi) An offense substantially similar to an offense described
28 in subparagraphs (i) to (x) under a law of the United States that is
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1 specifically enumerated in 34 USC 20911, under a law of any state
2 or any country, or under tribal or military law.
3 (s) "Tier II offender" means either of the following:
4 (i) A tier I offender who is subsequently convicted of another
5 offense that is a tier I offense.
6 (ii) An individual convicted of a tier II offense who is not a
7 tier III offender.
8 (t) "Tier II offense" means 1 or more of the following:
9 (i) A violation of section 145a of the Michigan penal code,
10 1931 PA 328, MCL 750.145a.
11 (ii) A violation of section 145b of the Michigan penal code,
12 1931 PA 328, MCL 750.145b.
13 (iii) A violation of section 145c(2) or (3) of the Michigan
14 penal code, 1931 PA 328, MCL 750.145c.
15 (iv) A violation of section 145d(1)(a) of the Michigan penal
16 code, 1931 PA 328, MCL 750.145d, except for a violation arising out
17 of a violation of section 157c of the Michigan penal code, 1931 PA
18 328, MCL 750.157c.
19 (v) A violation of section 158 of the Michigan penal code,
20 1931 PA 328, MCL 750.158, committed against a minor unless either
21 of the following applies:
22 (A) All of the following:
23 (I) The victim consented to the conduct constituting the
24 violation.
25 (II) The victim was at least 13 years of age but less than 16
26 years of age at the time of the violation.
27 (III) The individual is not more than 4 years older than the
28 victim.
29 (B) All of the following:
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1 (I) The victim consented to the conduct constituting the
2 violation.
3 (II) The victim was 16 or 17 years of age at the time of the
4 violation.
5 (III) The victim was not under the custodial authority of the
6 individual at the time of the violation.
7 (vi) A violation of section 338, 338a, or 338b of the Michigan
8 penal code, 1931 PA 328, MCL 750.338, 750.338a, and 750.338b,
9 committed against an individual 13 years of age or older but less
10 than 18 years of age. This subparagraph does not apply if the court
11 determines that either of the following applies:
12 (A) All of the following:
13 (I) The victim consented to the conduct constituting the
14 violation.
15 (II) The victim was at least 13 years of age but less than 16
16 years of age at the time of the violation.
17 (III) The individual is not more than 4 years older than the
18 victim.
19 (B) All of the following:
20 (I) The victim consented to the conduct constituting the
21 violation.
22 (II) The victim was 16 or 17 years of age at the time of the
23 violation.
24 (III) The victim was not under the custodial authority of the
25 individual at the time of the violation.
26 (vii) A violation of section 462e(a) of the Michigan penal
27 code, 1931 PA 328, MCL 750.462e.
28 (viii) A violation of section 448 of the Michigan penal code,
29 1931 PA 328, MCL 750.448, if the victim is a minor.
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1 (ix) A violation of section 455 of the Michigan penal code,
2 1931 PA 328, MCL 750.455.
3 (x) A violation of section 520c, 520e, or 520g(2) of the
4 Michigan penal code, 1931 PA 328, MCL 750.520c, 750.520e, and
5 750.520g, committed against an individual 13 years of age or older
6 but less than 18 years of age.
7 (xi) A violation of section 520c of the Michigan penal code,
8 1931 PA 328, MCL 750.520c, committed against an individual 18 years
9 of age or older.
10 (xii) An attempt or conspiracy to commit an offense described in
11 subparagraphs (i) to (xi).
12 (xiii) An offense substantially similar to an offense described
13 in subparagraphs (i) to (xii) under a law of the United States that
14 is specifically enumerated in 34 USC 20911, under a law of any
15 state or any country, or under tribal or military law.
16 (u) "Tier III offender" means either of the following:
17 (i) A tier II offender subsequently convicted of a tier I or II
18 offense.
19 (ii) An individual convicted of a tier III offense.
20 (v) "Tier III offense" means 1 or more of the following:
21 (i) A violation of section 338, 338a, or 338b of the Michigan
22 penal code, 1931 PA 328, MCL 750.338, 750.338a, and 750.338b,
23 committed against an individual less than 13 years of age.
24 (ii) A violation of section 349 of the Michigan penal code,
25 1931 PA 328, MCL 750.349, committed against a minor.
26 (iii) A violation of section 350 of the Michigan penal code,
27 1931 PA 328, MCL 750.350.
28 (iv) A violation of section 520b, 520d, or 520g(1) of the
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1 Michigan penal code, 1931 PA 328, MCL 750.520b, 750.520d, and
2 750.520g. This subparagraph does not apply if the court determines
3 that the victim consented to the conduct constituting the
4 violation, that the victim was at least 13 years of age but less
5 than 16 years of age at the time of the offense, and that the
6 individual is not more than 4 years older than the victim.
7 (v) A violation of section 520c or 520g(2) of the Michigan
8 penal code, 1931 PA 328, MCL 750.520c and 750.520g, committed
9 against an individual less than 13 years of age.
10 (vi) A violation of section 520e of the Michigan penal code,
11 1931 PA 328, MCL 750.520e, committed by an individual 17 years of
12 age or older against an individual less than 13 years of age.
13 (vii) A violation of section 160d(2) of the Michigan pen