HOUSE BILL NO. 5869
June 27, 2024, Introduced by Reps. Roth, Bezotte, Tyrone Carter, Wilson and VanderWall and
referred to the Committee on Criminal Justice.
A bill to amend 1994 PA 295, entitled
"Sex offenders registration act,"
by amending sections 2, 5, 8c, and 10 (MCL 28.722, 28.725, 28.728c,
and 28.730), sections 2 and 5 as amended by 2020 PA 295 and
sections 8c and 10 as amended by 2011 PA 18.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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
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1 entered in any court having jurisdiction over criminal offenses,
2 including, but not limited to, a tribal court or a military court.
3 Convicted does not include a conviction that was subsequently set
4 aside under 1965 PA 213, MCL 780.621 to 780.624, or otherwise
5 expunged.
6 (ii) Except as otherwise provided in this subparagraph, being
7 assigned to youthful trainee status under sections 11 to 15 of
8 chapter II of the code of criminal procedure, 1927 PA 175, MCL
9 762.11 to 762.15, before October 1, 2004. An individual who is
10 assigned to and successfully completes a term of supervision under
11 sections 11 to 15 of chapter II of the code of criminal procedure,
12 1927 PA 175, MCL 762.11 to 762.15, is not convicted for purposes of
13 this act. This subparagraph does not apply if a petition was
14 granted under section 8c at any time allowing the individual to
15 discontinue registration under this act, including a reduced
16 registration period that extends to or past July 1, 2011,
17 regardless of the tier designation that would apply on and after
18 that date.
19 (iii) Having an order of disposition entered under section 18 of
20 chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.18,
21 that is open to the general public under section 28 of chapter XIIA
22 of the probate code of 1939, 1939 PA 288, MCL 712A.28, if both of
23 the following apply:
24 (A) The individual was 14 years of age or older at the time of
25 the offense.
26 (B) The order of disposition is for the commission of an
27 offense that would classify the individual as a tier III offender.
28 (iv) Having an order of disposition or other adjudication in a
29 juvenile matter in another state or country if both of the
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1 following apply:
2 (A) The individual is 14 years of age or older at the time of
3 the offense.
4 (B) The order of disposition or other adjudication is for the
5 commission of an offense that would classify the individual as a
6 tier III offender.
7 (b) "Custodial authority" means 1 or more of the following
8 apply:
9 (i) The actor was a member of the same household as the victim.
10 (ii) The actor was related to the victim by blood or affinity
11 to the fourth degree.
12 (iii) The actor was in a position of authority over the victim
13 and used this authority to coerce the victim to submit.
14 (iv) The actor was a teacher, substitute teacher, or
15 administrator of the public school, nonpublic school, school
16 district, or intermediate school district in which that other
17 person was enrolled.
18 (v) The actor was an employee or a contractual service
19 provider of the public school, nonpublic school, school district,
20 or intermediate school district in which that other person was
21 enrolled, or was a volunteer who was not a student in any public
22 school or nonpublic school, or was an employee of this state or of
23 a local unit of government of this state or of the United States
24 assigned to provide any service to that public school, nonpublic
25 school, school district, or intermediate school district, and the
26 actor used his or her the actor's employee, contractual, or
27 volunteer status to gain access to, or to establish a relationship
28 with, that other person.
29 (vi) That other person was under the jurisdiction of the
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1 department of corrections and the actor was an employee or a
2 contractual employee of, or a volunteer with, the department of
3 corrections who knew that the other person was under the
4 jurisdiction of the department of corrections and used his or her
5 the person's position of authority over the victim to gain access
6 to or to coerce or otherwise encourage the victim to engage in
7 sexual contact.
8 (vii) That other person was under the jurisdiction of the
9 department of corrections and the actor was an employee or a
10 contractual employee of, or a volunteer with, a private vendor that
11 operated a youth correctional facility under section 20g of the
12 corrections code of 1953, 1953 PA 232, MCL 791.220g, who knew that
13 the other person was under the jurisdiction of the department of
14 corrections.
15 (viii) That other person was a prisoner or probationer under the
16 jurisdiction of a county for purposes of imprisonment or a work
17 program or other probationary program and the actor was an employee
18 or a contractual employee of, or a volunteer with, the county or
19 the department of corrections who knew that the other person was
20 under the county's jurisdiction and used his or her the person's
21 position of authority over the victim to gain access to or to
22 coerce or otherwise encourage the victim to engage in sexual
23 contact.
24 (ix) The actor knew or had reason to know that a court had
25 detained the victim in a facility while the victim was awaiting a
26 trial or hearing, or committed the victim to a facility as a result
27 of the victim having been found responsible for committing an act
28 that would be a crime if committed by an adult, and the actor was
29 an employee or contractual employee of, or a volunteer with, the
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1 facility in which the victim was detained or to which the victim
2 was committed.
3 (c) "Department" means the department of state police.
4 (d) "Employee" means an individual who is self-employed or
5 works for any other entity as a full-time or part-time employee,
6 contractual provider, or volunteer, regardless of whether he or she
7 the individual is financially compensated.
8 (e) "Felony" means that term as defined in section 1 of
9 chapter I of the code of criminal procedure, 1927 PA 174, MCL
10 761.1.
11 (f) "Indigent" means an individual to whom 1 or more of the
12 following circumstances apply:
13 (i) He or she The individual has been found by a court to be
14 indigent within the last 6 months.
15 (ii) He or she The individual qualifies for and receives
16 assistance from the department of health and human services food
17 assistance program.
18 (iii) He or she The individual demonstrates an annual income
19 below the current federal poverty guidelines.
20 (g) "Internet identifier" means all designations used for
21 self-identification or routing in internet communications or
22 posting.
23 (h) "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
28 school.
29 (i) "Listed offense" means a tier I, tier II, or tier III
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1 offense.
2 (j) "Local law enforcement agency" means the police department
3 of a municipality.
4 (k) "Minor" means a victim of a listed offense who was less
5 than 18 years of age at the time the offense was committed.
6 (l) "Municipality" means a city, village, or township of this
7 state.
8 (m) "Registering authority" means the local law enforcement
9 agency or sheriff's office having jurisdiction over the
10 individual's residence, place of employment, or institution of
11 higher learning, education, or the nearest department post
12 designated to receive or enter sex offender registration
13 information within a registration jurisdiction.
14 (n) "Registration jurisdiction" means each of the 50 states,
15 the District of Columbia, the Commonwealth of Puerto Rico, Guam,
16 the Northern Mariana Islands, the United States Virgin Islands,
17 American Samoa, and the Indian tribes within the United States that
18 elect to function as a registration jurisdiction.
19 (o) "Residence", as used in this act, for registration and
20 voting purposes means that place at which a person habitually
21 sleeps, keeps his or her the person's personal effects, and has a
22 regular place of lodging. If a person has more than 1 residence, or
23 if a person has a residence separate from that of his or her
24 husband or wife, the person's spouse, that place at which the
25 person resides the greater part of the time must be his or her the
26 person's official residence for the purposes of this act. If a
27 person is homeless or otherwise lacks a fixed or temporary
28 residence, residence means the village, city, or township where the
29 person spends a majority of his or her the person's time. This
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1 section shall must not be construed to affect existing judicial
2 interpretation of the term residence for purposes other than the
3 purposes of this act.
4 (p) "Student" means an individual enrolled on a full- or part-
5 time basis in a public or private educational institution,
6 including, but not limited to, a secondary school, trade school,
7 professional institution, or institution of higher education.
8 (q) "Tier I offender" means an individual convicted of a tier
9 I offense who is not a tier II or tier III offender.
10 (r) "Tier I offense" means 1 or more of the following:
11 (i) A violation of section 145c(4) of the Michigan penal code,
12 1931 PA 328, MCL 750.145c.
13 (ii) A violation of section 335a(2)(b) of the Michigan penal
14 code, 1931 PA 328, MCL 750.335a, if a victim is a minor.
15 (iii) A violation of section 349b of the Michigan penal code,
16 1931 PA 328, MCL 750.349b, if the victim is a minor.
17 (iv) A violation of section 449a(2) of the Michigan penal code,
18 1931 PA 328, MCL 750.449a.
19 (v) A violation of section 520e or 520g(2) of the Michigan
20 penal code, 1931 PA 328, MCL 750.520e and 750.520g, if the victim
21 is 18 years or older.
22 (vi) A violation of section 539j of the Michigan penal code,
23 1931 PA 328, MCL 750.539j, if a victim is a minor.
24 (vii) Any other violation of a law of this state or a local
25 ordinance of a municipality, other than a tier II or tier III
26 offense, that by its nature constitutes a sexual offense against an
27 individual who is a minor.
28 (viii) An offense committed by a person who was, at the time of
29 the offense, a sexually delinquent person as defined in section 10a
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1 of the Michigan penal code, 1931 PA 328, MCL 750.10a.
2 (ix) An attempt or conspiracy to commit an offense described in
3 subparagraphs (i) to (viii).
4 (x) An offense substantially similar to an offense described
5 in subparagraphs (i) to (ix) under a law of the United States that is
6 specifically enumerated in 42 USC 16911, 34 USC 20911, under a law
7 of any state or any country, or under tribal or military law.
8 (s) "Tier II offender" means either of the following:
9 (i) A tier I offender who is subsequently convicted of another
10 offense that is a tier I offense.
11 (ii) An individual convicted of a tier II offense who is not a
12 tier III offender.
13 (t) "Tier II offense" means 1 or more of the following:
14 (i) A violation of section 145a of the Michigan penal code,
15 1931 PA 328, MCL 750.145a.
16 (ii) A violation of section 145b of the Michigan penal code,
17 1931 PA 328, MCL 750.145b.
18 (iii) A violation of section 145c(2) or (3) of the Michigan
19 penal code, 1931 PA 328, MCL 750.145c.
20 (iv) A violation of section 145d(1)(a) of the Michigan penal
21 code, 1931 PA 328, MCL 750.145d, except for a violation arising out
22 of a violation of section 157c of the Michigan penal code, 1931 PA
23 328, MCL 750.157c.
24 (v) A violation of section 158 of the Michigan penal code,
25 1931 PA 328, MCL 750.158, committed against a minor unless either
26 of the following applies:
27 (A) All of the following:
28 (I) The victim consented to the conduct constituting the
29 violation.
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1 (II) The victim was at least 13 years of age but less than 16
2 years of age at the time of the violation.
3 (III) The individual is not more than 4 years older than the
4 victim.
5 (B) All of the following:
6 (I) The victim consented to the conduct constituting the
7 violation.
8 (II) The victim was 16 or 17 years of age at the time of the
9 violation.
10 (III) The victim was not under the custodial authority of the
11 individual at the time of the violation.
12 (vi) A violation of section 338, 338a, or 338b of the Michigan
13 penal code, 1931 PA 328, MCL 750.338, 750.338a, and 750.338b,
14 committed against an individual 13 years of age or older but less
15 than 18 years of age. This subparagraph does not apply if the court
16 determines that either of the following applies:
17 (A) All of the following:
18 (I) The victim consented to the conduct constituting the
19 violation.
20 (II) The victim was at least 13 years of age but less than 16
21 years of age at the time of the violation.
22 (III) The individual is not more than 4 years older than the
23 victim.
24 (B) All of the following:
25 (I) The victim consented to the conduct constituting the
26 violation.
27 (II) The victim was 16 or 17 years of age at the time of the
28 violation.
29 (III) The victim was not under the custodial authority of the
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1 individual at the time of the violation.
2 (vii) A violation of section 462e(a) of the Michigan penal
3 code, 1931 PA 328, MCL 750.462e.
4 (viii) A violation of section 448 of the Michigan penal code,
5 1931 PA 328, MCL 750.448, if the victim is a minor.
6 (ix) A violation of section 455 of the Michigan penal code,
7 1931 PA 328, MCL 750.455.
8 (x) A violation of section 520c, 520e, or 520g(2) of the
9 Michigan penal code, 1931 PA 328, MCL 750.520c, 750.520e, and
10 750.520g, committed against an individual 13 years of age or older
11 but less than 18 years of age.
12 (xi) A violation of section 520c committed against an
13 individual 18 years of age or older.
14 (xii) An attempt or conspiracy to commit an offense described in
15 subparagraphs (i) to (xi).
16 (xiii) An offense substantially similar to an offense described
17 in subparagraphs (i) to (xii) under a law of the United States that
18 is specifically enumerated in 42 USC 16911, 34 USC 20911, under a
19 law of any state or any country, or under tribal or military law.
20 (u) "Tier III offender" means either of the following:
21 (i) A tier II offender subsequently convicted of a tier I or II
22 offense.
23 (ii) An Except as otherwise provided in this subparagraph, an
24 individual convicted of a tier III offense. Tier III offender does
25 not include an individual to whom subdivision (a)(iii) or (iv) applies
26 if the individual was convicted of 1 or more of the following:
27 (A) A violation of section 338, 338a, or 338b of the Michigan
28 penal code, 1931 PA 328, MCL 750.338, 750.338a, and 750.338b.
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1 (B) A violation of section 349 of the Michigan penal code,
2 1931 PA 328, MCL 750.349.
3 (C) A violation of section 350 of the Michigan penal code,
4 1931 PA 328, MCL 750.350.
5 (D) A violation of section 520b(1)(a) or (b)(i) or (ii) of the
6 Michigan penal code, 1931 PA 328, MCL 750.520b.
7 (E) A violation of section 520c of the Michigan penal code,
8 1931 PA 328, MCL 750.520c.
9 (F) A violation of section 520d(1)(a) or (d) of the Michigan
10 penal code, 1931 PA 328, MCL 750.520d.
11 (G) A violation of section 520g(2) of the Michigan penal code,
12 1931 PA 328, MCL 750.520g.
13 (v) "Tier III offense" means 1 or more of the following:
14 (i) A violation of section 338, 338a, or 338b of the Michigan
15 penal code, 1931 PA 328, MCL 750.338, 750.338a, and 750.338b,
16 committed aga