HOUSE BILL NO. 4857
August 29, 2019, Introduced by Rep. Miller and referred to the Committee on Appropriations.
A bill to amend 1994 PA 295, entitled
"Sex offenders registration act,"
by amending section 5a (MCL 28.725a), as amended by 2013 PA 149.
the people of the state of michigan enact:
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Sec. 5a. (1) The department shall mail a notice to each individual registered under this act who is not in a state correctional facility explaining the individual's duties under this act as amended.
(2) Upon the release of an individual registered under this
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act who is in a state correctional facility, the department of corrections shall provide written notice to that individual explaining his or her duties under this section and this act as amended and the procedure for registration, notification, and verification and payment of the registration fee prescribed under subsection (6) or section 7(1). The individual shall sign and date the notice. The department of corrections shall maintain a copy of the signed and dated notice in the individual's file. The department of corrections shall forward the original notice to the department immediately, regardless of whether the individual signs it.
(3) Subject to subsection (4), an individual required to be registered under this act who is not incarcerated shall report in person to the registering authority where he or she is domiciled or resides for verification of domicile or residence as follows:
(a) If the individual is a tier I offender, the individual shall report once each year during the individual's month of birth.
(b) If the individual is a tier II offender, the individual shall report twice each year according to the following schedule:
Birth Month
Reporting Months
January
January and July
February
February and August
March
March and September
April
April and October
May
May and November
June
June and December
July
January and July
August
February and August
September
March and September
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October
April and October
November
May and November
December
June and December
(c) If the individual is a tier III offender, the individual shall report 4 times each year according to 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
(4) A report under subsection (3) shall must be made no earlier than the first day or later than the last day of the month in which the individual is required to report. However, if the registration period for that individual expires during the month in which he or she is required to report under this section, the individual shall report during that month on or before the date his or her registration period expires. When an individual reports under subsection (3), the individual shall review all registration information for accuracy.
(5) When an individual reports under subsection (3), an officer or authorized employee of the registering authority shall
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verify the individual's residence or domicile and any information required to be reported under section 4a. The officer or authorized employee shall also determine whether the individual's photograph required under this act matches the appearance of the individual sufficiently to properly identify him or her from that photograph. If not, the officer or authorized employee shall require the individual to immediately obtain a current photograph under this section. When all of the verification information has been provided, the officer or authorized employee shall review that information with the individual and make any corrections, additions, or deletions the officer or authorized employee determines are necessary based on the review. The officer or authorized employee shall sign and date a verification receipt. The officer or authorized employee shall give a copy of the signed receipt showing the date of verification to the individual. The officer or authorized employee shall forward verification information to the department in the manner the department prescribes. The department shall revise the law enforcement database and public internet website maintained under section 8 as necessary and shall indicate verification in the public internet website maintained under section 8(2).
(6) Except as otherwise provided in section 5b, an individual who reports as prescribed under subsection (3) shall pay a $50.00 registration fee as follows:
(a) Upon initial registration.
(b) Annually following the year of initial registration. The payment of the registration fee under this subdivision shall must be made at the time the individual reports in the first reporting month for that individual as set forth in subsection (3) of each
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year in which the fee applies, unless an individual elects to prepay an annual registration fee for any future year for which an annual registration fee is required. Prepaying any annual registration fee shall must not change or alter the requirement of an individual to report as set forth in subsection (3). The payment of the registration fee under this subdivision is not required to be made for any registration year that has expired before January 1, 2014 or to be made by any individual initially required to register under this act after January 1, 2019. 2023. The registration fee required to be paid under this subdivision shall must not be prorated on grounds that the individual will complete his or her registration period after the month in which the fee is due.
(c) The sum of the amounts required to be paid under subdivisions (a) and (b) shall must not exceed $550.00.
(7) An individual required to be registered under this act shall maintain either a valid operator's or chauffeur's license issued under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or an official state personal identification card issued under 1972 PA 222, MCL 28.291 to 28.300, with the individual's current address. The license or card may be used as proof of domicile or residence under this section. In addition, the officer or authorized employee may require the individual to produce another document bearing his or her name and address, including, but not limited to, voter registration or a utility or other bill. The department may specify other satisfactory proof of domicile or residence.
(8) An individual registered under this act who is incarcerated shall report to the secretary of state under this
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subsection immediately after he or she is released to have his or her digitalized photograph taken. The individual is not required to report under this subsection if he or she had a digitized photograph taken for an operator's or chauffeur's license or official state personal identification card before January 1, 2000, or within 2 years before he or she is released unless his or her appearance has changed from the date of that photograph. Unless the person is a nonresident, the photograph shall must be used on the individual's operator's or chauffeur's license or official state personal identification card. The individual shall have a new photograph taken when he or she renews the license or identification card as provided by law, or as otherwise provided in this act. The secretary of state shall make the digitized photograph available to the department for a registration under this act.
(9) If an individual does not report under this section or under section 4a, the department shall notify all registering authorities as provided in section 8a and initiate enforcement action as set forth in that section.
(10) The department shall prescribe the form for the notices and verification procedures required under this section.