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LAWS ENACTED, AND WORTH MENTIONING ›
·
Was Senate Bill 128, Passed into Law as Public Act 46
of 2006 (effective January 1, 2007): Criminal
procedure; sex offender registration; notification by e-mail to certain
individuals when a registered sex offender relocates into or within a certain proximity of a zip code; require. Amends sec. 10
of 1994 PA 295 (MCL 28.730).
The bill
would amend the Sex Offenders Registration Act (MCL 28.730) to require the Michigan State Police to
develop a subscriber system under which members of the public who were subscribers would
be notified by electronic or computerized means when a registered sex offender
initially registered under the act, or changed his or her registration, to a
location within a zip code area that they had designated. A person would have to subscribe in
a manner required by the department.
·
Was House Bill 4932, Passed into Law as Public Act 127
of 2005 (effective January 1, 2006): Corrections; parole; student
safety zones; establish. Amends title of 1994 PA 295 (MCL 28.721 - 28.732) & adds headings for arts. I
& II & adds art. III.
This
law prohibits most registered offenders from living within 1000 feet of a
school. Those living within 1000 feet when the law goes into effect do not have
to move, but they may not initiate or maintain contact with a minor within the
school safety zone. Some juveniles and HYTA excluded from these requirements.
·
Was Senate Bill 617, Passed into law as Public Act 121
of 2005 (effective January 1, 2006): Corrections; parole; student
safety zones; establish. Amends title of 1994 PA 295 (MCL 28.721 - 28.732) & adds headings for arts. I
& II & adds art. III.
This
law prohibits most registered offenders from working or loitering within 1000
feet of a school. Those working within 1000 feet when the law goes into effect
do not have to quit their jobs, but they may not initiate or maintain contact
with a minor within the school safety zone. Some juveniles and HYTA excluded
from these requirements.
·
Was House Bill 5195, Passed into Law as Public Act 238
of 2004 (effective May 1, 2005): Criminal procedure; sex offender
registration; photographs of sex offenders to be placed on public sex offenders
registry; require. Amends sec. 8 of 1994 PA 295 (MCL 28.728).
·
Was Senate Bill 1167, Passed into law as Public Act
237 of 2004 (effective 10/16/2004): Criminal
procedure; sex offender registration; registration fee for registrant on the
public sex offender registry; assess. Amends title & secs.
4, 4a, 5a, 7 & 9 of 1994 PA 295 (MCL 28.724 et seq.) & adds secs. 5b & 5c. TIE BAR WITH: HB 4920'03HB 5195'03HB 5240'03
This legislation mandates that
every registered offender has to pay a $35 one-time fee,
·
Was House Bill 4920, Passed into law as Public Act 240
of 2004 (effective October 1, 2004): Criminal procedure; sex
offender registration; sex offender registration requirements for certain
youthful offenders; revise. Amends secs. 2, 4, 5, 5a,
8 & 10 of 1994 PA 295 (MCL 28.722 et seq.); adds secs.
8c & 8d & repeals secs. 8a & 8b of 1994
PA 295 (MCL 28.728a & 28.728b). TIE BAR WITH: HB 5195'03HB 5240'03SB 1167'04.
This law addresses the
opportunity for some who were adjudicated as juveniles to petition to be
removed from their registration responsibilities. Those sentenced to HYTA prior
to
·
Was House Bill 5240, Passed into law as Public Act 239
of 2004 (effective October 1, 2004): Criminal procedure; sex
offender registration; registration requirements; eliminate for certain
individuals. Amends secs. 11, 13 & 14, ch. II of 1927 PA 175 (MCL 762.11 et seq.). TIE BAR WITH: HB 4920'03.
This law changes who can qualify for sentencing under HYTA (Holmes Youthful
Trainee Act) and restricts many who have been charged with a CSC. Anyone
qualifying for HYTA after
All those who have to
register on the public internet registry are scheduled to have their pictures
put on the registry
·
Was House Bill
5199, Passed into law as Public Act 32 of 2004 (effective
In
the criminal procedure when a person goes to trial, whether before a judge
or a jury and is then convicted of the charge (means s/he is guilty, or accepts
a plea of nolo contendere),
there is a period of time before sentencing (weeks, months, etc.). Current law
permits lawyers to ask the judge for bail for that person while s/he is
awaiting sentencing.
Further, after sentencing a person may appeal their conviction, current law
permits the appellate attorney to ask the court for bail for his/her client
until the Court of Appeals makes a decision in the appeal.
For either of the above circumstances,
this bill seeks to eliminate possibility of bail if the conviction was for a
sex crime involving a minor.
·
Was Senate Bill 943, Passed into law as Public Act 165
of 2004 (Effective: 6/24/2004): Education; curricula;
requirements for instruction in sex education; revise. Amends secs. 1169 & 1507 of 1976 PA 451 (MCL 380.1169 & 380.1507) & adds sec. 1507b.
Among other thing this law
states that “The sex education material also would have to ensure that pupils
were taught the laws of the State pertaining to sexual activity, including, but
not limited to, those relating to sodomy, lewd and lascivious cohabitation or
behavior, indecent exposure, gross indecency, and criminal sexual conduct in
the first, second, third, and fourth degrees. Further, the material would have
to include information clearly informing pupils that having sex or sexual
contact with an individual under the age of 16 is a crime punishable by
imprisonment and that one of the other results of being convicted of this crime
is to be listed on the sex offender registry on the Internet for at least 25
years. The bill provides that these requirements would not prohibit a public
school from offering sex education with behavioral risk reduction strategies as
defined by law”.
·
Was House Bill 4360, Passed into law as Public Act 192
of 2003 (Effective: 1/1/2004): Crimes; obscenity;
disseminating sexually explicit matter to a minor; include allowing minor to
examine and require businesses to display sexually explicit matter only in
restricted areas. Amends secs. 1, 3, 5, 6 & 7 of 1978 PA 33 (MCL 722.671 et seq.) & repeals sec. 1a of
1978 PA 33 (MCL 722.671a).
Under
the bill, makes it a misdemeanor for a manager of a business enterprise that
sold “sexually explicit visual material” that visually
depicted sexual intercourse or sadomasochistic abuse and was harmful to minors,
if he or she either 1) knowingly
permitted a minor who was not accompanied by a parent or guardian to view the material, or 2) displayed the material knowing its nature,
except in a restricted
area. The bill also
would increase the maximum term of imprisonment from 90 to 93 days, and would retain the $5,000 maximum fine.
·
Was Senate Bill 516 Passed into law as Public Act 222
of 2003 (Effective 12/2/2003): Children;
adoption; convicted sex offenders; prohibit from adopting children. Amends sec.
22a, ch. X of 1939 PA 288 (MCL 710.22a).
Amends the
·
Was House Bill 4401 Passed into law as Public Act 158
of 2003: Within this appropriations law is a section that
appropriates funding for teaching of sex education. A portion of that law needs
to be mentioned:
Sec.
166a. (1) In order to avoid forfeiture of state aid
under subsection (2), the board of a district or intermediate district
providing reproductive health or other sex education instruction under section
1169, 1506, or 1507 of the revised school code, MCL 380.1169, 380.1506, and
380.1507, or under any other provision of law, shall ensure that all of the
following are met:
(a) That the district or intermediate district does not provide any of the
instruction to a pupil who is less than 18 years of age unless the district or
intermediate district notifies the pupil's parent or legal guardian in advance
of the instruction and the content of the instruction, gives the pupil's
parent or legal guardian a prior opportunity to review the materials to be used
in the instruction, allows the pupil's parent or legal guardian to observe the
instruction, and notifies the pupil's parent or legal guardian in advance of
his or her rights to observe the instruction and to have the pupil excused from
the instruction.
(b) That, upon the written request of a pupil's parent or legal guardian or
of a pupil if the pupil is at least age 18, the pupil shall be excused,
without penalty or loss of academic credit, from attending class sessions in
which the instruction is provided.
(c) That the sex education instruction includes information clearly
informing pupils that having sex or sexual contact with an individual under the
age of 16 is a crime punishable by imprisonment, and that 1 of the other
results of being convicted of this crime is to be listed on the sex offender
registry on the internet for at least 25 years.
(2) A district or intermediate district.
Revised: