Bill Text: MI HB5942 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Criminal procedure; other; animal abuse offenders registry; create. Creates new act.
Spectrum: Moderate Partisan Bill (Republican 10-2)
Status: (Introduced - Dead) 2012-09-27 - Printed Bill Filed 09/26/2012 [HB5942 Detail]
Download: Michigan-2011-HB5942-Introduced.html
HOUSE BILL No. 5942
September 25, 2012, Introduced by Reps. Muxlow, Hughes, LaFontaine, Callton, Zorn, Ananich, Ouimet, Damrow, Foster, Stapleton, Wayne Schmidt and Gilbert and referred to the Committee on Judiciary.
A bill to require individuals convicted of animal abuse
offenses to register; to provide for the powers and duties of
certain state and local governmental officers and entities; to
impose fees; to prescribe penalties and provide remedies; and to
require the promulgation of rules.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as "Logan's
law".
Sec. 3. As used in this act:
(a) "Animal abuse offense" means 1 or more of the following:
(i) A violation of section 49 of the Michigan penal code, 1931
PA 328, MCL 750.49.
(ii) A violation of section 50 of the Michigan penal code, 1931
PA 328, MCL 750.50.
(iii) A violation of section 50a of the Michigan penal code,
1931 PA 328, MCL 750.50a.
(iv) A violation of section 50b of the Michigan penal code,
1931 PA 328, MCL 750.50b.
(v) A violation of section 50c of the Michigan penal code,
1931 PA 328, MCL 750.50c.
(vi) Any other violation of a law of this state or a local
ordinance of a municipality that by its nature constitutes an
animal abuse offense.
(vii) An attempt or conspiracy to commit an offense described
in subparagraphs (i) to (vi).
(viii) An offense substantially similar to an offense described
in subparagraphs (i) to (vii) under a law of the United States, any
state, or any country or under tribal or military law.
(b) "Convicted" means that 1 of the following applies to the
individual:
(i) A judgment of conviction or a probation order was entered
against the individual in any court having jurisdiction over
criminal offenses, including, but not limited to, a tribal court or
a military court, and including a conviction subsequently set aside
under 1965 PA 213, MCL 780.621 to 780.624.
(ii) The individual was 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.
(c) "Department" means the department of state police.
(d) "Domicile" means a place where an individual has his or
her true, fixed, and permanent home to which he or she intends to
return whenever absent from the home.
(e) "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.
(f) "Local law enforcement agency" means the police department
of a county or municipality.
(g) "Municipality" means a city, village, or township of this
state.
(h) "Residence" means that place at which an individual
habitually sleeps, keeps his or her personal effects, and has a
regular place of lodging. If an individual has more than 1
residence, or if a wife has a residence separate from that of the
husband, that place at which the individual resides the greater
part of the time shall be his or her residence for purposes of this
act. This section shall not be construed to affect existing
judicial interpretation of the term residence.
(i) "Student" means an individual 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. 5. The following individuals who are domiciled or
temporarily reside in this state for 14 or more consecutive days,
who work with or without compensation or are students in this state
for 14 or more consecutive days, or who are domiciled, reside, or
work with or without compensation or are students in this state for
30 or more total days in a calendar year shall register under this
act:
(a) An individual who is 18 years of age or older and who is
convicted of an animal abuse offense on or after the effective date
of this act.
(b) An individual from another state who is 18 years of age or
older and who is convicted of an animal abuse offense on or after
the effective date of this act and is required to register or
otherwise be identified as an animal abuse offender under a
comparable statute of that state.
Sec. 7. (1) Except as provided in subsection (2), an
individual required to register under this act shall register no
later than 5 days after sentencing if the individual is not
sentenced to incarceration for the animal abuse offense. If the
individual is sentenced to incarceration for the animal abuse
offense, he or she shall register no later than 5 days after
release from incarceration. The probation officer shall give the
individual the registration form after the individual is convicted
and explain the duty to register and to pay a registration fee, to
verify his or her residence address, and to provide notice of
residence address changes.
(2) Both of the following shall register with the local law
enforcement agency, sheriff's department, or the department within
14 days after becoming domiciled, or temporarily residing, working,
or being a student in this state for the periods specified in
section 5:
(a) Subject to section 5, an individual convicted of an animal
abuse offense in another state or country on or after the effective
date of this act.
(b) An individual required to be registered as an animal abuse
offender in another state or country regardless of when the
conviction was entered.
Sec. 9. (1) An individual required to be registered under this
act shall notify the local law enforcement agency or sheriff's
department having jurisdiction where his or her new residence or
domicile is located or the department post of the individual's new
residence or domicile within 5 days after the individual changes or
vacates his or her residence, domicile, or place of work or
education.
(2) If an individual who is incarcerated in a state
correctional facility and is required to be registered under this
act is granted parole or is due to be released upon completion of
his or her maximum sentence, the department of corrections, before
releasing the individual, shall provide notice of the location of
the individual's proposed place of residence or domicile to the
sheriff's department having jurisdiction over that location or to
the appropriate state police department post.
(3) Within 5 days after either of the following occurs, the
department of corrections shall notify the local law enforcement
agency or sheriff's department having jurisdiction over the area to
which the individual is transferred or the department post of the
transferred residence or domicile of an individual required to be
registered under this act:
(a) The individual is transferred to a community residential
program.
(b) The individual is transferred into a minimum custody
correctional facility of any kind, including a correctional camp or
work camp.
(4) An individual required to be registered under this act
shall notify the department on a form prescribed by the department
not later than 5 days before he or she changes his or her domicile
or residence to another state. The individual shall indicate the
new state and, if known, the new address. The department shall
update the registration and compilation databases and promptly
notify the appropriate law enforcement agency and any applicable
animal abuse registration authority in the new state.
(5) If the probation or parole of an individual required to be
registered under this act is transferred to another state or an
individual required to be registered under this act is transferred
from a state correctional facility to any correctional facility or
probation or parole in another state, the department of corrections
shall promptly notify the department and the appropriate law
enforcement agency and any applicable animal abuse offender
registration authority in the new state. The department shall
update the registration and compilation databases.
(6) An individual registered under this act shall comply with
the verification procedures and proof of residence procedures
prescribed in section 11.
(7) An individual shall comply with this section for 5 years
after the date of initially registering or, if the individual is in
a state correctional facility, for 5 years after release from the
state correctional facility, whichever is later.
Sec. 11. (1) On the release of an individual required to be
registered under this 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 act and the
procedure for registration, notification, and verification and
payment of the registration fee prescribed under subsection (5) or
section 19. 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
within 30 days, regardless of whether the individual signs it.
(2) Following initial registration under this act, an
individual required to be registered under this act who is not
incarcerated shall report in person to the local law enforcement
agency or sheriff's department having jurisdiction where he or she
is domiciled or resides or to the department post in or nearest to
the county where he or she is domiciled or resides for verification
of domicile or residence as follows:
(a) If the individual is registered only for 1 or more animal
abuse offenses that are misdemeanors, not earlier than January 1 or
later than January 15 of each year after the initial registration.
As used in this subdivision, "misdemeanor" means that term as
defined in section 1 of chapter I of the code of criminal
procedure, 1927 PA 175, MCL 761.1.
(b) If the person is registered for 1 or more animal abuse
offenses that are felonies, not earlier than the first day or later
than the fifteenth day of each April, July, October, and January of
each year after the initial registration. As used in this
subdivision, "felony" means that term as defined in section 1 of
chapter I of the code of criminal procedure, 1927 PA 175, MCL
761.1.
(3) An individual required to be registered under this act who
is in a state correctional facility shall comply with the
verification requirements of subsection (2) after his or her
release from incarceration.
(4) When an individual reports under subsection (2), an
officer or authorized employee of the local law enforcement agency,
sheriff's department, or department post shall verify the
individual's residence or domicile. The officer or authorized
employee shall sign and date a verification form. The officer shall
give a copy of the signed form showing the date of verification to
the individual. The officer or employee shall forward verification
information to the department by the law enforcement information
network in the manner the department prescribes. The department
shall revise the databases maintained under section 21 as necessary
and shall indicate verification in the compilation under section
21(2).
(5) Except as otherwise provided in section 13, an individual
who reports as prescribed under subsection (2) and who has not
already paid the fee prescribed under section 19 shall pay a $50.00
registration fee. An individual shall only be required to pay a fee
once under this subsection.
(6) If an individual fails to report under subsection (2), the
department shall notify the local law enforcement agency, sheriff's
department, or department post. An appearance ticket may be issued
for the individual's failure to report as provided in sections 9a
to 9g of chapter IV of the code of criminal procedure, 1927 PA 175,
MCL 764.9a to 764.9g.
(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 personal identification card may be
used as proof of domicile or residence. An officer or authorized
employee of the local law enforcement agency, sheriff's department,
or department post 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 required to be registered under this act who
is not incarcerated shall report in person to a secretary of state
office and have his or her digitized photograph taken prior to
registration. An individual required to be registered under this
act who is incarcerated shall report under this subsection not less
than 5 days after he or she is released. 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 the effective
date of this act, or within 2 years before he or she is released.
The secretary of state shall make the digitized photograph
available to the department for a registration under this act.
(9) The department shall prescribe the form for the notices
and verification procedures required by this section.
Sec. 13. (1) Of the money collected by a court, local law
enforcement agency, sheriff's department, or department post from
each registration fee prescribed under this act, $35.00 shall be
forwarded to the department, which shall deposit the money in the
animal abuse offenders registration fund created under subsection
(2), and $15.00 shall be retained by the court, local law
enforcement agency, sheriff's department, or department post.
(2) The animal abuse offenders registration fund is created as
a separate fund in the department of treasury. The state treasurer
shall credit the money received from the payment of the
registration fee prescribed under this act to the animal abuse
offenders registration fund. Money credited to the fund shall only
be used by the department for training concerning, and the
maintenance and automation of, the databases, compilation, and
information required under section 21. Money in the animal abuse
offenders registration fund at the close of the fiscal year shall
remain in the fund and shall not lapse to the general fund.
(3) If an individual required to pay a registration fee under
this act is indigent, the registration fee shall be temporarily
waived. The burden is on the individual claiming indigence to prove
the fact of indigence to the satisfaction of the local law
enforcement agency, sheriff's department, or department post where
the individual is reporting.
(4) Payment of the registration fee under this act shall be
made in the form and by means prescribed by the department. Upon
payment of the registration fee prescribed under this act, the
officer or employee shall forward verification of the payment to
the department by the law enforcement information network in the
manner the department prescribes. The department shall revise the
databases maintained under section 21 as necessary and shall
indicate verification of payment in the compilation under section
21(2).
Sec. 15. The department of corrections shall not collect any
fees under this act.
Sec. 17. (1) The officer or authorized employee of a local law
enforcement agency, sheriff's department, or department post
registering an individual or receiving or accepting a registration
under section 7 or receiving notice under section 9 shall provide
the individual with a copy of the registration or notification at
the time of registration or notice.
(2) The officer or authorized employee of a local law
enforcement agency, sheriff's department, or department post
registering an individual or receiving or accepting a registration
under section 7 or notified of an address change under section 9(1)
shall forward the registration or notification to the department by
the law enforcement information network within 3 business days
after registration or notification.
Sec. 19. (1) A registration under this act shall be made on a
form prescribed by the department and shall be forwarded to the
department in the format the department prescribes, along with a
$50.00 registration fee for each original registration, except as
otherwise provided in section 13. A registration shall contain all
of the following information:
(a) The individual's name, social security number, date of
birth, and address or expected address. An individual who is in a
witness protection and relocation program is only required to use
the name and identifying information reflecting his or her new
identity in a registration under this act, and the registration and
compilation databases shall not contain any information identifying
the individual's prior identity or locale. The department shall
request each individual to provide his or her date of birth if it
is not included in the registration, and that individual shall
comply with the request within 10 days.
(b) A brief summary of the individual's convictions for animal
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.
(c) A complete physical description of the individual.
(d) The photograph required under section 11.
(e) The individual's fingerprints if not already on file with
the department. The department shall forward a copy of the
individual's fingerprints to the federal bureau of investigation if
not already on file with that bureau.
(2) A registration may contain the individual's blood type and
whether a DNA identification profile of the individual is
available.
(3) The form used for registration or verification under this
act shall contain a written statement that explains the duty of the
individual being registered to provide notice of a change of
address under section 9, the procedures for providing that notice,
and the verification procedures under section 11.
(4) The individual shall sign a registration, notice, and
verification. However, the registration, notice, or verification
shall be forwarded to the department regardless of whether the
individual signs it or pays the registration fee required under
subsection (1).
(5) The officer or authorized employee of a local law
enforcement agency, sheriff's department, or department post
registering the individual or receiving or accepting a registration
under section 7 shall sign the registration form.
(6) An individual shall not knowingly provide false or
misleading information concerning a registration, notice, or
verification.
(7) The department shall prescribe the form for a notification
required under section 9 and the format for forwarding the
notification to the department.
(8) The department shall promptly provide registration,
notification, and verification information to the federal bureau of
investigation and to local law enforcement agencies, sheriff's
departments, department posts, and agencies of other states
requiring the information, as provided by law.
Sec. 21. (1) The department shall maintain a computerized
database of registrations and notices required under this act.
(2) The department shall maintain a computerized database
separate from that described in subsection (1) to implement
subsection (3) and section 25(2) and (3). The database shall
consist of a compilation of individuals registered under this act.
(3) The compilation of individuals shall be indexed
numerically by zip code area. Within each zip code area, the
compilation shall contain all of the following information:
(a) The name and aliases, physical description, and birth date
of each individual registered under this act who is included in the
compilation and who resides in that zip code area and any animal
abuse offense of which the individual has been convicted.
(b) The photograph of each individual registered under this
act. The department shall obtain the photographs submitted under
section 11 from the secretary of state for purposes of implementing
this subdivision.
(4) The department shall update the compilation with new
registrations, deletions from registrations, and address changes at
the same time those changes are made to the database described in
subsection (1). The department shall make the compilation 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 the information
from the compilation in printed form for the zip code areas located
in whole or in part within the post's, agency's, or sheriff's
department's jurisdiction.
(5) The department shall make the compilation or information
from the compilation available to a department post, local law
enforcement agency, and sheriff's department by electronic,
computerized, or other similar means accessible to the post,
agency, or sheriff's department. The electronic, computerized, or
other means shall provide for a search by both name and zip code.
(6) If a court determines that public availability of
information under subsection (5) or section 25 concerning
individuals registered under this act, including names and aliases,
addresses, physical descriptions, or dates of birth, violates the
constitution of the United States or this state, the department
shall revise the compilation in subsection (2) so that it does not
contain that information.
Sec. 23. (1) An individual required to be registered under
this act who willfully violates 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.
(2) The court shall revoke the probation of an individual
placed on probation who willfully violates this act.
(3) The parole board shall rescind the parole of an individual
released on parole who willfully violates this act.
(4) An individual's failure to register as required by this
act or a violation of section 9(1) or (4) may be prosecuted in the
judicial district of any of the following:
(a) The individual's last registered address or residence.
(b) The individual's actual address or residence.
(c) Where the individual was arrested for the violation.
Sec. 25. (1) Except as otherwise provided in this act, a
registration or report is confidential and information from that
registration or report shall not be open to inspection except for
law enforcement purposes. The registration or report and all
included materials sand information are exempt from disclosure
under the freedom of information act, 1976 PA 442, MCL 15.231 to
15.246.
(2) A department post, local law enforcement agency, or
sheriff's department shall make information from the compilation
described in section 21(2) for the zip code 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 may make information from the compilation
described in section 21(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 an individual who is the subject of the
compilation described in section 21(2) initially registers under
this act, or changes his or her registration under this act, to a
location that is in a zip code area designated by the subscribing
member of the public.
(4) Except as provided in this act, an individual other than
the registrant who knows of a registration or report under this 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 who reveals a registration or report in violation
of this act is liable to the individual whose registration or
report is revealed for treble damages.
(6) Subsections (4) and (5) do not apply to the compilation
described in section 21(2) or information from that compilation
that is provided or made available under section 21(2) or under
subsection (2) or (3).
Sec. 27. The department shall promulgate rules and adopt
regulations for the administration of the Michigan animal abuse
offenders registry and collection of fees.
