Bill Text: MI SB1260 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Criminal procedure: sentencing; additional terms at sentencing; allow. Amends secs. 10a, 462f & 539j of 1931 PA 328 (MCL 750.10a et seq.) & adds secs. 145h, 158a, 338c, 350b, 455a & 520p.
Spectrum: Partisan Bill (Republican 8-0)
Status: (Introduced - Dead) 2020-12-18 - Referred To Committee On Judiciary And Public Safety [SB1260 Detail]
Download: Michigan-2019-SB1260-Introduced.html
SENATE BILL NO. 1260
December 18, 2020, Introduced by Senators
RUNESTAD, THEIS, BARRETT, DALEY, JOHNSON, LASATA, VICTORY and OUTMAN and
referred to the Committee on Judiciary and Public Safety.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending sections 10a, 462f, and 539j (MCL 750.10a, 750.462f, and 750.539j), section 462f as amended by 2016 PA 338 and section 539j as added by 2004 PA 155, and by adding sections 145h, 158a, 338c, 350b, 455a, and 520p.
the people of the state of michigan enact:
Sec. 10a. (1) The As used in this act, the term "sexually
delinquent person" when used in this act shall
mean means any person
whose sexual behavior is characterized by repetitive or compulsive acts which
indicate a disregard of consequences or the recognized rights of others, or by
the use of force upon on another person in attempting sex relations of
either a heterosexual or homosexual nature, or by the commission of sexual
aggressions against children under the age of 16.
(2)
As part of its adjudication order, order of disposition, judgment of sentence,
or order of probation a court may order that a person who is convicted as or, a
juvenile who is adjudicated as a sexually delinquent person upon his or her
release from incarceration, if applicable, or as part of or upon the completion
of any period of supervised release not engage in certain activities.
(3)
The court's order under subsection (2) may include, but need not be limited to,
prohibiting a person described under subsection (2) from any of the following:
(a)
Working within 1,000 feet or less from school property.
(b)
Loitering within 1,000 feet or less from school property.
(c)
Residing within 1,000 feet or less from school property.
Sec. 145h. (1) As part of its
adjudication order, order of disposition, judgment of sentence, or order of
probation a court may order that a person who is convicted of or, a juvenile
who is adjudicated for a violation of section 145a, 145b, 145c, or 145d(1)(a),
upon his or her release from incarceration, if applicable, or as part of or
upon the completion of any period of supervised release not engage in certain
activities.
(2)
The court's order under subsection (1) may include, but need not be limited to,
prohibiting a person described under subsection (1) from any of the following:
(a)
Working within 1,000 feet or less from school property.
(b)
Loitering within 1,000 feet or less from school property.
(c)
Residing within 1,000 feet or less from school property.
Sec. 158a. (1) As part of its
adjudication order, order of disposition, judgment of sentence, or order of
probation a court may order that a person who is convicted of or, a juvenile
who is adjudicated for a violation of section 158, upon his or her release from
incarceration, if applicable, or as part of or upon the completion of any
period of supervised release not engage in certain activities.
(2)
The court's order under subsection (1) may include, but need not be limited to,
prohibiting a person described under subsection (1) from any of the following:
(a)
Working within 1,000 feet or less from school property.
(b)
Loitering within 1,000 feet or less from school property.
(c)
Residing within 1,000 feet or less from school property.
Sec. 338c. (1) As part of its
adjudication order, order of disposition, judgment of sentence, or order of
probation a court may order that a person who is convicted of or, a juvenile
who is adjudicated for a violation of section 335a(2)(b), 338, 338a, or 338b,
upon his or her release from incarceration, if applicable, or as part of or
upon the completion of any period of supervised release not engage in certain
activities.
(2)
The court's order under subsection (1) may include, but need not be limited to,
prohibiting a person described under subsection (1) from any of the following:
(a)
Working within 1,000 feet or less from school property.
(b)
Loitering within 1,000 feet or less from school property.
(c)
Residing within 1,000 feet or less from school property.
Sec. 350b. (1) As part of its
adjudication order, order of disposition, judgment of sentence, or order of
probation a court may order that a person who is convicted of or, a juvenile
who is adjudicated for a violation of section 349b or 350, upon his or her
release from incarceration, if applicable, or as part of or upon the completion
of any period of supervised release not engage in certain activities.
(2)
The court's order under subsection (1) may include, but need not be limited to,
prohibiting a person described under subsection (1) from any of the following:
(a)
Working within 1,000 feet or less from school property.
(b)
Loitering within 1,000 feet or less from school property.
(c)
Residing within 1,000 feet or less from school property.
Sec. 455a. (1) As part of its
adjudication order, order of disposition, judgment of sentence, or order of
probation a court may order that a person who is convicted of or, a juvenile
who is adjudicated for a violation of section 448, 449a(2), or 455, upon his or
her release from incarceration, if applicable, or as part of or upon the
completion of any period of supervised release not engage in certain
activities.
(2)
The court's order under subsection (1) may include, but need not be limited to,
prohibiting a person described under subsection (1) from any of the following:
(a)
Working within 1,000 feet or less from school property.
(b)
Loitering within 1,000 feet or less from school property.
(c)
Residing within 1,000 feet or less from school property.
Sec. 462f. (1)
Except as otherwise provided in this section, a person who violates section
462b, 462c, or 462d is guilty of a crime as follows:
(a) Except as provided in subdivisions (b), (c), and (d), the
person is guilty of a felony punishable by imprisonment for not more than 10
years or a fine of not more than $10,000.00, or both.
(b) If the violation results in bodily injury to an
individual or results in an individual being engaged in commercial sexual
activity, the person is guilty of a felony punishable by imprisonment for not
more than 15 years or a fine of not more than $15,000.00, or both.
(c) If the violation results in serious bodily injury to an
individual, the person is guilty of a felony punishable by imprisonment for not
more than 20 years or a fine of not more than $20,000.00, or both.
(d) If the violation involves kidnapping or attempted
kidnapping, criminal sexual conduct in the first degree or attempted criminal
sexual conduct in the first degree, or an attempt to kill or the death of an
individual, the person is guilty of a felony punishable by imprisonment for
life or any term of years or a fine of not more than $50,000.00, or both.
(2) Except as otherwise provided in this section, a person
who violates section 462e is guilty of a felony punishable by imprisonment for
not more than 20 years or a fine of not more than $20,000.00, or both.
(3) A person who attempts, conspires, or solicits another to
violate this chapter is subject to the same penalty as a person who commits a
violation of this chapter.
(4) This section does not prohibit a person from being
charged with, convicted of, or punished for any other violation of law arising
out of the same transaction as the violation of this section.
(5) The court may order a term of imprisonment imposed for
violating this section to be served consecutively to a term of imprisonment
imposed for the commission of any other crime, including any other violation of
law arising out of the same transaction as the violation of this section.
(6) In addition to any mandatory restitution applicable under
section 16 of the William Van Regenmorter crime victim's rights act, 1985 PA
87, MCL 780.766, the court may order a person convicted of violating this
section to pay restitution to the victim in the manner provided in section 16b
of the William Van Regenmorter crime victim's rights act, 1985 PA 87, MCL
780.766b, and to reimburse any governmental entity for its expenses incurred in
relation to the violation in the same manner that expenses may be ordered to be
reimbursed under section 1f of chapter IX of the code of criminal procedure,
1927 PA 175, MCL 769.1f.
(7)
As part of its adjudication order, order of disposition, judgment of sentence,
or order of probation a court may order that a person who is convicted of or, a
juvenile who is adjudicated for a violation of section 462e, upon his or her
release from incarceration, if applicable, or as part of or upon the completion
of any period of supervised release not engage in certain activities.
(8)
The court's order under subsection (7) may include, but need not be limited to,
prohibiting a person described under subsection (7) from any of the following:
(a)
Working within 1,000 feet or less from school property.
(b)
Loitering within 1,000 feet or less from school property.
(c)
Residing within 1,000 feet or less from school property.
Sec. 520p. (1) As part of its
adjudication order, order of disposition, judgment of sentence, or order of
probation a court may order that a person who is convicted of or, a juvenile
who is adjudicated for a violation of section 520b, 520c, 520d, 520e, or 520g,
upon his or her release from incarceration, if applicable, or as part of or
upon the completion of any period of supervised release not engage in certain
activities.
(2)
The court's order under subsection (1) may include, but need not be limited to,
prohibiting a person described under subsection (1) from any of the following:
(a)
Working within 1,000 feet or less from school property.
(b)
Loitering within 1,000 feet or less from school property.
(c)
Residing within 1,000 feet or less from school property.
Sec. 539j. (1) A
person shall not do any of the following:
(a) Surveil another individual who is clad only in his or her
undergarments, the unclad genitalia or buttocks of another individual, or the
unclad breasts of a female individual under circumstances in which the
individual would have a reasonable expectation of privacy.
(b) Photograph, or otherwise capture or record, the visual
image of the undergarments worn by another individual, the unclad genitalia or
buttocks of another individual, or the unclad breasts of a female individual
under circumstances in which the individual would have a reasonable expectation
of privacy.
(c) Distribute, disseminate, or transmit for access by any
other person a recording, photograph, or visual image the person knows or has reason
to know was obtained in violation of this section.
(2) A person who violates or attempts to violate this section
is guilty of a crime as follows:
(a) For a violation or attempted violation of subsection
(1)(a):
(i) Except as provided in
subparagraph (ii), the person is guilty
of a felony punishable by imprisonment for not more than 2 years or a fine of
not more than $2,000.00, or both.
(ii) If the person was previously convicted of violating or
attempting to violate subsection (1)(a), the person is guilty of a felony
punishable by imprisonment for not more than 5 years or a fine of not more than
$5,000.00, or both.
(b) For a violation or
attempted violation of subsection (1)(b) or (c), the person is guilty of a
felony punishable by imprisonment for not more than 5 years or a fine of not
more than $5,000.00, or both.
(3) This section does
not prohibit a person from being charged with, convicted of, or punished for
any other violation of law committed by that person while violating or attempting
to violate subsection (1)(a) to (c).
(4) This section does
not prohibit security monitoring in a residence if conducted by or at the
direction of the owner or principal occupant of that residence unless conducted
for a lewd or lascivious purpose.
(5) This section does
not apply to a peace officer of this state or of the federal government, or the
officer's agent, while in the performance of the officer's duties.
(6) As part of its adjudication order, order of disposition,
judgment of sentence, or order of probation a court may order that a person who
is convicted of or, a juvenile who is adjudicated for a violation of this
section, upon his or her release from incarceration, if applicable, or as part
of or upon the completion of any period of supervised release not engage in
certain activities.
(7) The court's order under subsection (6) may include, but
need not be limited to, prohibiting a person described under subsection (6)
from any of the following:
(a) Working within 1,000 feet or less from school property.
(b) Loitering within 1,000 feet or less from school property.
(c) Residing within 1,000 feet or less from school property.
(8) (6) As used in
this section, "surveil" means to subject an individual to
surveillance as that term is defined in section 539a.
