Newly Passed Laws

 

SB 0044 of 2013 (Rick Jones)  PA 2 of 2013 (Effective 6/1/2013)

Description: Criminal procedure; sex offender registration; placement on the public registry; remove certain exceptions. Amends sec. 8 of 1994 PA 295 (MCL 28.728).
Last Action: 3/13/2013 – PASSED INTO LAW

Requires Tier I registrants who have been non-public since 7/1/2011 to be placed back on the public registry IF their offense was against a minor… or anyone who knowingly possessed child sexually abusive material.

 

HB 4127 of 2013 (Joel Johnson)  PA 54 of 2013 (Effective 6/11/2013)

Description: Criminal procedure; probation; GPS bail monitoring of certain offenders; allow. Amends sec. 6b of 1927 PA 175 (MCL 765.6b). “Assaultive Crime” defined in MCL 773.9a(3).

Last Action: 6/12/2013 – PASSED INTO LAW

Allows, but does not mandate, the use of GPS devices for anyone out on bail for an “assaultive crime” which includes all CSC’s and other registerable offenses.

 

SB 221 of 2013 (Rick Jones) PA 149 of 2013 ( Effective 4/1/2014)

Description: Criminal procedure; sex offender registration; registration fee for non-incarcerated offenders; establish on an annual basis. Amends sec. 5a of 1994 PA 295 (MCL 28.725a).

Last Action: 11/7/2013 – PASSED INTO LAW

Mandates that the state collect $50 for an individual’s initial registration (already in the law) and once a year for the duration of the time each registrant is required to verify. Anyone who willfully refuses or fails to pay within 90 days is guilty of a 90 day misdemeanor. Payment can be delayed for 90 days if a registrant can prove indigence to the law enforcement office where they verify.

 

HB 4186 of 2013 (Stacy Oakes)  PA 463 of 2014 (Effective 1/14/2015)

Description: Criminal procedure; expunction; record expunction for certain offenders; expand, and provide for under certain circumstances. Amends secs. 1, 3 & 4 of 1965 pa 213 (MCL 780.621 et seq.).

Last Action: 12/30/2014 – PASSED INTO LAW

Expands the adult set-aside law to allow for a set-aside of either 1 felony (and can have up to two 1 year misdemeanors on their record) or 1-2 misdemeanors, punishable by up to 1 year, and no felonies or additional misdemeanors on their record.

  • There are certain deferred or dismissed court actions that would be counted as one misdemeanor.
  • Application can be filed 5 or more years from imposition of sentence, completion of probation, completion of parole or completion of any term of imprisonment… whichever occurs last.
  • If an application has been denied the individual can try again in 3 years.
  • 4th degree (and attempted 4th degree) granted before 1/14/2015 can petition for a set-aside under the set-aside law that was in effect when they were convicted (can have up to 2 minor misdemeanors committed before the age of 21 and still get a felony set-aside). Individuals convicted of 4th degree and attempted 4th degree CSC on or after 1/14/2015 will not qualify to get their conviction set-aside.
  • The following has been added as being unable to get a conviction set-aside: “(D) A FELONY IN WHICH THE VICTIM IS A SPOUSE, A FORMER SPOUSE, AN INDIVIDUAL WITH WHOM THE PERSON HAS HAD A CHILD IN COMMON, AN INDIVIDUAL WITH WHOM THE PERSON HAS OR HAS HAD A DATING RELATIONSHIP, OR AN INDIVIDUAL RESIDING OR HAVING RESIDED IN THE SAME HOUSEHOLD AS THE PERSON, IF THE PERSON HAS A PRIOR MISDEMEANOR CONVICTION IN WHICH THE VICTIM IS A SPOUSE, A FORMER SPOUSE, AN INDIVIDUAL WITH WHOM THE PERSON HAS HAD A CHILD IN COMMON, AN INDIVIDUAL WITH WHOM THE PERSON HAS OR HAS HAD A DATING RELATIONSHIP, OR AN INDIVIDUAL RESIDING OR HAVING RESIDED IN THE SAME HOUSEHOLD AS THE PERSON.”

 

SB 602 of 2013 (Joseph Hune)  PA 328 of 2014 (Effective 1/14/2015)

Description: Criminal procedure; sex offender registration; definition of tier II offender; revise to include crime of soliciting prostitute. Amends sec. 2 of 1994 PA 295 (MCL 28.722).

Last Action: 10/22/2014 – PASSED INTO LAW

Adds 750.449A(2) as a Tier 1 registerable offense… no age limit specified and 750.462e(a) as a Tier 2 offense. In general it would require registration as a sex offender for engaging the services of a minor for the purpose of prostitution or recruiting, transporting, or obtaining a minor for the commercial sex trade or for forced labor.

 

HB 4069 of 2015 (Harvey Santana)  PA 31 of 2015 (Effective 8/18/2015)

Description: Criminal procedure; youthful trainees; eligibility criteria for youthful trainee program; modify. Amends sec. 11, ch. II of 1927 PA 175 (MCL 762.11).

Last Action: 5/20/2015 – PASSED INTO LAW

  • Extends the age for Holmes Youthful Trainee (HYTA) eligibility up to the age of 24.
  • Requires that the Prosecutor must agree to individual, 21 up to the age of 24, receiving HYTA status. Prosecutor approval is NOT required for individuals 17 up to the age of 21.
  • The court may require anyone assigned to HYTA to maintain employment or be attending school.
  • Would allow the court to place individual on electronic monitoring if the individual was 21, up to the age of 24, at the time of the offense.

 

HB 4135 of 2015 (Kurt Heise) PA 32 of 2015 (Effective 8/18/2015)

Description: Criminal procedure; youthful trainees; revocation of trainee status under Holmes youthful trainee act for committing certain subsequent crimes; provide for. Amends sec. 12, ch. II of 1927 PA 175 (MCL 762.12).

Last Action: 5/20/2015 – PASSED INTO LAW

Requires a court, that assigned a person to youthful trainee status, to revoke the person’s status if he or she pleaded guilty to or were convicted of certain crimes.

 

HB 4169 of 2015 (Marcia Hovey-Wright)  PA 33 of 2015 (Effective 8/18/2015)

Description: Criminal procedure; sentencing; option of placing individual in prison under the Holmes youthful trainee act; eliminate. Amends sec. 13, ch. II of 1927 PA 175 (MCL 762.13).

Last Action: 5/20/2015 – SIGNED INTO LAW

  • Reduces the maximum period of commitment to the DOC from three to two years.
  • Specifies that, if a youthful trainee committed to the DOC were under 21, he or she would have to be committed to a facility designated for custodial supervision and training.
  • Prohibits the commitment of a youthful trainee to the DOC if the underlying charge were for a particular offense listed in the bill.
  • Allows a youthful trainee to be placed on probation following a prison or jail term.