2003 House Bill 4920 / 2004 Public Act 240

Exempt youthful "statutory rape" offenders from sex offender registry

Introduced in the House

July 2, 2003

Introduced by Rep. Larry Julian (R-85)

To establish a process whereby juveniles convicted of certain "statutory rape" type crimes involving consensual sex with other minors may be exempted from the state's public sex offender registry and a non-public law enforcement sex offender registry.

Referred to the Committee on Criminal Justice

Nov. 5, 2003

Reported without amendment

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

Nov. 12, 2003

Substitute offered

To replace the previous version of the bill with one recommended by the committee which reported it. The substitute incorporates changes resulting from committee testimony and deliberation. This version was subsequently superceded by another substitute which fine-tunes those changes. See Julian substitute for details.

The substitute passed by voice vote

Substitute offered by Rep. Larry Julian (R-85)

To replace the previous version of the bill with one which would define various circumstances surrounding a minor's criminal sexual conduct offense that would place the crime in the category of a “youthful indiscretion offense,” thereby exempting the offender from registration on the sex offenders registry. See House-passed version for more details.

The substitute passed by voice vote

Passed in the House 102 to 0 (details)

To exempt minors who have been convicted of certain "statutory rape" type crimes involving consensual sex with other minors from the state's public sex offender registry, and to give judges more discretion on whether to place the individual on a non-public law enforcement sex offender registry. The bill would define various circumstances that would place an offence in the category of a “youthful indiscretion offense,” thereby qualifying for the exemption. These circumstances include factors such as the age of the offender, an age difference of three years or less between the parties, the seriousness of the offence, etc. Under current law, a juvenile who has sex with a person under age 16 can be placed on the sex offenders registry for 25 years. See also House Bill 5240.

Received in the Senate

Nov. 13, 2003

Referred to the Committee on Families and Human Services

March 4, 2004

Reported without amendment

With the recommendation that the substitute (S-1) be adopted and that the bill then pass.

July 6, 2004

Substitute offered

To replace the previous version of the bill with one that requires a minor to petition for the exemption, and prohibits the exemption if certain aggravating factors existed, such as the use of force or a weapon in committing the offence.

The substitute passed by voice vote

Passed in the Senate 36 to 0 (details)

To allow minors who have been convicted of certain "statutory rape" type crimes involving consensual sex with other minors to petition for an exemption from the state's public sex offender registry, and to be placed for a shorter time on a non-public law enforcement sex offender registry. The bill defines various circumstances that would qualify an offence for the exemption. These circumstances include factors such as the age of the offender, an age difference of three years or less between the parties, the seriousness of the offence, the absence of any "aggravating factors" in the offence, and more. See also House Bill 5240.

Received in the House

July 6, 2004

Passed in the House 101 to 0 (details)

To concur with the Senate-passed version of the bill.

Signed by Gov. Jennifer Granholm

July 21, 2004