August 27, 2013

Michigan introduces a bill to restrict certain registered sex offenders, 365 days of the year, as to their interaction with minors under 16, under a host of circumstances.

8-27-2013 Michigan:

Michigan Senator Tonya Schuitmaker has introduced Senate Bill 454 which by any standard should be considered unconstitutional. Given it was introduced the end of July, it is FIRST intended to be a Halloween restrictions bill, but reading the bill shows us it extends 365 days of the year and to circumstances far beyond Halloween; Thanksgiving, Christmas, Easter and to other types of celebrations. And for those certain sex offenders who are required to register for a lifetime, a lifetime restriction.

The number of circumstances this bill covers would take an encyclopedia to describe. Let me describe one: For the RSO parent, they cannot organize a party or other function for their child, if their child has friends at the party nor can they hand out virtually anything to their child's friends at that party. And that would cover any other relative or other minor under 16 who visits their home any time of the year, even if they come over for dinner to celebrate say graduation. And when the RSO's child has their own children. i.e. RSO's grandchild (for those required to register for a lifetime). This bill -as worded- gives new meaning to the word ludicrous!

SEC. 9A. (1) AN INDIVIDUAL WHO IS REGISTERED UNDER THIS ACT FOR COMMITTING A LISTED OFFENSE AGAINST AN INDIVIDUAL WAS LESS THAN 16 YEARS OF AGE AT TIME THE OFFENSE WAS COMMITTED SHALL NOT DO ANY OF THE FOLLOWING DURING THE PERIOD IN WHICH HE OR SHE IS REQUIRED TO BE REGISTERED UNDER THIS ACT:
(A) DISTRIBUTE CANDY OR ANY OTHER FOOD OR GIFT ITEMS DIRECTLY TO ANY INDIVIDUAL WHO IS LESS THAN 16 YEARS OF AGE. THIS SUBDIVISION DOES NOT PROHIBIT THE INDIVIDUAL FROM DISTRIBUTING CANDY OR ANY OTHER FOOD OR GIFT ITEM TO ONLY HIS OR HER SIBLING, CHILD, OR WARD, OR TO AN INDIVIDUAL LESS THAN 16 YEARS OF AGE WHO RESIDES IN THE SAME HOUSEHOLD AS THAT INDIVIDUAL, UNLESS THE INDIVIDUAL IS PROHIBITED BY COURT ORDER FROM HAVING CONTACT WITH THAT SIBLING, CHILD, WARD, OR INDIVIDUAL LESS THAN 16 YEARS OF AGE.

(B) WEAR A COSTUME OR INTENTIONALLY CONCEAL HIS OR HER IDENTITY IN THE PRESENCE OF ANY INDIVIDUAL WHO IS LESS THAN 16 YEARS OF AGE. THIS SUBDIVISION DOES NOT PROHIBIT THE INDIVIDUAL FROM WEARING A COSTUME OR INTENTIONALLY CONCEALING HIS OR HER IDENTITY IN ONLY THE PRESENCE OF HIS OR HER SIBLING, CHILD, OR WARD, OR IN THE PRESENCE OF AN INDIVIDUAL LESS THAN 16 YEARS OF AGE WHO RESIDES IN THE SAME HOUSEHOLD AS THAT INDIVIDUAL, UNLESS THE INDIVIDUAL IS PROHIBITED BY COURT ORDER FROM HAVING CONTACT WITH THAT SIBLING, CHILD, WARD, OR INDIVIDUAL LESS THAN 16 YEARS OF AGE.

(C) PERFORM ANY ORGANIZATIONAL OR ENTERTAINMENT FUNCTION AT A GATHERING THAT IS CONDUCTED TO CELEBRATE A BIRTHDAY OR OTHER ACHIEVEMENT OF AN INDIVIDUAL LESS THAN 16 YEARS OF AGE OR THAT IS COMPOSED PRIMARILY OF INDIVIDUALS LESS THAN 16 YEARS OF AGE. THIS SUBDIVISION DOES NOT PROHIBIT THE INDIVIDUAL FROM PERFORMING A FUNCTION AT A GATHERING OF ONLY HIS OR HER SIBLINGS, CHILDREN, OR WARDS, OR INDIVIDUALS LESS THAN 16 YEARS OF AGE WHO RESIDE IN THE SAME HOUSEHOLD AS THAT INDIVIDUAL, UNLESS THE INDIVIDUAL IS PROHIBITED BY COURT ORDER FROM HAVING CONTACT WITH ANY OF THOSE SIBLINGS, CHILDREN, WARDS, OR INDIVIDUALS LESS THAN 16 YEARS OF AGE.
If you live in Michigan and would be affected by this bill, you -and your family- need to contact your respective Michigan lawmakers ( Representatives -or- Senators ) to get this bill killed. Tell them to vote no on Senate bill 454.

For now have a great day and a better tomorrow.
eAdvocate

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