What percentage of the over 10,000 Day Cares are marked so that registrants would know where they are? We wonder, is this a bill of entrapment? Obviously it is as the Senate had no problems passing it without giving it any thought.10-17-2013 Michigan:
LANSING, MI -- Senate-approved legislation that would prohibit registered sex offenders from loitering near day care centers in Michigan appears to have hit a speed bump on the House side.
Shelly Weisberg with the ACLU of Michigan, testifying before the House Criminal Justice Committee on Wednesday, warned that Senate Bills 76 and 77 would create "a nearly impossible burden on listed offenders and on law enforcement."
The legislation, unanimously approved by the state Senate last month, would make it a crime for a registered sex offender to loiter within 1,000 feet of a licensed day center.
Similar rules already apply to schools, and the bills include exceptions for parents transporting their own kids or visiting a facility to talk to an employee.
A first violation would be a misdemeanor punishable by up to one year in prison and/or a maximum fine of $1,000. Subsequent violations would be treated as a felony punishable by up to two years in prison and/or a $2,000 fine.
Sponsoring Sen. Darwin Booher, R-Evart, told the committee that his bills were inspired by a constituent in his district who told him that a registered sex offender was living next door to the day care center she operates.
"This legislation is a result of that discussion," he said.
But Weisberg pointed out that there are more than 10,000 licensed day care centers in Michigan. Not all of them are clearly marked, she said, some of them are seasonal summer camps and some of them are tightly packed in urban areas.
In Lansing, for instance, registered sex offenders would be prohibited from loitering in a large portion of downtown north of the state Capitol, according to a map prepared by the ACLU.
"The offender, who may not even know they are near a child care center, could be subject to arrest under this proposal for a variety of reasons," Weisberg said.
The ACLU also raised questions over the definition of loitering, already on the books but rarely enforced, and pointed out that anyone who sees an individual staring at children already has the ability to call police and point out the suspicious behavior.
Sgt. Amy Dehner, a legislative liaison with the Michigan State Police, said the agency is officially neutral on the legislation. Booher's "heart is in the right place," she said, but enforcement could present several challenges.
"Our business is to protect people no matter what the circumstances are," Dehner told the committee. "We want to be be able to have a solid ground on which to enforce something. That's up for debate here."
State Reps. Stacy Erwin Oakes, D-Saginaw, and Ed McBroom, R-Vulcan, also raised concerns about the legislation, suggesting it was overly broad.
"You do know that not all registered sex offenders are predators, correct?" Oakes asked Booher.
"Well, you could say that," Booher responded. "But how do you pick out who is the Romeo and Juliet with all the other issues? …But I guess that's the sort out we have our police do to ensure security for our children."
Committee chairman Rep. Kurt Heise, R-Plymouth, did not call for a vote on the bills but noted that he could schedule an additional hearing at some point in the future. ..Source.. by Jonathan Oosting
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