SEX OFFENDERS REGISTRATION ACT
Act 295 of 1994
28.730 Confidentiality; exemption from disclosure; availability of information on public internet website; violation as misdemeanor; penalty; civil cause of action; applicability of subsections (4) and (5) to public internet website.
Sec. 10.
(1) Except as provided in this act, a registration or report is confidential and information from that registration or report shall not be open to inspection except for law enforcement purposes. The registration or report and all included materials and information are exempt from disclosure under section 13 of the freedom of information act, 1976 PA 442, MCL 15.243.
(2) A department post, local law enforcement agency, or sheriff's department shall make information from the public internet website described in section 8(2) for the designated areas located in whole or in part within the post's, agency's, or sheriff's department's jurisdiction available for public inspection during regular business hours. A department post, local law enforcement agency, or sheriff's department is not required to make a copy of the information for a member of the public.
(3) The department may make information from the public internet website described in section 8(2) available to the public through electronic, computerized, or other accessible means. The department shall provide for notification by electronic or computerized means to any member of the public who has subscribed in a manner required by the department when an individual who is the subject of the public internet website described in section 8(2) initially registers under this act, or changes his or her registration under this act, to a location that is in a designated area or geographic radius designated by the subscribing member of the public.
(4) Except as provided in this act, an individual other than the registrant who knows of a registration or report under this act and who divulges, uses, or publishes nonpublic information concerning the registration or report in violation of this act is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $1,000.00, or both.
(5) An individual whose registration or report is revealed in violation of this act has a civil cause of action against the responsible party for treble damages.
(6) Subsections (4) and (5) do not apply to the public internet website described in section 8(2) or information from that public internet website that is provided or made available under section 8(2) or under subsection (2) or (3).
History: 1994, Act 295, Eff. Oct. 1, 1995 ;-- Am. 1996, Act 494, Eff. Apr. 1, 1997 ;-- Am. 1999, Act 85, Eff. Sept. 1, 1999 ;-- Am. 2002, Act 542, Eff. Oct. 1, 2002 ;-- Am. 2004, Act 240, Eff. Oct. 1, 2004 ;-- Am. 2006, Act 46, Eff. Jan. 1, 2007 ;-- Am. 2011, Act 18, Eff. July 1, 2011
Notes of Decisions
Cited in
18
cases (
7 in the last 5 years), 1997–2026 · leading case:
In Re Ayres, 608 N.W.2d 132 (Mich. Ct. App. 2000).
In Re Ayres, 608 N.W.2d 132 (Mich. Ct. App. 2000).
· cites it 7× “Although registration of sex offenders is generally confidential and intended for law enforcement purposes only, MCL 28.730(1); MSA 4.475(10)(1), law enforcement authorities are required to make information about sex offenders registered within their jurisdictions available for…”
Lanni v. Engler, 994 F. Supp. 849 (E.D. Mich. 1998).
· cites it 3× “Mich.Comp.Laws Ann. § 28.730. In 1994, Congress enacted the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, which conditioned the availability of federal crime prevention funds upon a state’s creation of a sex offender registration and…”
People v. Tucker, 879 N.W.2d 906 (Mich. Ct. App. 2015).
· cites it 2× “MCL 28.730(2), as added by 1996 PA 494 . Police agencies were required to make registry information for the zip codes within their jurisdiction “available for public inspection during regular business hours.”
People v. Pennington, 610 N.W.2d 608 (Mich. Ct. App. 2000).
· cites it 2× “Our Legislature later amended the act by including public notification provisions, MCL 28.730(2), (3); MSA 4.475(10)(2), (3), which allow persons living within the same zip code as a registered sex offender to access information about the offender, such as the offender’s name,…”
Doe v. Kelley, 961 F. Supp. 1105 (W.D. Mich. 1997).
· cites it 2× “§ 28.730(2). The department is also authorized to make the compilation available to the public through electronic, computerized or other accessible means.”
People v. DiPiazza, 778 N.W.2d 264 (Mich. Ct. App. 2009).
“475(8)(2), MCL 28.730(2), (3); MSA 4.475(10)(2), (3).”
Akella v. Michigan Dep't of State Police, 67 F. Supp. 2d 716 (E.D. Mich. 1999).
· cites it 2× “Laws § 28.730(3), which authorizes dissemination of registration materials by electronic or computerized means, is unconstitutional.”
A.A. v. New Jersey, 176 F. Supp. 2d 274 (D.N.J. 2001).
“us/sor/);^ Michigan, Mich. Comp. Laws § 28.730 (www.mip-sor.state.”
People v. Mineau, 855 N.W.2d 755 (Mich. Ct. App. 2014).
· cites it 3× “723 through MCL 28.730] shall change his or her residence to a location outside the student safety zone not more than 90 days after he or she is sentenced for the conviction that gives rise to the obligation to register under [MCL 28.”
Martha Redmond v. Theresa Heller (Mich. Ct. App. 2020).
· cites it 12× “McNabb alleged under Count I that each defendant violated MCL 28.730 by using the sex offender registry to injure, harass, or commit a crime against an individual named in the registry.”
John Doe v. Snyder (E.D. Mich. 2021).
· cites it 5× “” Mich. Comp. Laws § 28.730 . The statute also states that “[e]xcept as provided in this act, an individual other than the registrant who knows of a registration or report under this act and who divulges, uses, or publishes nonpublic information concerning the registration or…”
— Mich. Comp. Laws § 28.730(1) — 3 cases
In Re Ayres, 608 N.W.2d 132 (Mich. Ct. App. 2000).
“Although registration of sex offenders is generally confidential and intended for law enforcement purposes only, MCL 28.730(1); MSA 4.475(10)(1), law enforcement authorities are required to make information about sex offenders registered within their jurisdictions available for…”
Martha Redmond v. Theresa Heller (Mich. Ct. App. 2020).
“McNabb alleged under Count I that each defendant violated MCL 28.730 by using the sex offender registry to injure, harass, or commit a crime against an individual named in the registry.”
— Mich. Comp. Laws § 28.730(2) — 11 cases
In Re Ayres, 608 N.W.2d 132 (Mich. Ct. App. 2000).
“Although registration of sex offenders is generally confidential and intended for law enforcement purposes only, MCL 28.730(1); MSA 4.475(10)(1), law enforcement authorities are required to make information about sex offenders registered within their jurisdictions available for…”
People v. Pennington, 610 N.W.2d 608 (Mich. Ct. App. 2000).
“Our Legislature later amended the act by including public notification provisions, MCL 28.730(2), (3); MSA 4.475(10)(2), (3), which allow persons living within the same zip code as a registered sex offender to access information about the offender, such as the offender’s name,…”
People v. DiPiazza, 778 N.W.2d 264 (Mich. Ct. App. 2009).
“475(8)(2), MCL 28.730(2), (3); MSA 4.475(10)(2), (3).”
People v. Tucker, 879 N.W.2d 906 (Mich. Ct. App. 2015).
“MCL 28.730(2), as added by 1996 PA 494 . Police agencies were required to make registry information for the zip codes within their jurisdiction “available for public inspection during regular business hours.”
Lanni v. Engler, 994 F. Supp. 849 (E.D. Mich. 1998).
“Mich.Comp.Laws Ann. § 28.730. In 1994, Congress enacted the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, which conditioned the availability of federal crime prevention funds upon a state’s creation of a sex offender registration and…”
— Mich. Comp. Laws § 28.730(3) — 6 cases
Akella v. Michigan Dep't of State Police, 67 F. Supp. 2d 716 (E.D. Mich. 1999).
“Laws § 28.730(3), which authorizes dissemination of registration materials by electronic or computerized means, is unconstitutional.”
People v. Tucker, 879 N.W.2d 906 (Mich. Ct. App. 2015).
“MCL 28.730(2), as added by 1996 PA 494 . Police agencies were required to make registry information for the zip codes within their jurisdiction “available for public inspection during regular business hours.”
Doe v. Kelley, 961 F. Supp. 1105 (W.D. Mich. 1997).
“§ 28.730(2). The department is also authorized to make the compilation available to the public through electronic, computerized or other accessible means.”
— Mich. Comp. Laws § 28.730(4) — 2 cases
In Re Ayres, 608 N.W.2d 132 (Mich. Ct. App. 2000).
“Although registration of sex offenders is generally confidential and intended for law enforcement purposes only, MCL 28.730(1); MSA 4.475(10)(1), law enforcement authorities are required to make information about sex offenders registered within their jurisdictions available for…”
Martha Redmond v. Theresa Heller (Mich. Ct. App. 2020).
“McNabb alleged under Count I that each defendant violated MCL 28.730 by using the sex offender registry to injure, harass, or commit a crime against an individual named in the registry.”
— Mich. Comp. Laws § 28.730(5) — 1 case
Martha Redmond v. Theresa Heller (Mich. Ct. App. 2020).
“McNabb alleged under Count I that each defendant violated MCL 28.730 by using the sex offender registry to injure, harass, or commit a crime against an individual named in the registry.”
— Mich. Comp. Laws § 28.730(6) — 1 case
Martha Redmond v. Theresa Heller (Mich. Ct. App. 2020).
“McNabb alleged under Count I that each defendant violated MCL 28.730 by using the sex offender registry to injure, harass, or commit a crime against an individual named in the registry.”
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