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HB 5853

AN ACT RELATING TO FOOD AND DRUGS -- WHOLESALE PRESCRIPTION DRUG IMPORTATION PROGRAM

2025 Regular Session Introduced by Edith Ajello and 9 co-sponsors

HB 5853 broadens and clarifies Sec. 2 of the Sex Offenders Registration Act, expanding who must register (custodial authority, juvenile adjudications) and who enforces it.

03/06/2025 Committee recommended measure be held for further study
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Bill Summary · HB 5853

HB 5853 — Summary (Sex Offenders Registration Act — amendments to section 2, MCL 28.722)

Status & procedural history
- Introduced: June 25, 2024 (Rep. Laurie Pohutsky).
- House actions: Substitute (H‑1) adopted; passed the House with immediate effect on December 11, 2024 (Roll Call #435: 56–53).
- Transmitted to Senate and referred to committees: referred to Committee on Government Operations (12/18/2024); later listed as referred to Joint Committee on Education (1/22/2025). Bill is pending in committee.

Purpose / intent
- Amend and modernize the definitional section (Sec. 2) of the Sex Offenders Registration Act (1994 PA 295, MCL 28.722) to clarify and expand terms used throughout the Act. These definitional changes affect who is subject to registration and how other provisions of the Act apply.

Key provisions and definitional changes
The substitute rewrites and clarifies many definitions used in the Act. Notable changes include:

  • "Convicted"

    • Clarifies that “convicted” includes a judgment of conviction or probation order from courts (including tribal and military) but excludes convictions later set aside or expunged.
    • Specifies treatment of certain juvenile dispositions (e.g., youthful trainee status and dispositions under probate/juvenile codes), and explicitly includes certain juvenile adjudications from other jurisdictions when the actor was 14 or older and the adjudication would be classed as a Tier III offense.

  • "Custodial authority"

    • Provides an extended, enumerated list of circumstances when an actor is considered to have custodial authority over a victim (examples: same household, related by blood/affinity up to 4th degree, teachers/administrators, employees/contractors/volunteers of schools, corrections employees or vendors, county employees, and facility staff where a court detained the victim). This definition clarifies when enhanced rules or penalties tied to an authority relationship may apply.

  • "Employee"

    • Broadly defined to include self‑employed persons, part‑time or full‑time employees, contractual providers, and volunteers irrespective of compensation.

  • "Indigent"

    • Defines criteria for indigency: recent court finding of indigence, participation in DHHS food assistance, or income below federal poverty guidelines.

  • Other clarified definitions

    • “Internet identifier,” “institution of higher education,” “listed offense” (tier I/II/III), “local law enforcement agency,” “minor” (victim under 18 at time of offense), “registering authority,” “registration jurisdiction,” and “residence” (for registration and voting purposes) are defined or clarified.

Who is affected
- Individuals subject to sex‑offender registration (including those with juvenile adjudications that may be treated as convictions for registration purposes).
- Law enforcement agencies and registering authorities responsible for maintaining and processing registration information.
- Schools, institutions of higher education, correctional providers, vendors, contractors, and volunteers (because of the expanded “custodial authority” language).
- Courts adjudicating juvenile matters, and entities that determine indigency or residency for registration and voting purposes.

Potential impact
- The clarified/expanded definitions could broaden the scenarios in which registration and related obligations apply (for example, certain juvenile adjudications treated as triggering registration and broader application where an actor held custodial authority).
- Administrative impacts for local law enforcement and the Department of State Police implementing registration changes and processing potentially increased registrations or altered reporting requirements.
- Institutions (schools, corrections, vendors) may see clearer grounds for policy or reporting requirements tied to employees/volunteers.

Scope note
- HB 5853 focuses on amending the definitions in Sec. 2 of the Sex Offenders Registration Act. The full practical effect depends on how these definitions interact with other provisions of the Act (tiering, registration periods, reporting duties, offenses). The bill text provided is extensive but truncated in places; readers should consult the full substitute (H‑1) text and any legislative analyses for complete detail.

Compiled from official sources — confirm details with the bill’s official record.

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