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HB 5026

AN ACT RELATING TO INSURANCE -- ACCIDENT AND SICKNESS INSURANCE POLICIES

2025 Regular Session Introduced by Mia Ackerman and 9 co-sponsors

Michigan expands SORA definitions, broadening who is convicted, who counts as custodial authority or an employee, and who must register, altering tiering and obligations.

03/06/2025 Committee recommended measure be held for further study
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Bill Summary · HB 5026

Summary — HB 5026 (1994 PA 295, Sex Offenders Registration Act amendments)

Status
- Bill amends the Sex Offenders Registration Act (1994 PA 295), specifically section 2 (MCL 28.722), as amended by 2024 PA 66.
- Enacted as Chapter 524 (2025 Laws). Effective date shown as July 17, 2025. Legislative history shows passage and signatures in June–July 2025. (Document contains some date/metadata inconsistencies; see “Notes” below.)
- Introduced as HB 5026; companion bill: HB 116.

Purpose / Intent
- To revise and clarify key definitions used throughout Michigan’s Sex Offenders Registration Act (SORA). These definitional changes affect who is treated as “convicted,” who counts as having “custodial authority,” the scope of who is an “employee,” indigency standards, and other registration-related terms. These changes affect registration obligations, tiering, and administrative procedures under SORA.

Key provisions and changes
- “Convicted”
- Clarifies that “convicted” includes judgments or probation orders from any court with criminal jurisdiction, expressly including tribal courts and military courts.
- Retains exclusions for convictions later set aside or expunged.
- Refines treatment of youthful trainee assignments (pre-10/1/2004) and specifies conditions when such status does or does not count as a conviction for SORA purposes.
- Includes certain juvenile orders of disposition (Michigan and out‑of‑state) as “convicted” when the individual was age 14+ at the time and the offense would qualify as a tier III offense.

  • “Custodial authority”

    • Expands and enumerates circumstances that constitute custodial authority, including:
    • Same-household members; relatives by blood or affinity up to fourth degree.
    • Persons in positions of authority who used that authority to coerce the victim.
    • Teachers, school administrators, school employees/contractors/volunteers who used their role to gain access/relationship.
    • Corrections employees/contractors/volunteers (including private vendors) who used authority over persons under corrections’ jurisdiction.
    • County employees/volunteers involved with prisoners or probationers.
    • Employees/volunteers of facilities detaining youth awaiting trial/hearing.
    • These clarifications broaden the circumstances in which an offense may be treated as involving custodial authority.

  • “Employee”

    • Broadened to explicitly include self‑employed individuals, part‑time employees, contractual providers, and volunteers — irrespective of compensation.

  • “Indigent”

    • Establishes three alternative criteria for indigency: recent court finding of indigence (within 6 months), enrollment in DHHS food assistance, or annual income below current federal poverty guidelines. (Likely relevant for fee waivers or ability to pay registration costs.)

  • Other definitional clarifications

    • Adds/defines terms such as “internet identifier,” “institution of higher education,” “listed offense,” “local law enforcement agency,” “minor” (victim under 18 at time of offense), “municipality,” “registering authority,” and “registration jurisdiction.”
    • The bill text provided is truncated before finishing the definition of “residence.”

Who is affected
- Individuals subject to SORA (including adults and qualifying juveniles), because expanded definitions can (1) increase the set of adjudications treated as convictions, (2) broaden circumstances that elevate offenses involving custodial authority, and (3) alter registration and tiering consequences.
- Schools, correctional institutions, private vendors, volunteers, and employees who interact with minors or incarcerated persons may be affected by the broader “custodial authority” and “employee” definitions.
- Local law enforcement and the Michigan State Police (the department responsible for administration) for implementation and enforcement of registration requirements.
- Individuals seeking fee waivers or indigency determinations related to registration costs.

Procedural / timing notes
- Enacted as Chapter 524 with an effective date listed as July 17, 2025. Legislative actions show committee referrals, readings, amendment/engrossment activity, and final passage/signature in June–July 2025.
- The bill title metadata indicates an emergency declaration; where present, an emergency clause would make the act effective immediately on signing — readers should check the enacted statute text for whether an emergency clause was adopted.

Notes and caveats
- The submitted document mixes metadata and dates that are internally inconsistent (e.g., introduction dates in March vs. September 2025). This summary is based on the statutory text excerpt provided (definitions added/changed in section 2) and the stated enacted chapter/effective date (Chapter 524, effective July 17, 2025). Consult the official enrolled law (Chapter 524, 2025) and the Michigan Compiled Laws (MCL 28.722) for the final, authoritative language and any emergency clause.

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

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