| Child Welfare and Safety 2006 |
Bills Signed Into Law...Public Act 22 of 2005 (HB 4242) Adoption Name Changes (Hummel) Creates a simplified process for foreign adoption name changes. Effective 5/19/05. Public Act 82 of 2005 (HB 4826) Child Abuse Prevention Board (Baxter) Increases the number of public members on the child abuse and neglect prevention board. Effective 7/20/05. Public Act 104 of 2005 (HB 4702) Sexually Explicit Games (Pavlov) Includes video games in definition of sexually explicit matter in law prohibiting dissemination to minors. Effective 9/13/05. Public Act 106 of 2005 (SB 170) Crime in Child's Presence (Patterson) Includes penalty provisions for violent crimes committed in the presence of a child in sentencing guidelines and establishes a certain warrant and police policies for domestic violence involving individuals who have had a dating relationship, and revises other sentencing guideline provisions. Effective 9/14/05. Public Act 122 of 2005 (SB 606) Sex Offender Reporting (Bishop) Revises sentencing guidelines for crime of failing to report sex offender registration information to a police agency to reflect increased penalties. Effective 10/5/05. Public Act 123 of 2005 (SB 607) Sex Offender Reporting (Patterson) Revises penalties for failing to report certain sex offender registration information to police agency and requires report upon vacating residence. Effective 10/5/05. Public Act 126 of 2005 (SB 129) Child Sexual Assault Restriction (Sanborn) Prohibits an individual convicted of child sexual assault from residing within one mile of a school or entering upon school property as condition of probation and provides a minimum term of probation. Effective 10/5/05. Public Act 132 of 2005 (HB 4934) Sex Offender Registration (Ball) Revises the sentencing guidelines for the crime of failing to report sex offender registration information to police agency to reflect increased penalties. Effective 10/5/05. Public Act 139 of 2005 (SB 616) Student Safety Zone (Cassis) Establishes sentencing guidelines for crimes of living working, or loitering in a student safety zone. Effective 10/5/06. Public Act 205 of 2005 (SB 74) False Amber Alert Penalties (Goschka) Prohibits and provides penalties for false Amber Alerts. Effective 11/29/05. Public Act 206 of 2005 (SB 708) Children's Registry Provides technical amendments to children's protection registry act. Effective 11/29/05. Public Act 207 of 2005 (SB 134) False Child Abduction (Cassis) Creates sentencing guidelines for the crime of intentionally falsely reporting the abduction of a child to authorities. Effective 11/29.05. Public Act 245 of 2005 (SB 308) Obscenity (Olshove) Prohibits a parent or guardian displaying sexually explicit material to his or her child for purposes of sexual gratification. Effective 2/1/06. Public Act 298 of 2005 (SB 785) Child Protection (Bishop) Provides safeguards to prevent certain messages regarding tobacco, alcohol, pornography and gambling from reaching children via the Internet. Effective 12/29/05. Public Act 327 of 2005 (SB 714) Military Parents Custody (Birkholz) Defines military active duty for use with PA 328. Effective 12/29/05. Public Act 328 of 2005 (HB 5100) Military Parents Custody (Jones) Modifies military parental custody rights. Effective 12/29/05. Public Act 46 of 2006 (SB 128) Sex Offender E-mail Notification (Sanborn) Requires notification by e-mail to certain individuals when a registered sex offender relocates into or within a certain proximity of a zip code. Effective 1/1/07. Public Act 105 of 2006 (HB 4161) Presumption of Custody (Pastor) Repeals a provision regarding presumption of custody in acknowledgement of parentage act. Effective 04/07/06. Public Act 159 of 2006 (HB 5450) Kidnapping (Van Regenmorter) Clarifies elements of kidnapping. Effective 05/25/06. Public Act 165 of 2006 (SB 709) Sex Crime Penalties (Stamas) and Public Act 166 of 2006 (SB 717) (Thomas) Increases penalties for certain criminal sexual conduct violations and revises sentencing guidelines for crime of first degree criminal sexual conduct to reflect increased penalties. Effective 05/29/06. Public Act 167 of 2006 (SB 718) Sex Criminal Parole Ban (Gilbert) Bans parole for certain criminal sexual conduct violations. Effective 05/29/06. Public Act 168 of 2006 (SB 1122) Parolees (Sanborn) Requires sex offenders to be monitored by global positioning devices while on parole. Effective 05/26/06. Public Act 169 of 2006 (HB 5421 ) and Public Act 170 of 2006 (HB 5422) Armed Sexual Assault (Pavlov) Provides 25-year minimum felony punishment for persons aged 17 or older who commit criminal sexual conduct while armed against a minor, and revises jurisdiction of parole board over prisoner convicted of violent first degree sexual conduct against a minor. Effective 05/29/06. Public Act 171 of 2006 (HB 5531) and Public Act 172 of 2006 (HB 5532 ) Sex Crime Tether (Law, D.) Provides for a lifetime electronic monitoring of persons convicted of certain criminal sexual conduct crimes and establishes penalties for tampering with electronic monitoring devise, and provides for a lifetime satellite tracking of certain sex offenders. Effective 05/29/06. Public Act 256 of 2006 (SB 1116) Children's Exposure to Methamphetamines (Hardiman) Incorporated SB 1117 (Gilbert) and SB 1118 (Hammerstrom). Adds meth exposure to the child protection act, requires the Department of Human Services to cooperate with law enforcement when exposure is found, and mandates automatic referral to prosecutors. Effective 7/06/06. Public Act 264 of 2006 (HB 5844) Children's Meth exposure (Baxter) and HB 5843 (Casperson) Establishes reporting requirements for child suspected of having been exposed to or having had contact with methamphetamine production. Effective 06/30/06. Public Act 266 of 2006 (HB 5930) Meth Exposure (Schuitmaker) Creates protocol for children exposed to methamphetamine. Effective 06/30/2006. Public Act 352 of 2006 (HB 5602) Adoption Inheritance Rights (Schuitmaker) Removes conflicts between EPIC and adoption code. Effective 09/18/06. Public Act 353 of 2006 (SB 420) Grandparent Visitation (Clark-Coleman) Limits provisions regarding grandparent visitation after stepparent adoption to parent of a deceased parent of the child. Signed: 09/15/06; Effective: 09/18/06. Public Act 402 of 2006 (HB 5193) Sex Offender Information (Baxter) Requires the Department of Corrections to provide sex offender residential information to the local sheriffs' department. Signed: 09/29/06; Effective: 11/09/06. Public Act 403 of 2006 (HB 5194) Sex Offender Residents (Baxter) Requires sex offenders to provide address information to the Department of Corrections prior to release on parole. Signed: 09/29/06; Effective: 11/09/06. Public Act 404 of 2006 (HB 6135) Sex Offender Housing Notice (Baxter) Provides sentencing guidelines for crime of failure by sex offender to provide notification of proposed residency upon release from prison. Signed: 09/29/06; Effective: 09/29/06. Public Act 488 of 2006 (SB 1292) Safe Newborn Delivery (Johnson) Provides general amendments to safe delivery of newborns program. Signed: 12/28/06; Effective 12/28/06. Public Act 507 of 2006 (SB 1110) Child Abuse Sentencing (Garcia) Allows increased probation time for misdemeanor child abuse. Signed by the Governor 12/28/06; Effective 12/28/06. Public Act 583 of 2006 (SB 1410) Child Abuse Follow up (Hardiman) Clarifies procedure for follow up to report of child abuse and neglect involving licensed facility or home. Signed: 12/30/06; Effective 12/30/06. Public Act 618 of 2006 (SB 1254) Child Protection (Hardiman) Extends time period for Department of Human Services to submit reports regarding child protection services. Signed: 01/03/07; Effective 01/03/07. Public Act 620 of 2006 (SB 1428) Drug Courts (Cropsey) Allows defendants to attend drug treatment courts in other jurisdictions. Signed: 01/03/07; Effective 01/03/07. Public Act 621 of 2006 (SB 1512) Child Protective Services Info (Hardiman) Allows a disclosure of certain child protective services information. Signed: 01/03/07; Effective 01/03/07. Public Act 630 of 2006 (HB 4420) Child Abuse Investigation (Sheen) Revises circumstances under which an investigation may commence for child abuse or neglect. Signed: 01/03/07; Effective 01/03/07. Public Act 663 of 2006 (HB 5968) Domestic Assault Punishment (Schuitmaker) Prohibits deferral of sentencing for certain domestic assault crimes. Effective 01/08/07. Bills in Action...SB 130 Youth Sport Coach Disclosure (Sanborn) Requires disclosure of certain convictions from persons coaching independent youth athletic teams. Action: Introduced and referred to the Judiciary Committee (2/1/05). Reported with substitution S-2 and amendment(s) (5/5/05). Passed the Senate (5/10/05). Referred to the House Judiciary Committee (5/10/05). Reported with recommendation for Substitution H-2 (6/28/05). Passed by the House (6/30/05). Referred to the Senate (6/30/05). Senate adopts substitution S-1 (9/27/05). House substitute H-2 concurred in as substitute S-1 (9/27/05). Re-returned from Senate with substitute S-1 to House substitute H-2 with title amendment (09/27/05). Re-referred to House Judiciary Committee (02/28/06). SB 131 Sexually Explicit Material (Sanborn) Prohibits publicly displaying or playing sexually explicit material. Action: Introduced and referred to the Judiciary Committee (2/1/05) Reported with recommendation with substitution S-2 (5/5/05). Substitution S-2 adopted (5/5/05). Passed the Senate (5/10/05). Referred to the House Judiciary Committee (5/10/05). SB 605 Sex Offender Employment (Gilbert) Enacts sentencing guidelines for crime of accepting employment or volunteer status with certain entities in which children are present. A similar bill was introduced in the House HB 4957. Action: Introduced and referred to the Judiciary Committee (6/16/05). Reported favorably (6/29/05). Passed by the Senate and referred to the House Judiciary Committee (6/30/05). SB 1411 Foster Care Check (Van Woerkom) Requires background check on foster care providers and applicants of adult residents of foster care homes. Introduced and referred to Families and Human Services (9/7/06). Reported (9/13/06). Substitute S-1 adopted. (09/19/06). Passed by Senate and referred to the House Family and Children's Services Committee (09/20/06). SB 1412 National Database (Sanborn) Complies with federal requirements to submit central registry cases to national database. Introduced and referred to Families and Human Services (9/7/06). Reported (9/13/06). Passed (12/13/06). Enrolled (12/14/06). Vetoed by the Governor (01/08/07). HB 4721 Sex Offender Notification (Vander Veen) Requires notification by e-mail to certain individuals when a registered sex offender relocates into a zip code. Action: Introduced and referred to the Judiciary Committee (5/3/05). Reported with substitution H-2 (11/9/05). Substitute H-1 adopted (12/6/05). Passed by the House (12/8/05). Referred to the Senate Judiciary Committee (12/8/05). HB 4935 Sex Offender Registration (Rocca) Revises the sentencing guidelines for the crime of failing to report sex offender registration information to police agency to reflect increased penalties. Action: Introduced and referred to the Judiciary Committee (6/14/05). Reported with recommendation with substitution H-2 (6/28/05). Passed by the House (6/29/05). Referred to the Senate Judiciary Committee (6/30/05). HB 4957 Sex Offender Employment (Taub) Enacts sentencing guidelines for crime of accepting employment or volunteer status with certain entities in which children are present. A similar bill was introduced in the Senate SB 605. Action: Introduced and referred to the Judiciary Committee (6/14/05). Reported with recommendation (6/28/05). Substitute H-1 Passed the House and was referred to the Senate Judiciary Committee (6/28/05). Reported with recommendation (8/31/05). Substitute S-1 Passed the Senate (8/31/05). Re-referred to the House Judiciary Committee (2/28/06). HB 5908 Child Placement Objectives (Stahl) Allows for objections to placements of children by an agency based on religious or moral convictions. Introduced and referred to the Family and Children Services Committee (3/23/06). Reported in committee (6/22/06). Passed (9/5/06). Received by the Senate and referred to Families and Human Services Committee (9/6/06). HB 5909 Child Placement Licensure (Hummel) Allows licensure of child placing agency that objects to placements on religious and moral convictions. Introduced and referred to the Family and Children Services Committee (3/23/06). Reported with Substitute H-1 (6/22/06). Passed (9/5/06). Received by the Senate and referred to Families and Human Services Committee (9/6/06). HB 5914 Unattended Children (Amos) and HB 5915 (Law, D.) Prohibits leaving children unattended in a vehicle; provides criminal misdemeanor and felony punishment for violations. Provides sentencing guidelines for leaving children unattended in a vehicle. Introduced and referred to the Judiciary Committee (3/28/06). Reported with Substitute H-3 and amendments (5/31/06). Passed (6/15/06). Received by the Senate and referred to Judiciary Committee (6/20/06). HB 6307 Coaches Sexual Conduct (Emmons) Adds coaches to the list of individuals who can be charged with criminal sexual conduct. Introduced and referred to Judiciary committee (7/12/06). Reported with Substitute H-2 (9/13/06). HB 6430 Sex Offender Web Limits (Law, D.) and HB 6431 (Farhat) Prohibits access to certain social web sites by sex offenders and enacts sentencing guidelines for crime of accessing social networking websites by sex offenders. Introduced and referred to Judiciary (9/7/06). Reported with Substitutes H-2 and H-3 (9/19/06). Received by the Senate and referred to Judiciary (11/9/06). HB 6440 Children's Ombudsman (Law, D.) Transfers office of children's ombudsman to legislative council. Introduced and referred to Family and Children Services (9/7/06). Reported with Substitute H-1and amendment (9/13/06). Received by the Senate and referred to Families and Human Services Committee (11/9/06). Reported (12/6/06). Passed (12/13/06). Enrolled (12/14/06). Presented to the Governor (12/15/06). Vetoed by the Governor (12/29/06). HB 6661 Adoption Subsidies (Hummel) Codifies federal adoption subsidies. Introduced and referred to Family and Children Services Committee (11/28/06). Reported with substitute H-1 (12/5/06). Adopted by the House (12/05/06). Discharged from Senate Judiciary (12/13/06). Enrolled with Substitute S-1 concurred in (12/14/06). Adopted by the Senate (12/14/06). Adopted by House with Senate Substitute S-1 (12/14/06). Vetoed by the Governor 01/04/07. HR 96 Child Safety (Kolb) Recognizes July 9 as Child Passenger Safety Day. Action: Adopted (6/22/05). HR 109 Children's Internet Safety Month (Palmer) Commemorates September 2005 as Children's Internet Safety Month. Adopted (7/13/05). HR 204 Special Committee on Child Protection (DeRoche) Creates a special committee on child protection. Adopted (3/2/06). HR 213 Children's Internet Safety Month (Palmer) Commemorates September 2006 as Children's Internet Safety Month. Adopted (3/9/06). HR 272 Child Protection (DeRoche) Extends the reporting time for the Special Committee on Child Protection. Adopted (6/8/06). Other Introduced Legislation...SB 18 Child Care Removal (Clark-Coleman) This bill prohibits the removal of a child under relative's care as foster care. Introduced and referred to the Judiciary Committee (1/12/05). SB 19 Relative Child Care (Clark-Coleman) This bill requires the same level of support for relative care as foster care. Introduced and referred to the Judiciary Committee (1/12/05). SB 60 Incapacitated Parent Custody Action (Cherry) This bill adds incapacitated parent as a basis for custody action by a third person. Introduced and referred to the Judiciary Committee (1/25/05). SB 379 Special Advocates (Van Woerkom) Provides for court-appointed special advocates for children. Introduced and referred to the Judiciary Committee (04/13/05). SB 436 Child Born out of Wedlock (McManus) Revises the definition of "child born out of wedlock. Introduced and referred to the Families and Human Services Committee (4/27/05). SB 439 Children, Controlled Substances (Schauer) Establishes the manufacturing, creating, delivering, or possession with intent to manufacture, create or deliver controlled substances in a building with children present as child neglect. Introduced and referred to Families and Human Services Committee (4/28/05). SB 535 Drug Use and Child Custody (Jelinek) Allows proven drug use history and convictions to be used when determining custody of a child. Introduced and referred to the Families and Human Services Committee (5/25/05). SB 602 Child Custody Substitute Service (Cherry) Allows the use of substitute service for child custody by order from court of record for certain out-of-state individuals. Introduced and referred to the Families and Human Services (6/16/05). SB 758 Sex Offender Monitoring (Goschka) Places an electronic monitoring device on sex offenders and considers wrongful contact and address registration a 10 year felony. Introduced and referred to the Judiciary Committee (9/15/05). SB 1057 Child Abuse Definitions (Jelinek) Adds committing an act likely to harm a child to the definition of child abuse. Introduced and referred to the Committee on Families and Human Services (2/22/06). SB 1102 Foster Parent Payment Rates (George) Adjusts the rate of payment to foster parents based on whether there is a smoker in the house. Introduced and referred to the Family and Human Services Committee (2/28/06). SB 1324 Relative Guardianship (Clark-Coleman) Establishes relative guardianship assistance act. Introduced and referred to Families and Human Services Committee (6/21/06). SB 1502 Child Protection Appeals (Barcia) Provides appeal process in child protection law. Introduced and referred to Judiciary Committee (11/28/06). SB 1507 Child Care Licensing (Jacobs) Revised definitions, licensing and registration requirements for child care protective services. Introduced and referred to Families and Human Services Committee (11/28/06). SJR G Sex Offender Bail (Goschka) Amends state constitution to grant courts power to deny release on bail for felony and involving sexual assault of minor. Introduced and referred to Appropriations Committee (9/15/05). Re-referred to Judiciary Committee (9/20/05). HB 4038 Adult Presence for Child Interview (Sheen) This bill requires the presence of certain adult during interview process of a child suspected of abuse or neglect. Introduced and referred to Family and Children Services Committee (1/27/05). HB 4120 Youth Disability Rehabilitation (Clack) This bill requires department to develop and implement an individualized education program for certain individuals with disabilities. Introduced and referred to the Family and Children Services Committee (2/1/05). HB 4121 Work First Program Sunset (Clack) This bill repeals sunset on the work first program. Introduced and referred to the Family and Children Services Committee (2/1/05). HB 4122 Public Wards (Clack) This bill establishes policies and procedures to identify public wards certified as requiring special education programs and services. Introduced and referred to the Family and Children Services Committee (2/1/05). HB 4123 Foster Care Independence (Clack) This bill creates the foster care independence act that provides services for certain youth in foster care. Introduced and referred the the Family and Children Services Committee (2/1/05). HB 4467 Children Sex Victims (Condino) This bill extends the statute of limitations for civil actions for damages resulting from criminal sexual conduct against a minor. Introduced and referred to the Judiciary Committee (3/8/05). HB 4499 Child Abuse (Green) Provides for drunken driving as a form of child abuse. Introduced and referred to the Judiciary Committee (3/15/05). HB 4650 Firearms to Minors (Lemmons III) Prohibits and provides penalties for purchasing or attempting to purchase a firearm with intent to furnish that firearm to a minor or any other individual who is prohibited from having a firearm. Introduced and referred to the Judiciary Committee (4/21/05) HB 4651 Firearms to Minors Sentencing (Lemmons III) Enacts sentencing guidelines for crime of purchasing firearm with intent to distribute or distributing firearm to minor or other unqualified person. Introduced and referred to the Judiciary Committee (4/21/05). HB 4652 Criminal Sexual Conduct Age (Lemmons III) Increase the age of consent for certain criminal sexual conduct violations to 18. Introduced and referred to the Judiciary Committee (4/21/05). Notice given to discharge committee (9/21/06). HB 4736 Adoption Income Tax Credit (Hoogendyk) Provides for an income tax credit for the adoption of children who were under the jurisdiction of the courts or wards of the State. Introduced and referred to the Tax Policy Committee (5/5/05). HB 4738 Degrees of Child Abuse (Van Regenmorter) Revises the definitions of the various degrees of child abuse. Action: Introduced and referred to the Judiciary Committee (5/5/05). HB 4780 Adoption Leave (Gillard) Provides for adoption leave. Introduced and referred to the Employment Relations, Training, and Safety Committee (5/12/05). HB 4787 Child Care Seat Grant (Kolb) Provides for funding for a child car seat safety grant program. Introduced and referred to the Employment Relations, Training and Safety (5/12/05). Re-assigned to the Transportation Committee (5/17/05). HB 4985 School Tobacco Products (Kolb) Eliminates exception for outdoor areas for the use of tobacco products on school property. Introduced and referred to the Judiciary Committee (6/22/05). HB 4986 School Tobacco Products (Kolb) Prohibits the use of tobacco products on school property and provides penalties. Introduced and referred to the Judiciary Committee (6/22/05). HB 5088 Child Support Termination (Lemmons III) Allows for termination of child support on evidence that the payer is not the biological parent. Introduced and referred to the Family and Children Services (8/10/05). HB 5089 Restricted Adult Video Games (Lemmons III) Prohibits selling or renting of violent, sexually explicit video games to persons under 17 years of age. Introduced and referred to the Judiciary Committee (8/10/05). HB 5184 Welfare/Medicaid Residency (Baxter) Establishes a residency requirement to receive family independence cash assistance and medical assistance. Introduced and referred to the Family and Children Services Committee (9/15/05). HB 5267 Joint Custody (Mortimer) Mandates joint custody in every custody dispute between parents except in certain circumstances. Introduced and referred to the Family and Children Services Committee (10/6/05). HB 5579 Children's Seatbelts (Angerer) Increases the age requirement from 16 to 18 for use of seatbelts in rear seat of motor vehicle. Introduced and referred to the Transportation Committee (1/24/06). HB 5738 Sex Offender Reports (Rocca) Creates a hotline for reporting the location of individuals on the sex offender registry. Introduced and referred to the Judiciary Committee (2/22/06) HB 5842 Children's Meth exposure (Mortimer) Requires department of human services to assist and cooperate with law enforcement officials when child has been exposed to methamphetamine. Reported to the committee on Family and Children Services (3/23/06). A similar bill SB 1116 (Hardiman) was reported to the Senate Committee Families and Human Services (3/22/06). Passed with substitute H-1 adopted (4/27/06). Received by the Senate and referred to Families and Human Services Committee (5/2/06). HB 5843 Children's Meth exposure (Casperson) Requires referral of cases involving child exposure to methamphetamine production to the prosecuting attorney. Reported to the committee on Family and Children Services (3/23/06). A similar bill SB 1117 (Gilbert) was reported to the Senate Families and Human Services subcommittee (3/22/06). Passed (4/27/06). Received by the Senate and referred to Families and Human Services Committee (5/2/06). Reported (5/10/06). HB 6251 Foster Care Placement (Polidori) Gives special consideration of foster care placement to relatives and for the consideration of religion. Introduced and referred to Family and Human Services Committee (6/21/06). HB 6319 Child Custody (Jones) Prohibits custody to a parent convicted of criminal sexual conduct against his or her child. Introduced and referred to Judiciary (8/09/06). HB 6441 Child Protection (Farhat) and HB 6442 (Palsrok) Includes definition of domestic violence in child protection law, and requires arresting law enforcement agency to notify Department of Human Services of domestic violence incidents where children are present. Introduced and referred to Family and Children Services (9/7/06). HB 6443 Child Protection (Baxter) Requires child protective services workers to cross-reference with the central case registry when notified of domestic violence incident. Introduced and referred to Family and Children Services (9/7/06). HB 6444 Child Protection (Vander Veen) Expands central case registry under child protection law to include category III child protective services cases. Introduced and referred to Family and Children Services (9/7/06). HB 6445 Child Protection (Hoogendyk) Clarifies categories established in child protection law for child abuse investigations. Introduced and referred to Family and Children Services (9/7/06). HB 6682 Children's Ombudsman (Law, D.) Implements a requirement to report a death of a child to the children's ombudsman within 10 business days. Introduced and referred to Family and Children's Services Committee (11/30/06). HR242 Crime Victim Week (Van Regenmorter) Commemorates April 23-29, 2006 as Crime Victims Rights Week. Adopted (4/19/06).
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