HB-6430, As Passed House, September 20, 2006

SUBSTITUTE FOR

HOUSE BILL NO. 6430

     A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

(MCL 750.1 to 750.568) by adding section 411u.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 411u. (1) If a person has been convicted of an offense

described in subsection (3), and the person used a computer in the

commission of that offense, the person shall not access a

commercial social networking website.

     (2) If a person has been convicted of an offense described in

subsection (3), but the offense did not involve the use of a

computer, the person shall not directly contact a person whom he or

she knows or has reason to believe is under the age of 18 by means

of a commercial social networking website.

House Bill No. 6430 (H-3) as amended September 20, 2006

     (3) Subsections (1) and (2) apply to any listed offense, as

that term is defined in section 2 of the sex offenders registration

act, 1994 PA 295, MCL 28.722, or a law of another state or the

United States that substantially corresponds to 1 of those

offenses, in which the victim of the offense was less than 18 years

of age.

     (4) Except as provided in subsection (5), a person who

violates subsection (1) or (2) is guilty of a misdemeanor

punishable by imprisonment for not more than 1 year or a fine of

not more than $1,000.00, or both.

     (5) For a second or subsequent violation of subsection (1) or

(2), the person is guilty of a felony punishable by imprisonment

for not more than 5 years or a fine of not more than $5,000.00, or

both.

[(6) The department of state police, in cooperation with the department of education, shall develop or select materials on internet safety. These materials shall include, but are not limited to, information that will help children, parents, and teachers identify, avoid, and deal with potential threats to a child's safety. The department of state police shall make those materials available to school districts, public school academies, nonpublic schools, libraries, AND any other entity that provides public access to the internet. The department of state police shall also ensure that parents, teachers, and other members of the public have access to those materials.

(7)] As used in this section, "commercial social networking

website" means a commercially operated internet website offered by

a commercial entity that does all of the following:

     (a) Permits registered users to create an on-line profile that

includes detailed personal information.

     (b) Permits registered users to create an on-line journal and

share that journal with other users.

     (c) Permits registered users to share highly personalized

information.

     (d) Enables communication among users.

     Enacting section 1.  This amendatory act takes effect 90 days

after the date it is enacted.