28.723a Hearing to determine if individual exempt from registration.

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Sec. 3a.

(1)If an individual pleads guilty to or is found guilty of a listed offense or is adjudicated as a juvenile as being responsible for a listed offense but alleges that he or she is not required to register under this act because section 2(t)(v) or

(vi)applies or section 2(v)(iv) applies, and the prosecuting attorney disputes that allegation, the court shall conduct a hearing on the matter before sentencing or disposition to determine whether the individual is required to register under this act.

(2)The individual has the burden of proving by a preponderance of the evidence in a hearing under this section that his or her conduct falls within the exceptions described in subsection

(1)and that he or she is therefore not required to register under this act.

(3)The rules of evidence, except for those pertaining to privileges and protections set forth in section 520j of the Michigan penal code, 1931 PA 328, MCL 750.520j, do not apply to a hearing under this section.

(4)The prosecuting attorney shall give the victim notice of the date, time, and place of the hearing.

(5)The victim of the offense has the following rights in a hearing under this section:

(a)To submit a written statement to the court.

(b)To attend the hearing and to make a written or oral statement to the court.

(c)To refuse to attend the hearing.

(d)To attend the hearing but refuse to testify or make a statement at the hearing.

(6)The court's decision excusing or requiring the individual to register is a final order of the court and may be appealed by the prosecuting attorney or the individual as a matter of right.

(7)This section applies to criminal and juvenile cases pending on July 1, 2011 and to criminal and juvenile cases brought on and after that date.

History: Add. 2011, Act 17 , Imd. Eff. Apr. 12, 2011 ;-- Am. 2020, Act 295 , Eff. Mar. 24, 2021