Parents in Michigan say they were stunned to learn that a martial arts instructor working with children was listed on the state sex offender registry. Their complaints have now triggered a legislative push: a pair of bills that would block registered sex offenders from working at businesses that primarily serve minors. Supporters argue the bills would close a gap in current law that still allows people on the registry to own or operate youth-focused studios, camps, and other child-centered businesses.
What the bills would do
House Bill 5425 would amend the Sex Offenders Registration Act so that registrants could not be employed by businesses that "primarily provide services to individuals under the age of 18." The bill spells out examples that include martial arts and dance studios, summer camps, tutoring services, youth sports venues, bowling alleys, laser-tag centers, and escape rooms. Its companion, HB 5426, would adjust sentencing so that a first violation is treated as a misdemeanor and a second or later violation could be charged as a felony. The legislation would also require registrants to receive written notice of these employment restrictions when they register and when they verify their information, according to the House Fiscal Agency.
Where the bills stand
The measures, sponsored by Rep. Matthew Bierlein (R-Vassar), cleared a key hurdle last Wednesday when the House Judiciary Committee reported them out to the full House. Legislative records indicate they were reported "with recommendation without amendment" and sent on for a second reading, according to TrackBill.
Parents pushed the change
Parents from Bierlein's district told lawmakers they assumed there was no way a child sex offender could legally run a youth-focused studio, and that they were blindsided to discover otherwise. One parent testified, "Like nearly every adult I have spoken to, my wife and I assumed from the very beginning that a child sex offender could not possibly own and operate a child's martial arts studio." Local station FOX 2 Detroit reported that parents brought their concerns directly to Bierlein. The representative has said the bills are "about strengthening protections for children," according to Michigan Public.
Constitutional questions
Civil liberties advocates and criminal defense attorneys warned lawmakers that the proposed language might be unconstitutionally vague and could sweep up people whose original offenses did not involve children. They also raised difficult enforcement questions, such as whether late-night cleaning staff or mobile vendors serving youth venues would be covered. "This bill is certainly well-intentioned, but it is also flatly unconstitutional. So we oppose it for that reason," Miriam Aukerman, a senior staff attorney with the ACLU of Michigan, told legislators. Other organizations, including the Criminal Defense Attorneys of Michigan and Michigan Citizens for Justice, also filed opposition, according to reporting from MIRS.
What comes next
The bills now wait for action on the House floor. If they become law, they would take effect 90 days after enactment. Under the proposal, a first violation would be a misdemeanor, punishable by up to one year in jail or a fine of up to $1,000. Repeat violations would be treated as felonies, according to the House Fiscal Agency analysis. Parents who want to check whether an instructor or business owner is on the public registry can search names and addresses through the Michigan State Police Public Sex Offender Registry, the state notes on its site (Michigan State Police).
