Bill Text: MI HB4094 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Crimes: human trafficking; safe harbor protection for minors who are victims of sex and labor trafficking; modify certain requirements. Amends sec. 451 of 1931 PA 328 (MCL 750.451).
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2021-02-04 - Bill Electronically Reproduced 02/03/2021 [HB4094 Detail]
Download: Michigan-2021-HB4094-Introduced.html
HOUSE BILL NO. 4094
February 03, 2021, Introduced by Reps. Rendon,
Whitsett, Glenn, Whiteford, Calley, Brabec, Kahle, Paquette, Bollin,
Wozniak, Clemente, Hammoud, Anthony, Puri, Thanedar, Bolden, Stone, Jones
and Yancey and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 451 (MCL 750.451), as amended by 2016 PA 338.
the people of the state of michigan enact:
Sec. 451. (1)
Except as otherwise provided in this section, a person convicted of violating
section 448, 449, 449a(1), 450, or 462 is guilty of a misdemeanor punishable by
imprisonment for not more than 93 days or a fine of not more than $500.00, or
both.
(2) A person 16 years of age or older who is convicted of
violating section 448, 449, 449a(1), 450, or 462 and who has 1 prior conviction
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.
(3) A person convicted of violating section 448, 449,
449a(1), 450, or 462 and who has 2 or more prior convictions is guilty of a
felony punishable by imprisonment for not more than 2 years or a fine of not
more than $2,000.00, or both.
(4) A person convicted of violating section 449a(2) is guilty
of a felony punishable by imprisonment for not more than 5 years or a fine of
not more than $10,000.00, or both.
(5) If the prosecuting attorney intends to seek an enhanced
sentence based upon the defendant having 1 or more prior convictions, the
prosecuting attorney shall include on the complaint and information a statement
listing the prior conviction or convictions. The existence of the defendant's
prior conviction or convictions shall
must be determined by the court,
without a jury, at sentencing or at a separate hearing for that purpose before
sentencing. The existence of a prior conviction may be established by any
evidence relevant for that purpose, including, but not limited to, 1 or more of
the following:
(a) A copy of the judgment of conviction.
(b) A transcript of a prior trial, plea-taking, or
sentencing.
(c) Information contained in a presentence report.
(d) The defendant's statement.
(6) In any prosecution of a person under 18 years of age for
an offense punishable under this section or a local ordinance substantially
corresponding to an offense punishable under this section, it shall must
be presumed that the person under 18 years of age was coerced
into child sexually abusive activity or commercial sexual activity in violation
of section 462e or otherwise forced or coerced into committing that offense by
another person engaged in human trafficking in violation of sections 462a to
462h. The prosecution may overcome this presumption by proving beyond a
reasonable doubt that the person was not forced or coerced into committing the
offense. The state may must petition the court to find the person under 18
years of age to be dependent and in danger of substantial physical or
psychological harm under section 2(b)(3) of chapter XIIA of the probate code of
1939, 1939 PA 288, MCL 712A.2. A person under 18 years of age who fails to
substantially comply with court-ordered services under section 2(b)(3) of
chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2, is not may
be eligible for the presumption under this section.
(7) Excluding any reasonable period of detention for
investigation purposes, a law enforcement officer who encounters a person under
18 years of age engaging in any conduct that would be a violation of section
448, 449, 450, or 462, or a local ordinance substantially corresponding to
section 448, 449, 450, or 462, if engaged in by a person 16 years of age or
over shall immediately report to the department of health and human services a
suspected violation of human trafficking involving a person under 18 years of
age in violation of sections 462a to 462h.
(8) The department of health and human services shall begin
an investigation of a human trafficking violation reported to the department of
health and human services under subsection (7) within 24 hours after the report
is made to the department of health and human services, as provided in section
8 of the child protection law, 1975 PA 238, MCL 722.628. The investigation shall must
include a determination as to whether the person under 18 years
of age is dependent and in danger of substantial physical or psychological harm
under section 2(b)(3) of chapter XIIA of the probate code of 1939, 1939 PA 288,
MCL 712A.2.
(9) As used in this section, "prior conviction"
means a violation of section 448, 449, 449a(1), 450, or 462 or a violation of a
law of another state or of a political subdivision of this state or another
state substantially corresponding to section 448, 449, 449a(1), 450, or 462.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
