Bill Text: MI HB4098 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Crimes: prostitution; references to prostitute and prostitution; modify in the Michigan penal code. Amends secs. 167 & 520m of 1931 PA 328 (MCL 750.167 & 750.520m). TIE BAR WITH: HB 4112'21
Spectrum: Slight Partisan Bill (Democrat 14-9)
Status: (Introduced - Dead) 2021-02-04 - Bill Electronically Reproduced 02/03/2021 [HB4098 Detail]
Download: Michigan-2021-HB4098-Introduced.html
HOUSE BILL NO. 4098
February 03, 2021, Introduced by Reps. Yancey,
Whitsett, Glenn, Whiteford, Calley, Brabec, Kahle, Rendon, Paquette,
Bollin, Wozniak, Lasinski, Clemente, Camilleri, Hammoud, Hope, Anthony,
Thanedar, Puri, Bolden, Stone, Allor and Jones and referred to the
Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending sections 167 and 520m (MCL 750.167 and 750.520m), section 167 as amended by 2014 PA 199 and section 520m as amended by 2014 PA 459.
the people of the state of michigan enact:
Sec. 167. (1) A
person is a disorderly person if the person is any of the following:
(a) A person of sufficient ability who refuses or neglects to
support his or her family.
(b) A common prostitute.person engaged in commercial sexual activity.
(c) A window peeper.
(d) A person who engages in an illegal occupation or
business.
(e) A person who is intoxicated in a public place and who is
either endangering directly the safety of another person or of property or is
acting in a manner that causes a public disturbance.
(f) A person who is engaged in indecent or obscene conduct in
a public place.
(g) A vagrant.
(h) A person found begging in a public place.
(i) A person found loitering in a house,
of ill fame or prostitution or place where
prostitution or lewdness vehicle,
or other place in which commercial sexual activity is practiced,
encouraged, or allowed.
(j) A person who knowingly loiters in or about a place where
an illegal occupation or business is being conducted.
(k) A person who loiters in or about a police station, police
headquarters building, county jail, hospital, court building, or other public
building or place for the purpose of soliciting employment of legal services or
the services of sureties upon criminal recognizances.
(l) A person who is found
jostling or roughly crowding people unnecessarily in a public place.
(2) If a person who has
been convicted of refusing or neglecting to support his or her family under
this section is charged with subsequent violations within a period of 2 years,
that person shall must be
prosecuted as a second offender or third and
subsequent offender person who was previously
convicted as provided described in section 168, 168(2)(b), if the family of that person is then
receiving public relief or support.
(3) A mother's
breastfeeding of a child or expressing breast milk does not constitute indecent
or obscene conduct under subsection (1) regardless of whether or not her areola
or nipple is visible during or incidental to the breastfeeding or expressing of
breast milk.
Sec. 520m. (1) A
person shall provide samples for chemical testing for DNA identification
profiling or a determination of the sample's genetic markers and shall provide
samples for chemical testing if any of the following apply:
(a) The individual is arrested for committing or attempting
to commit a felony offense or an offense that would be a felony if committed by
an adult.
(b) The person is convicted of, or found responsible for, a
felony or attempted felony, or any of the following misdemeanors or local
ordinances that are substantially corresponding to the following misdemeanors:
(i) A violation of section
167(1)(c), (f), or (i), disorderly person by window peeping, engaging in
indecent or obscene conduct in public, or loitering in a house of ill fame or prostitution.or
other place resorted to for the purpose of commercial sexual activity.
(ii) A violation of section 335a(1), indecent exposure.
(iii) A violation punishable under section 451(1) or (2), first and second prostitution violations.451 for detaining a person less than 16 years of age for
purposes of commercial sexual activity.
(iv) A violation of section 454, leasing
renting a house or
other place for purposes of prostitution.commercial sexual activity.
(2) Notwithstanding
subsection (1), if at the time the person is arrested for, convicted of, or
found responsible for the violation the investigating law enforcement agency or
the department of state police already has a sample from the person that meets
the requirements of the DNA identification profiling system act, 1990 PA 250,
MCL 28.171 to 28.176, the person is not required to provide another sample or
pay the assessment required under subsection (5).
(3) The county sheriff
or the investigating law enforcement agency shall collect and transmit the
samples in the manner required under the DNA identification profiling system
act, 1990 PA 250, MCL 28.171 to 28.176.
(4) An investigating law
enforcement agency, prosecuting agency, or court that has in its possession a
DNA identification sample obtained from a person under subsection (1) shall
forward the DNA identification sample to the department of state police after
the person from whom the sample was taken has been charged with committing or
attempting to commit a felony offense or an offense that would be a felony if
committed by an adult unless the department of state police already has a DNA
identification profile of the person.
(5) The court shall
order each person found responsible for or convicted of 1 or more crimes listed
in subsection (1) to pay an assessment of $60.00. The assessment required under
this subsection is in addition to any fine, costs, or other assessments imposed
by the court.
(6) An assessment
required under subsection (5) shall must be ordered upon the record, and shall must be listed
separately in the adjudication order, judgment of sentence, or order of
probation.
(7) After reviewing a
verified petition by a person against whom an assessment is imposed under
subsection (5), the court may suspend payment of all or part of the assessment
if it determines the person is unable to pay the assessment.
(8) The court that
imposes the assessment prescribed under subsection (5) may retain 10% of all
assessments or portions of assessments collected for costs incurred under this
section and shall transmit that money to its funding unit. On the last day of
each month, the clerk of the court shall transmit the assessments or portions
of assessments collected under this section as follows:
(a) Twenty-five percent
to the county sheriff or other investigating law enforcement agency that
collected the DNA sample as designated by the court to defray the costs of collecting
DNA samples.
(b) Sixty-five percent
to the state treasurer for deposit in the justice system fund created in
section 181 of the revised judicature act of 1961, 1961 PA 236, MCL 600.181.
(9) As used in this
section:
(a) "DNA
identification profile" and "DNA identification profiling" mean
those terms as defined in section 2 of the DNA identification profiling system
act, 1990 PA 250, MCL 28.172.
(b) "Investigating
law enforcement agency" means the law enforcement agency responsible for
the investigation of the offense for which the person is arrested or convicted.
Investigating law enforcement agency includes the county sheriff but does not
include a probation officer employed by the department of corrections.
(c) "Felony"
means a violation of a penal law of this state for which the offender may be
punished by imprisonment for more than 1 year or an offense expressly
designated by law to be a felony.
(d) "Sample"
means a portion of a person's blood, saliva, or tissue collected from the
person.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 4112 (request no. 01304'21) of the 101st Legislature is enacted into law.
