Bill Text: MI HB5234 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Crimes; other; human trafficking provisions; modify. Amends secs. 156, 462a, 462b, 462c, 462d, 462e, 462f, 462g & 462h of 1931 PA 328 (MCL 750.156 et seq.) & repeals secs. 462i & 462j of 1931 PA 328 (MCL 750.462i & 750.462j).
Spectrum: Bipartisan Bill
Status: (Passed) 2014-10-22 - Assigned Pa 329'14 With Immediate Effect [HB5234 Detail]
Download: Michigan-2013-HB5234-Engrossed.html
HB-5234, As Passed House, March 19, 2014
SUBSTITUTE FOR
HOUSE BILL NO. 5234
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending sections 156, 462a, 462b, 462c, 462d, 462e, 462f, 462g,
and 462h (MCL 750.156, 750.462a, 750.462b, 750.462c, 750.462d,
750.462e, 750.462f, 750.462g, and 750.462h), sections 462a, 462b,
462c, 462d, 462e, 462f, 462g, and 462h as added by 2006 PA 162; and
to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
156. (1) Exemptions—The provisions of this This chapter
shall
does not apply to agricultural products or live stock
livestock
while in the hands of the producer or
raiser , nor or
to
the services of laborers or artisans who are formed into societies
or organizations for the benefit and protection of their members.
(2) This chapter does not apply to conspiracy committed under
chapter LXVIIA.
Sec. 462a. As used in this chapter:
(a)
"Child sexually abusive activity" means that phrase as
defined
in section 145c."Bodily
injury" means any physical injury.
(b) "Coercion" includes, but is not limited to, any of the
following:
(i) Threatening to harm or physically restrain any individual
or the creation of any scheme, plan, or pattern intended to cause
an individual to believe that failure to perform an act would
result in psychological, reputational, or financial harm to, or
physical restraint of, any individual.
(ii) Abusing or threatening abuse of the legal system,
including threats of arrest or deportation without regard to
whether the individual being threatened is subject to arrest or
deportation under the laws of this state or the United States.
(iii) Knowingly destroying, concealing, removing, confiscating,
or possessing any actual or purported passport or other immigration
document or any other actual or purported government identification
document from any individual without regard to whether the
documents are fraudulent or fraudulently obtained.
(c) (b)
"Commercial sexual
activity" means 1 or more of the
following for which anything of value is given or received by any
person:
(i) An act of sexual penetration or sexual contact as those
terms
are defined in section 520a. for which anything of value is
given
or received by any person.
(ii) Any conduct prohibited under section 145c(2) or
(3).145c.
(iii) Any sexually explicit performance as that term is defined
in section 3 of 1978 PA 33, MCL 722.673.
(c)
"Extortion" means conduct prohibited under section 213,
including,
but not limited to, a threat to expose any secret
tending
to subject a person to hatred, contempt, or ridicule.
(d) "Debt bondage" includes, but is not limited to, the status
or condition of a debt arising from a pledge by the debtor of his
or her personal services or those of an individual under his or her
control as a security for a debt, if the value of those services as
reasonably assessed is not applied toward the liquidation of the
debt or the length and nature of those services are not
specifically limited and defined.
(e) (d)
"Financial harm" means
any of the following:
(i) Conduct prohibited under section 1 of 1968 PA 259, MCL
438.41.
(ii) Extortion.
(iii) Employment contracts that violate 1978 PA 390, MCL 408.471
to 408.490.
(iv) Any other adverse financial consequence.
(f) "Force" includes, but is not limited to, physical violence
or threat of physical violence or actual physical restraint or
confinement or threat of actual physical restraint or confinement
without regard to whether injury occurs.
(g) (e)
"Forced labor or
services" means labor or services
that
are obtained or maintained through 1 or more of the following:
(i) Causing or threatening to cause serious physical
harm to
another
person.
(ii) Physically restraining or threatening to
physically
restrain
another person.
(iii) Abusing or threatening to abuse the law or legal
process.
(iv) Knowingly destroying, concealing, removing,
confiscating,
or
possessing any actual or purported passport or other immigration
document,
or any other actual or purported government
identification
document, of another person.
(v) Blackmail.
(vi) Causing or threatening to cause financial harm to
any
person.by force, fraud, or coercion.
(h) "Fraud" includes, but is not limited to, a false or
deceptive offer of employment or marriage.
(i) (f)
"Labor" means work of
economic or financial value.
(g)
"Maintain" means, in relation to labor or services, to
secure
continued performance of labor or services, regardless of
any
initial agreement on the part of the victim to perform the
labor
or services.
(j) (h)
"Minor" means a person
an individual under 18 years of
age.
(i)
"Obtain" means to secure performance of labor or services.
(k) "Serious bodily injury" means any physical injury
requiring medical treatment, regardless of whether the victim seeks
medical treatment.
(l) (j)
"Services" means an
ongoing relationship between a
person
and another person an
individual in which the other person
individual performs activities under the supervision of or for the
benefit of the person, including, but not limited to, commercial
sexual activity and sexually explicit performances.
Sec.
462b. (1) A person shall not knowingly subject or attempt
to
subject another person to forced labor or services by causing or
threatening
to cause physical harm to another person. Except as
provided
in subsections (2) and (3), a person who violates this
section
is guilty of a felony punishable by imprisonment for not
more
than 10 years.
(2)
If in the violation of subsection (1) the person causes
another
person injury, the person is guilty of a felony punishable
by
imprisonment for not more than 15 years.
(3)
If in the violation of subsection (1) the person causes
the
death of another person, the person shall be imprisoned for
life
or any term of years.A person
shall not knowingly recruit,
entice, harbor, transport, provide, or obtain an individual for
forced labor or services.
Sec.
462c. (1) A person shall not knowingly subject or attempt
to
subject another person to forced labor or services by physically
restraining
or threatening to physically restrain another person.
Except
as provided in subsections (2) and (3), a person who
violates
subsection (1) is guilty of a felony punishable by
imprisonment
for not more than 10 years.
(2)
If in the violation of subsection (1) the person causes
another
person injury, the person is guilty of a felony punishable
by
imprisonment for not more than 15 years.
(3)
If in the violation of subsection (1) the person causes
the
death of another person, the person shall be imprisoned for
life
or any term of years.A person
shall not knowingly recruit,
entice, harbor, transport, provide, or obtain an individual for the
purpose of holding the individual in debt bondage.
Sec.
462d. (1) A person shall not knowingly subject or attempt
to
subject another person to forced labor or services by abusing or
threatening
to abuse the law or legal process. Except as provided
in
subsections (2) and (3), a person who violates this section is
guilty
of a felony punishable by imprisonment for not more than 10
years.
(2)
If in the violation of subsection (1) the person causes
another
person injury, the person is guilty of a felony punishable
by
imprisonment for not more than 15 years.
(3)
If in the violation of subsection (1) the person causes
the
death of another person, the person shall be imprisoned for
life
or any term of years.A person
shall not do either of the
following:
(a) Knowingly recruit, entice, harbor, transport, provide, or
obtain an individual by any means, knowing that individual will be
subjected to forced labor or services or debt bondage.
(b) Knowingly benefit financially or receive anything of value
from participation in an enterprise, as that term is defined in
section 159f, if the enterprise has engaged in an act proscribed
under this chapter.
Sec.
462e. (1) A person shall not knowingly subject or attempt
to
subject another person to forced labor or services by knowingly
destroying,
concealing, removing, confiscating, or possessing an
actual
or purported passport or other immigration document, or any
other
actual or purported government identification document, of
another
person. Except as provided in subsections (2) and (3), a
person
who violates this section is guilty of a felony punishable
by
imprisonment for not more than 10 years.
(2)
If in the violation of subsection (1) the person causes
another
person injury, the person is guilty of a felony punishable
by
imprisonment for not more than 15 years.
(3)
If in the violation of subsection (1) the person causes
the
death of another person, the person shall be imprisoned for
life
or any term of years.A person
shall not do any of the
following, regardless of whether the person knows the age of the
minor:
(a) Recruit, entice, harbor, transport, provide, or obtain by
any means a minor for commercial sexual activity.
(b) Recruit, entice, harbor, transport, provide, or obtain by
any means a minor for forced labor or services.
Sec.
462f. (1) A person shall not knowingly subject or attempt
to
subject another person to forced labor or services by using
blackmail,
using or threatening to cause financial harm to, or
exerting
or threatening to exert financial control over another
person.
Except as provided in subsections (2) and (3), a person who
violates
this section is guilty of a felony punishable by
imprisonment
for not more than 10 years.
(2)
If in the violation of subsection (1) the person causes
another
person injury, the person is guilty of a felony punishable
by
imprisonment for not more than 15 years.
(3)
If in the violation of subsection (1) the person causes
the
death of another person, the person shall be imprisoned for
life
or any term of years.
(1) Except as otherwise provided in this section, a person who
violates section 462b, 462c, or 462d is guilty of a crime as
follows:
(a) Except as provided in subdivisions (b), (c), and (d), the
person is guilty of a felony punishable by imprisonment for not
more than 10 years or a fine of not more than $10,000.00, or both.
(b) If the violation results in bodily injury to an
individual, the person is guilty of a felony punishable by
imprisonment for not more than 15 years or a fine of not more than
$15,000.00, or both.
(c) If the violation results in serious bodily injury to an
individual, the person is guilty of a felony punishable by
imprisonment for not more than 20 years or a fine of not more than
$20,000.00, or both.
(d) If the violation involves kidnapping or attempted
kidnapping, criminal sexual conduct in the first degree or
attempted criminal sexual conduct in the first degree, or an
attempt to kill or the death of an individual, the person is guilty
of a felony punishable by imprisonment for life or any term of
years or a fine of not more than $50,000.00, or both.
(2) Except as otherwise provided in this section, a person who
violates section 462e is guilty of a felony punishable by
imprisonment for not more than 20 years or a fine of not more than
$20,000.00, or both.
(3) A person who attempts, conspires, or solicits another to
violate this chapter is subject to the same penalty as a person who
commits a violation of this chapter.
(4) This section does not prohibit a person from being charged
with, convicted of, or punished for any other violation of law
arising out of the same transaction as the violation of this
section.
(5) The court may order a term of imprisonment imposed for
violating this section to be served consecutively to a term of
imprisonment imposed for the commission of any other crime,
including any other violation of law arising out of the same
transaction as the violation of this section.
(6) In addition to any mandatory restitution applicable under
section 16 of the William Van Regenmorter crime victim's rights
act, 1985 PA 87, MCL 780.766, the court may order a person
convicted of violating this section to pay restitution to the
victim in the manner provided in section 16b of the William Van
Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.766b,
and to reimburse any governmental entity for its expenses incurred
in relation to the violation in the same manner that expenses may
be ordered to be reimbursed under section 1f of chapter IX of the
code of criminal procedure, 1927 PA 175, MCL 769.1f.
Sec.
462g. A person shall not knowingly recruit, entice,
harbor,
transport, provide, or obtain by any means, or attempt to
recruit,
entice, harbor, provide, or obtain by any means, a minor
knowing
that the minor will be used for child sexually abusive
activity.
A person who violates this section is guilty of a felony
punishable
by imprisonment for not more than 20 years.The testimony
of a victim is not required in a prosecution under this chapter.
However, if a victim testifies, that testimony need not be
corroborated.
Sec.
462h. (1) A person shall not knowingly do 1 or both of
the
following:
(a)
Recruit, entice, harbor, transport, provide, or obtain by
any
means, or attempt to recruit, entice, harbor, transport,
provide,
or obtain by any means, another person, intending or
knowing
that the person will be subjected to forced labor or
services.
(b)
Benefit financially or receive anything of value from
participation
in a venture that has engaged in an act described in
this
chapter.
(2)
Except as provided in subsections (3) and (4), a person
who
violates subsection (1) is guilty of a felony punishable by
imprisonment
for not more than 10 years.
(3)
If in the violation of subsection (1) the person causes
another
person injury, the person is guilty of a felony punishable
by
imprisonment for not more than 15 years.
(4)
If in the violation of subsection (1) the person causes
the
death of another person, the person shall be imprisoned for
life
or any term of years.In a
prosecution under this chapter, the
victim's resistance or lack of resistance to the actor is not
relevant.
Enacting section 1. Sections 462i and 462j of the Michigan
penal code, 1931 PA 328, MCL 750.462i and 750.462j, are repealed.
Enacting section 2. This amendatory act takes effect 90 days
after the date it is enacted into law.
