Bill Text: MI HB5235 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Criminal procedure; sentencing guidelines; sentencing guidelines for human trafficking crimes; amend to reflect changes in human trafficking laws. Amends sec. 16w, ch. XVII of 1927 PA 175 (MCL 777.16w). TIE BAR WITH: HB 5234'14
Spectrum: Slight Partisan Bill (Democrat 18-11)
Status: (Introduced - Dead) 2014-10-22 - Referred To Committee On Families, Seniors And Human Services [HB5235 Detail]
Download: Michigan-2013-HB5235-Engrossed.html
HB-5235, As Passed House, March 19, 2014
SUBSTITUTE FOR
HOUSE BILL NO. 5235
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 16w of chapter XVII (MCL 777.16w), as amended
by 2010 PA 361.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 CHAPTER XVII
2 Sec. 16w. (1) This chapter applies to the following felonies
3 enumerated in chapter 750 of the Michigan Compiled Laws:
4 M.C.L. Category Class Description Stat Max
5 750.451 Pub ord G Prostitution — various offenses — third or subsequent offense 2
6 750.452 Pub ord E Keeping a house of prostitution 5
1 750.455 Pub ord G Pandering 20
2 750.456 Person B Placing spouse into prostitution 20
3 750.457 Pub ord G Accepting earnings of a prostitute 20
4 750.458 Person B Prostitution — detaining female for debt 20
5 750.459 Person B Transporting a female for prostitution 20
6 750.462b(1) Person D Human trafficking — forced labor
through physical harm 10
7 750.462b(2) Person C Human trafficking — forced labor
through physical harm causing injury 15
8 750.462b(3) Person A Human trafficking — forced labor
through physical harm causing death Life
9 750.462c(1) Person D Human trafficking — forced labor
through physical restraint 10
10 750.462c(2) Person C Human trafficking — forced labor
through physical restraint causing injury 15
11 750.462c(3) Person A Human trafficking — forced labor
through physical restraint causing death Life
12 750.462d(1) Person D Human trafficking — forced labor
through abuse of legal process 10
1 750.462d(2) Person C Human trafficking — forced labor
through abuse of legal process causing injury 15
2 750.462d(3) Person A Human trafficking — forced labor
through abuse of legal process causing death Life
3 750.462e(1) Person D Human trafficking — forced labor
through destruction of ID document 10
4 750.462e(2) Person C Human trafficking — forced labor
through destruction of ID document causing injury 15
5 750.462e(3) Person A Human trafficking — forced labor
through destruction of ID document causing death Life
6 750.462f(1) Person D Human trafficking — forced labor
through blackmail 10
7 750.462f(2) Person C Human trafficking — forced labor
through blackmail causing injury 15
8 750.462f(3) Person A Human trafficking — forced labor
through blackmail causing death Life
9 750.462g(1) Person B Human trafficking — obtain minor
for child sexual abusive activity 20
1 750.462h(2) Person D Human trafficking — recruit minor
for forced labor 10
2 750.462h(3) Person C Human trafficking — recruit minor
for forced labor causing injury 15
3 750.462h(4) Person A Human trafficking — recruit minor
for forced labor causing death Life
4 750.462i Person A Human trafficking — compound
felony Life
5 750.462j(1)(a) Person D Providing or obtaining labor or
services of another person by force, fraud, or coercion 10
6 750.462j(1)(b) Person B Providing or obtaining labor or
services of minor by force, fraud, or coercion 20
7 750.462j(1)(c) Person A Providing or obtaining labor or
services of another person by force, fraud, or coercion causing death Life
8 750.462j(2)(a) Person D Recruiting or transporting person
for labor or services 10
9 750.462j(2)(b) Person B Recruiting or transporting minor
for labor or services 20
10 750.462j(2)(c) Person A Recruiting or transporting person
for labor or services causing death Life
1 750.462f(1)(a) Person D Human trafficking violation 10
2 750.462f(1)(b) Person C Human trafficking violation resulting in bodily injury 15
3 750.462f(1)(c) Person B Human trafficking violation resulting in serious bodily injury 20
4 750.462f(1)(d) Person A Human trafficking violation involving death or the commission of certain felonies Life
5 750.462f(2) Person B Obtaining a minor for commercial sexual activity or for forced labor or services 20
6 750.462f(3) Person Variable Attempting, conspiring, or soliciting another to violate human trafficking laws Variable
7 750.465a(1)(b) Property G Operating audiovisual recording device in a theatrical facility — second offense 2
8 750.465a(1)(c) Property F Operating audiovisual recording device in a theatrical facility — third or subsequent offense 4
9 (2) For a violation of section 462f(3) of the Michigan penal
10 code, 1931 PA 328, MCL 750.462f, determine the offense category,
1 offense variable level, and prior record variable level based on
2 the underlying offense.
3 Enacting section 1. This amendatory act takes effect 90 days
4 after it is enacted into law.
5 Enacting section 2. This amendatory act does not take effect
6 unless House Bill No. 5234 of the 97th Legislature is enacted
7 into law.
