Bill Text: MI HB5637 | 2019-2020 | 100th 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: Moderate Partisan Bill (Republican 16-3)
Status: (Introduced - Dead) 2020-03-17 - Bill Electronically Reproduced 03/17/2020 [HB5637 Detail]
Download: Michigan-2019-HB5637-Introduced.html
HOUSE BILL NO. 5637
March 12, 2020, Introduced by Reps. Rendon,
Kahle, Wendzel, Calley, Bollin, Glenn, Afendoulis, Whiteford, Bellino,
Filler, Leutheuser, Allor, Farrington, Whitsett, Hammoud, Yaroch, Crawford,
Alexander and Cambensy 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 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.