Bill Text: MI HB5839 | 2015-2016 | 98th Legislature | Enrolled
Bill Title: Criminal procedure; sentencing guidelines; sentencing guidelines for crime of selling or offering to sell travel services for purpose of engaging in what would be prostitution or human trafficking if it occurred in this state; enact. Amends sec. 16w, ch. XVII of 1927 PA 175 (MCL 777.16w).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2016-12-31 - Assigned Pa 486'16 [HB5839 Detail]
Download: Michigan-2015-HB5839-Enrolled.html
Introduced by Rep. Sheppard
STATE OF MICHIGAN 98TH LEGISLATURE
REGULAR SESSION OF 2016
ENROLLED HOUSE BILL No. 5839
AN ACT to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 16w of chapter XVII (MCL 777.16w), as amended by 2014 PA 327.
The People of the State of Michigan enact:
CHAPTER XVII
Sec. 16w. (1) This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:
M.C.L. | Category | Class | Description | Stat Max |
750.451(3) | Pub ord | G | Prostitution — various offenses — third or subsequent offense | 2 |
750.451(4) | Person | E | Soliciting a person under 18 years of age to commit prostitution | 5 |
750.452 | Pub ord | E | Keeping a house of prostitution | 5 |
750.455 | Pub ord | B | Pandering | 20 |
750.456 | Person | B | Placing spouse into prostitution | 20 |
750.457 | Pub ord | B | Accepting earnings of a prostitute | 20 |
750.458 | Person | B | Prostitution — detaining person for debt | 20 |
750.459(1) | Person | B | Transporting a person for prostitution | 20 |
750.459(2) | Person | E | Selling travel services to facilitate prostitution or human trafficking in other jurisdictions | 5 |
750.459(3) | Person | D | Selling travel services to facilitate prostitution or human trafficking in other jurisdictions involving a minor | 10 |
750.462f(1)(a) | Person | D | Human trafficking violation | 10 |
750.462f(1)(b) | Person | C | Human trafficking violation resulting in bodily injury | 15 |
750.462f(1)(c) | Person | B | Human trafficking violation resulting in serious bodily injury | 20 |
750.462f(1)(d) | Person | A | Human trafficking violation involving death or the commission of certain felonies | Life |
750.462f(2) | Person | B | Obtaining a minor for commercial sexual activity or for forced labor or services | 20 |
750.462f(3) | Person | Variable | Attempting, conspiring, or soliciting another to violate human trafficking laws | Variable |
750.465a(1)(b) | Property | G | Operating audiovisual recording device in a theatrical facility — second offense | 2 |
750.465a(1)(c) | Property | F | Operating audiovisual recording device in a theatrical facility — third or subsequent offense | 4 |
(2) For a violation of section 462f(3) of the Michigan penal code, 1931 PA 328, MCL 750.462f, determine the offense category, offense variable level, and prior record variable level based on the underlying offense.
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 House Bill No. 5838 of the 98th Legislature is enacted into law.
Clerk of the House of Representatives
Secretary of the Senate
Approved Governor
