Bill Text: MI HB6174 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Crimes; prostitution; reference to prostitute and prostitution; modify in public health code. Amends sec. 5129 of 1978 PA 368 (MCL 333.5129). TIE BAR WITH: HB 6169'18
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-08-15 - Bill Electronically Reproduced 06/12/2018 [HB6174 Detail]
Download: Michigan-2017-HB6174-Introduced.html
HOUSE BILL No. 6174
June 12, 2018, Introduced by Reps. Geiss, Sabo, Cochran, Chang, Lasinski, Brinks, Guerra, Greig, Love, Green, Pagan, Yancey, Gay-Dagnogo, Wittenberg, Rabhi and Jones and referred to the Committee on Law and Justice.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 5129 (MCL 333.5129), as amended by 2016 PA 70.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 5129. (1) An individual arrested and charged with
violating section 448, 449, 449a, 450, 452, or 455 of the Michigan
penal code, 1931 PA 328, MCL 750.448, 750.449, 750.449a, 750.450,
750.452,
and 750.455, or a local ordinance prohibiting prostitution
commercial sex acts or engaging or offering to engage the services
of
a prostitute person to
engage in a commercial sex act may,
upon
order of the court, be examined or tested to determine whether the
individual has sexually transmitted infection, hepatitis B
infection, hepatitis C infection, HIV infection, or acquired
immunodeficiency syndrome. Examination or test results that
indicate the presence of sexually transmitted infection, hepatitis
B infection, hepatitis C infection, HIV infection, or acquired
immunodeficiency syndrome must be reported to the defendant and,
pursuant to sections 5114 and 5114a, to the department and the
appropriate local health department for partner notification.
(2) Except as otherwise provided in this section, if an
individual is arrested and charged with violating section 145a,
338, 338a, 338b, 448, 449, 449a, 450, 452, 455, 520b, 520c, 520d,
520e, or 520g of the Michigan penal code, 1931 PA 328, MCL
750.145a, 750.338, 750.338a, 750.338b, 750.448, 750.449, 750.449a,
750.450, 750.452, 750.455, 750.520b, 750.520c, 750.520d, 750.520e,
and 750.520g, or section 7404 by intravenously using a controlled
substance,
or a local ordinance prohibiting prostitution,
commercial sex acts, solicitation, gross indecency, or the
intravenous use of a controlled substance, the judge or magistrate
responsible for setting the individual's conditions of release
pending trial shall distribute to the individual the information on
sexually transmitted infection and HIV infection required to be
distributed by county clerks under section 5119(1) and shall
recommend that the individual obtain additional information and
counseling at a local health department testing and counseling
center regarding sexually transmitted infection, hepatitis B
infection, hepatitis C infection, HIV infection, and acquired
immunodeficiency syndrome. Counseling under this subsection is
voluntary on the part of the individual.
(3) If a defendant is bound over to circuit court for
violating section 145a, 338, 338a, 338b, 450, 452, 455, 520b, 520c,
520d, 520e, or 520g of the Michigan penal code, 1931 PA 328, MCL
750.145a, 750.338, 750.338a, 750.338b, 750.450, 750.452, 750.455,
750.520b, 750.520c, 750.520d, 750.520e, and 750.520g, and the
district court determines there is reason to believe the violation
involved sexual penetration or exposure to a body fluid of the
defendant, the district court shall order the defendant to be
examined or tested for sexually transmitted infection, hepatitis B
infection, and hepatitis C infection and for the presence of HIV or
an antibody to HIV. The circuit court shall order the examination
or testing if the defendant is brought before it by way of
indictment for any of the violations described in this subsection.
If a defendant is bound over to or brought before the circuit court
for violating section 520b, 520c, 520d, 520e, or 520g of the
Michigan penal code, 1931 PA 328, MCL 750.520b, 750.520c, 750.520d,
750.520e, and 750.520g, the court shall, upon the victim's request,
order the examination or testing to be done not later than 48 hours
after the date that the information or indictment is presented and
the defendant is in custody or has been served with the information
or indictment. The court shall include in its order for expedited
examination or testing at the victim's request under this
subsection a provision that requires follow-up examination or
testing that is considered medically appropriate based on the
results of the initial examination or testing. Except as provided
in subsection (5), (6), or (7), or as otherwise provided by law,
the examinations and tests must be confidentially administered by a
licensed physician, the department, or a local health department.
The court also shall order the defendant to receive counseling
regarding sexually transmitted infection, hepatitis B infection,
hepatitis C infection, HIV infection, and acquired immunodeficiency
syndrome, including, at a minimum, information regarding treatment,
transmission, and protective measures.
(4) Except as otherwise provided in this section, upon
conviction of a defendant or the issuance by the probate court of
an order adjudicating a child to be within the provisions of
section 2(a)(1) of chapter XIIA of the probate code of 1939, 1939
PA 288, MCL 712A.2, for violating section 145a, 338, 338a, 338b,
448, 449, 449a, 450, 452, 455, 520b, 520c, 520d, 520e, or 520g of
the Michigan penal code, 1931 PA 328, MCL 750.145a, 750.338,
750.338a, 750.338b, 750.448, 750.449, 750.449a, 750.450, 750.452,
750.455, 750.520b, 750.520c, 750.520d, 750.520e, and 750.520g, or
section 7404 by intravenously using a controlled substance, or a
local
ordinance prohibiting prostitution, commercial sex acts,
solicitation, gross indecency, or the intravenous use of a
controlled substance, the court that has jurisdiction of the
criminal prosecution or juvenile hearing shall order the defendant
or child to be examined or tested for sexually transmitted
infection, hepatitis B infection, and hepatitis C infection and for
the presence of HIV or an antibody to HIV. Except as provided in
subsection (5), (6), or (7), or as otherwise provided by law, the
examinations and tests must be confidentially administered by a
licensed physician, the department, or a local health department.
The court also shall order the defendant or child to receive
counseling regarding sexually transmitted infection, hepatitis B
infection, hepatitis C infection, HIV infection, and acquired
immunodeficiency syndrome, including, at a minimum, information
regarding treatment, transmission, and protective measures.
(5) If the victim or individual with whom the defendant or
child found to be within the provisions of section 2(a)(1) of
chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.2,
engaged in sexual penetration or sexual contact or who was exposed
to a body fluid during the course of the crime consents, the court
or probate court shall provide the person or agency conducting the
examinations or administering the tests under subsection (3) or (4)
with the name, address, and telephone number of the victim or
individual with whom the defendant or child engaged in sexual
penetration or sexual contact or who was exposed to a body fluid of
the defendant during the course of the crime. If the victim or
individual with whom the defendant or child engaged in sexual
penetration during the course of the crime is a minor or otherwise
incapacitated, the victim's or individual's parent, guardian, or
person in loco parentis may give consent for purposes of this
subsection. After the defendant or child is examined or tested as
to the presence of sexually transmitted infection, hepatitis B
infection, hepatitis C infection, or HIV or an antibody to HIV, or
if the defendant or child receives appropriate follow-up testing
for the presence of HIV, the person or agency conducting the
examinations or administering the tests shall immediately provide
the examination or test results to the victim or individual with
whom the defendant or child found to be within the provisions of
section 2(a)(1) of chapter XIIA of the probate code of 1939, 1939
PA 288, MCL 712A.2, engaged in sexual penetration or sexual contact
or who was exposed to a body fluid during the course of the crime
and shall refer the victim or other individual for appropriate
counseling.
(6) The examination or test results and any other medical
information obtained from the defendant or child found to be within
the provisions of section 2(a)(1) of chapter XIIA of the probate
code of 1939, 1939 PA 288, MCL 712A.2, by the person or agency
conducting the examinations or administering the tests under
subsection (3) or (4) must be transmitted to the court or probate
court and, after the defendant or child is sentenced or an order of
disposition is entered, made part of the court record. The
examination or test results and any other medical information
described in this subsection are confidential and may be disclosed
only to 1 or more of the following:
(a) The defendant or child.
(b) The local health department.
(c) The department.
(d) The victim or other individual required to be informed of
the results under this subsection or subsection (5) or, if the
victim or other individual is a minor or otherwise incapacitated,
to the victim's or other individual's parent, guardian, or person
in loco parentis.
(e) Upon written authorization of the defendant or child found
to be within the provisions of section 2(a)(1) of chapter XIIA of
the probate code of 1939, 1939 PA 288, MCL 712A.2, or the child's
parent, guardian, or person in loco parentis.
(f) As otherwise provided by law.
(7) If the defendant is placed in the custody of the
department of corrections, the court shall transmit a copy of the
defendant's examination and test results and other medical
information to the department of corrections. If the child found to
be within the provisions of section 2(a)(1) of chapter XIIA of the
probate code of 1939, 1939 PA 288, MCL 712A.2, is placed by the
probate court in the custody of an individual related to the child
or a public or private agency, institution, or facility, the
probate court shall transmit a copy of the child's examination or
test results to the individual related to the child or the director
of the agency, institution, or facility. A person or agency that
discloses information in compliance with this subsection or
subsection (6) is not civilly or criminally liable for making the
disclosure. A person or agency that receives test results or other
medical information pertaining to HIV infection or acquired
immunodeficiency syndrome under this subsection or subsection (6)
is subject to section 5131 and shall not disclose the test results
or other medical information except as specifically permitted under
that section.
(8) If an individual receives counseling or is examined or
tested under this section and is found to be infected with sexually
transmitted infection, hepatitis B, or hepatitis C or to be HIV
infected, the individual must be referred by the agency providing
the counseling or testing for appropriate medical care. The
department, the local health department, or any other agency
providing counseling or testing under this section is not
financially responsible for medical care received by an individual
as a result of a referral made under this subsection.
(9) The requirements for the distribution of information
concerning sexually transmitted infection, counseling concerning
sexually transmitted infection, and examining or testing for
sexually transmitted infection under subsections (2), (3), and (4)
do not apply to an individual charged with or convicted of
violating section 7404 by intravenously using a controlled
substance or violating a local ordinance prohibiting the
intravenous use of a controlled substance.
(10) The court may, upon conviction or the issuance by the
probate court of an order adjudicating a child to be within the
provisions of section 2(a)(1) of chapter XIIA of the probate code
of 1939, 1939 PA 288, MCL 712A.2, order an individual who is
examined or tested under this section to pay the actual and
reasonable costs of that examination or test incurred by the
licensed physician or local health department that administered the
examination or test.
(11) An individual who is ordered to pay the costs of an
examination or test under subsection (10) shall pay those costs
within 30 days after the order is issued or as otherwise provided
by the court. The amount ordered to be paid under subsection (10)
must be paid to the clerk of the court, who shall transmit the
appropriate amount to the physician or local health department
named in the order. If an individual is ordered to pay a
combination of fines, costs, restitution, assessments, probation or
parole supervision fees, or other payments upon conviction in
addition to the costs ordered under subsection (10), the payments
must be allocated as provided under the probate code of 1939, 1939
PA 288, MCL 710.21 to 712B.41, the code of criminal procedure, 1927
PA 175, MCL 760.1 to 777.69, and the William Van Regenmorter crime
victim's rights act, 1985 PA 87, MCL 780.751 to 780.834. An
individual who fails to pay the costs within the 30-day period or
as otherwise ordered by the court is guilty of a misdemeanor
punishable by imprisonment for not more than 90 days or a fine of
not more than $100.00, or both.
(12) As used in this section:
(a) "Sexual contact" means that term as defined in section
520a of the Michigan penal code, 1931 PA 328, MCL 750.520a.
(b) "Sexual penetration" means that term as defined in section
520a of the Michigan penal code, 1931 PA 328, MCL 750.520a.
(c) "Victim" includes, but is not limited to, a victim as that
term is defined in section 520a of the Michigan penal code, 1931 PA
328, MCL 750.520a.
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. 6169 (request no.
02879'17) of the 99th Legislature is enacted into law.
