PROSTITUTION; GENDER NEUTRALITY                                  H.B. 5231 (H-1) & 5232 (H-1):

                                                                                                    SUMMARY OF BILL

                                                                                      REPORTED FROM COMMITTEE

House Bill 5231 (Substitute H-1 as reported without amendment)

House Bill 5232 (Substitute H-1 as reported without amendment)                                      

Sponsor:  Representative Joseph Graves

               Representative Nancy E. Jenkins

House Committee:  Criminal Justice

Senate Committee:  Families, Seniors and Human Services

CONTENT

House Bill 5231 (H-1) would amend Chapter 67 (Prostitution) of the Michigan Penal Code to increase from $2,500 to $5,000 the maximum fine for keeping, maintaining, or operating a place for prostitution or lewdness.

Sections 455 through 460 of the Code pertain to prostitution-related offenses. Section 460 provides that it is not a defense to a prosecution for any of the acts prohibited in Sections 455 through 459 that any part of the act was committed outside the State. The bill would extend this provision to all of the offenses listed in Chapter 67.

The bill also would eliminate gender-specific language in Sections 455 through 460.

House Bill 5232 (H-1) would amend the Code of Criminal Procedure to refer to a "person", rather than a "female", in the sentencing guidelines for detaining a female for debt and transporting a female for prostitution.

In addition, the bill would classify pandering and accepting the earnings of a prostitute as Class B, rather than Class G, felonies.

MCL 750.452 et al. (H.B. 5231)                                           Legislative Analyst:  Jeff Mann

       777.16W (H.B. 5232)

FISCAL IMPACT

House Bill 5231 (H-1): By removing gender-specific references in the context of prostitution, the bill could bring about more felony convictions as there would no longer be a distinction between male and female individuals in regard to prostitution under the law. The cost to State government is approximately $35,000 per prisoner per year. The cost to local government would be in any additional resources required by the court and jail systems.

In addition, doubling that maximum fine for operating a house of prostitution could increase revenue for public libraries.

House Bill 5232 (H-1): By raising the sentencing classification for two prostitution-related offenses, the bill could result in a longer minimum sentence for some offenders. The revised classification would have no direct fiscal impact on local government.

Date Completed:  5-8-14                                                     Fiscal Analyst:  John Maxwell

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.