April 12, 2016, Introduced by Rep. Jenkins and referred to the Committee on Criminal Justice.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending sections 451 and 462f (MCL 750.451 and 750.462f),
section 451 as amended by 2014 PA 336 and section 462f as amended
by 2014 PA 329.
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 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 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
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 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.
Sec. 462f. (1) Except as otherwise provided in this section, a
person who violates section 462b, 462c, or 462d is guilty of a
crime as follows:
(a) Except as provided in subdivisions (b), (c), and (d), the
person is guilty of a felony punishable by imprisonment for not
more than 10 years or a fine of not more than $10,000.00, or both.
(b) If the violation results in bodily injury to an individual
or results in an individual being engaged in commercial sexual
activity, the person is guilty of a felony punishable by
imprisonment for not more than 15 years or a fine of not more than
$15,000.00, or both.
(c) If the violation results in serious bodily injury to an
individual, the person is guilty of a felony punishable by
imprisonment for not more than 20 years or a fine of not more than
$20,000.00, or both.
(d) If the violation involves kidnapping or attempted
kidnapping, criminal sexual conduct in the first degree or
attempted criminal sexual conduct in the first degree, or an
attempt to kill or the death of an individual, the person is guilty
of a felony punishable by imprisonment for life or any term of
years or a fine of not more than $50,000.00, or both.
(2) Except as otherwise provided in this section, a person who
violates section 462e is guilty of a felony punishable by
imprisonment for not more than 20 years or a fine of not more than
$20,000.00, or both.
(3) A person who attempts, conspires, or solicits another to
violate this chapter is subject to the same penalty as a person who
commits a violation of this chapter.
(4) This section does not prohibit a person from being charged
with, convicted of, or punished for any other violation of law
arising out of the same transaction as the violation of this
section.
(5) The court may order a term of imprisonment imposed for
violating this section to be served consecutively to a term of
imprisonment imposed for the commission of any other crime,
including any other violation of law arising out of the same
transaction as the violation of this section.
(6) In addition to any mandatory restitution applicable under
section 16 of the William Van Regenmorter crime victim's rights
act, 1985 PA 87, MCL 780.766, the court may order a person
convicted of violating this section to pay restitution to the
victim in the manner provided in section 16b of the William Van
Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.766b,
and to reimburse any governmental entity for its expenses incurred
in relation to the violation in the same manner that expenses may
be ordered to be reimbursed under section 1f of chapter IX of the
code of criminal procedure, 1927 PA 175, MCL 769.1f.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.