Criminal procedure: defenses; affirmative defense that individual committed a crime because the individual was a victim of human trafficking; establish. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 21e to ch. VIII.
Impact
The enactment of HB 5010 is expected to significantly influence criminal proceedings related to human trafficking. By creating an affirmative defense for victims, the bill acknowledges the complexities surrounding crimes committed by individuals who have been exploited. Victims would be afforded an opportunity to present their circumstances in a legal context, potentially leading to different outcomes for such cases. This aligns with broader efforts to enhance protections for vulnerable populations within the justice system and ensure that their victimization is considered in legal defense strategies.
Summary
House Bill 5010 is a proposed amendment to Michigan's Code of Criminal Procedure that establishes an affirmative defense for individuals accused of committing felonies or misdemeanors as a direct result of being victims of human trafficking. The bill aims to recognize the impact of human trafficking on victims who may perpetrate crimes under duress or manipulation, thereby providing a legal framework for their defense in court. Under this bill, the defendant must prove that their actions were influenced by their status as a victim of human trafficking.
Contention
However, the bill may face contention, particularly regarding the burden of proof placed on the defendant. Critics might argue that requiring victims to demonstrate their victimization can be challenging, given the emotional and psychological ramifications associated with human trafficking experiences. There may also be diverse opinions on how effectively the legal system can distinguish between genuine cases of victimization and those that exploit the affirmative defense as a loophole to avoid accountability. As discussions unfold, stakeholders from law enforcement, legal advocacy, and human rights realms may engage in debates over the bill's implications and the safeguards necessary to prevent misuse.
Criminal procedure: defenses; affirmative defense that individual committed a crime because the individual was a victim of human trafficking; establish. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 21d to ch. VIII.
Criminal procedure: expunction; criminal convictions that may be set aside on grounds of being a victim of human trafficking; expand. Amends sec. 1 of 1965 PA 213 (MCL 780.621).
Criminal procedure: evidence; admissibility of evidence of other acts in certain human trafficking and prostitution prosecutions; provide for. Amends sec. 27b, ch. VIII of 1927 PA 175 (MCL 768.27b).
Criminal procedure: defenses; sexual orientation or gender identity of a victim as a defense to a crime; prohibit. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 21d to ch. VIII.
Criminal procedure: evidence; admissibility of certain hearsay testimony in certain human trafficking and prostitution prosecutions; provide for. Amends sec. 27c, ch. VIII of 1927 PA 175 (MCL 768.27c).
Crimes: penalties; increased penalties for crimes committed by an individual who returns to the country illegally after deportation; provide for. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding secs. 12a, 12b & 12c to ch. IX.
Criminal procedure: expunction; reference to crime of partial birth abortion; remove to reflect repeal. Amends sec. 1 of 1965 PA 213 (MCL 780.621). TIE BAR WITH: HB 4949'23
Criminal procedure: expunction; procedures and eligibility for the expungement of certain records; provide for. Amends secs. 1b, 1c, 1d, 2 & 3 of 1965 PA 213 (MCL 780.621b et seq.); adds sec. 1j & repeals sec. 4 of 1965 PA 213 (MCL 780.624).
Criminal procedure: expunction; procedures and eligibility for the expungement of certain records; provide for. Amends secs. 1b, 1c, 1d, 2 & 3 of 1965 PA 213 (MCL 780.621b et seq.); adds sec. 1j & repeals sec. 4 of 1965 PA 213 (MCL 780.624).
Criminal procedure: other; procedures regarding certain arrests and prosecutions; provide for. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 26b to ch. IV & secs. 1a & 1b to ch. XVI.