Michigan 2023-2024 Regular Session

Michigan House Bill HB5841

Introduced
6/25/24  
Refer
6/25/24  
Report Pass
11/13/24  
Engrossed
12/11/24  

Caption

Crimes: prostitution; references to prostitute and prostitution; modify in the Michigan penal code. Amends heading of ch. LXVII & secs. 13, 159g, 167, 411j, 448, 449, 450, 451, 451a, 451c, 452, 454, 455, 456, 457, 458, 459, 460, 462 & 520m of 1931 PA 328 (MCL 750.13 et seq.) & repeals sec. 449a of 1931 PA 328 (MCL 750.449a). TIE BAR WITH: HB 5842'24, HB 5843'24, HB 5844'24, HB 5845'24, HB 5846'24, HB 5847'24, HB 5848'24, HB 5849'24, HB 5850'24, HB 5851'24, HB 5852'24, HB 5853'24, HB 5854'24, HB 5864'24

Impact

If enacted, HB5841 would have significant implications for existing state laws regarding minor protection and commercial sexual activity. It specifically aims to increase legal defenses against child exploitation and human trafficking through stricter definitions and penalties. The amendments intend to bring state legislation more in line with contemporary understandings of human trafficking and the complexities of consent, especially concerning minors. The revisions in the statute reflect a systematic approach towards preventing and prosecuting these crimes while ensuring that involved minors are protected under the law.

Summary

House Bill 5841 aims to amend various sections of the Michigan Penal Code, specifically focusing on laws related to prostitution and human trafficking. The bill modifies existing regulations with the intention of strengthening the legal framework regarding minor protection and commercial sexual activities. Notably, it proposes to enhance penalties for those who engage in or promote such activities, particularly when minors are involved. This bill links its amendments to broader legislative changes clearly aimed at addressing modern concerns around human trafficking and the exploitation of vulnerable populations.

Sentiment

The general sentiment surrounding HB5841 appears to be supportive among advocates for child protection and anti-trafficking organizations. Many see this legislative effort as a necessary step towards enhancing the legal safeguards for minors against exploitation. However, there are concerns from some legal experts about the potential for overly severe penalties that could complicate the prosecution of related offenses. These tensions suggest a broader conversation between the need for robust legal protections and the complexities surrounding criminal justice reform.

Contention

Discussions around HB5841 have revealed notable points of contention, particularly regarding the balance between addressing serious crimes and ensuring fair legal processes. Critics are wary that the increased penalties may create unintended consequences, such as discouraging victims from coming forward. Additionally, there is apprehension about the bill's potential impact on the legal definitions of consent and the age of accountability. Advocates for reform argue that clarity in these definitions is crucial to effectively combat trafficking without disproportionately penalizing those involved in the sex trade.

Companion Bills

MI HB5844

Same As Crimes: prostitution; references to prostitute and prostitution; modify in the juvenile facilities act. Amends sec. 5a of 1988 PA 73 (MCL 803.225a). TIE BAR WITH: HB 5841'24

MI HB5842

Same As Crimes: prostitution; references to prostitute and prostitution; modify in the DNA identification profiling system act. Amends sec. 6 of 1990 PA 250 (MCL 28.176).

MI HB5853

Same As Crimes: prostitution; references to prostitute and prostitution; modify in sex offender registration act. Amends sec. 2 of 1994 PA 295 (MCL 28.722). TIE BAR WITH: HB 5841'24

MI HB5845

Same As Crimes: prostitution; references to prostitute and prostitution; modify in the youth rehabilitation services act. Amends sec. 7a of 1974 PA 150 (MCL 803.307a). TIE BAR WITH: HB 5841'24

MI HB5843

Same As Crimes: prostitution; references to prostitute and prostitution; modify in the probate code of 1939. Amends secs. 2, 13a & 18k, ch. XIIA of 1939 PA 288 (MCL 712A.2 et seq.). TIE BAR WITH: HB 5841'24

MI HB5854

Same As Crimes: prostitution; references to prostitute and prostitution; modify in the Michigan liquor control code of 1998. Amends sec. 906 of 1998 PA 58 (MCL 436.1906). TIE BAR WITH: HB 5841'24

MI HB5849

Same As Crimes: prostitution; references to prostitute and prostitution; modify in the revised judicature act of 1961. Amends sec. 3801 of 1961 PA 236 (MCL 600.3801). TIE BAR WITH: HB 5841'24

MI HB5851

Same As Crimes: prostitution; references to prostitute and prostitution; modify in the child protection law. Amends sec. 2 of 1975 PA 238 (MCL 722.622). TIE BAR WITH: HB 5841'24

MI HB5850

Same As Crimes: prostitution; references to prostitute and prostitution; modify in the child care organizations act. Amends sec. 5r of 1973 PA 116 (MCL 722.115r). TIE BAR WITH: HB 5841'24

MI HB5847

Same As Crimes: prostitution; references to prostitute and prostitution; modify in the fourth class city act. Amends sec. 1, ch. XI of 1895 PA 215 (MCL 91.1). TIE BAR WITH: HB 5841'24

MI HB5846

Same As Crimes: prostitution; references to prostitute and prostitution; modify in public health code. Amends sec. 5129 of 1978 PA 368 (MCL 333.5129). TIE BAR WITH: HB 5841'24

MI HB5852

Same As Crimes: prostitution; references to prostitute and prostitution; modify in the human trafficking notification act. Amends sec. 3 of 2016 PA 62 (MCL 752.1033). TIE BAR WITH: HB 5841'24

MI HB5848

Same As Crimes: prostitution; references to prostitution; modify in the Michigan Gaming Control and Revenue Act. Amends sec. 7c of 1996 IL 1 (MCL 432.207c). TIE BAR WITH: HB 5841'24

MI HB5864

Same As Crimes: prostitution; penalties for and references to prostitute and prostitution crimes in sentencing guidelines; amend. Amends sec. 16w, ch. XVII of 1927 PA 175 (MCL 777.16w).

Previously Filed As

MI HB4506

Natural resources: other; Upper Peninsula natural resources commission; create. Amends secs. 301, 40102 & 40103 of 1994 PA 451 (MCL 324.301 et seq.).TIE BAR WITH: HB 4509'23, HB 4507'23, HB 4508'23

MI HB4508

Natural resources: other; Upper Peninsula natural resources commission; create. Amends 1994 PA 451 (MCL 324.101 - 324.90106) by adding sec. 501b. TIE BAR WITH: HB 4506'23, HB 4509'23, HB 4507'23

MI HB4509

Natural resources: other; authority to make decisions regarding fish in the Upper Peninsula; grant to the Upper Peninsula natural resources commission. Amends secs. 48701, 48703 & 48703a of 1994 PA 451 (MCL 324.48701 et seq.). TIE BAR WITH: HB 4506'23, HB 4507'23, HB 4508'23

MI HB5843

Crimes: prostitution; references to prostitute and prostitution; modify in the probate code of 1939. Amends secs. 2, 13a & 18k, ch. XIIA of 1939 PA 288 (MCL 712A.2 et seq.). TIE BAR WITH: HB 5841'24

MI HB4528

Natural resources: mining; regulations for mining of sand and gravel operations; modify. Amends sec. 9115 of 1994 PA 451 (MCL 324.9115) & adds pt. 639. TIE BAR WITH: HB 4526'23, HB 4527'23

MI HB5846

Crimes: prostitution; references to prostitute and prostitution; modify in public health code. Amends sec. 5129 of 1978 PA 368 (MCL 333.5129). TIE BAR WITH: HB 5841'24

MI HB4507

Natural resources: other; authority to make certain decisions regarding game in the Upper Peninsula; grant to the Upper Peninsula natural resources commission. Amends secs. 40110, 40110a, 40110b & 40113a of 1994 PA 451 (MCL 324.40110 et seq.). TIE BAR WITH: HB 4506'23, HB 4509'23, HB 4508'23

MI HB5715

Criminal procedure: sentencing guidelines; sentencing guidelines for certain crimes; update. Amends secs. 11b, 12e, 12f, 13m, 13n, 14a, 14h, 15d, 16d, 16f, 16g, 16i, 16j, 16k, 16l, 16m, 16p, 16q, 16r, 16s, 16t, 16w, 16x, 16y, 16bb, 17b & 17g, ch. XVII of 1927 PA 175 (MCL 777.11b et seq.). TIE BAR WITH: HB 5704'24, HB 5709'24, HB 5711'24, HB 5707'24, HB 5712'24, HB 5708'24, HB 5705'24, HB 5706'24, HB 5714'24, HB 5713'24, HB 5710'24

MI HB4521

Crimes: assaultive; penalties for certain kinds of assault; modify. Amends sec. 82 of 1931 PA 328 (MCL 750.82). TIE BAR WITH: HB 4520'23

MI HB4185

Sales tax: distribution; distribution of revenue; modify. Amends sec. 25 of 1933 PA 167 (MCL 205.75). TIE BAR WITH: HB 4183'25, HB 4182'25, HB 4181'25, HB 4183'25, HB 4180'25, HB 4186'25, HB 4187'25, HB 4184'25

Similar Bills

CA AB379

Crimes: prostitution.

CA SB303

Crimes: solicitation of prostitution of a minor: human trafficking.

RI S0810

Decriminalizes certain commercial sexual activity. It would also include human trafficking as a racketeering activity and would allow expungements of certain convictions in § 11-34.1 after one year.

RI S2713

Commercial Sexual Activity

MS HB718

Crime of promoting prostitution; clarify and revise where certain monies are deposited.

RI S2934

Decriminalizes certain commercial sexual activity.

MS HB158

"Justice for Trafficked Minors Act"; create to require life imprisonment of traffickers.

WV SB287

Increasing protection for minors when victims of human trafficking