Criminal procedure: trial; qualifications of expert witnesses in human trafficking cases; modify. Amends sec. 462g of 1931 PA 328 (MCL 750.462g).
Impact
The bill also establishes guidelines for the admissibility of expert testimony regarding behavioral patterns of human trafficking victims. It allows expert witnesses with specialized knowledge to provide insights into victim behavior, potentially assisting juries in understanding how trauma can affect a victim's actions and decisions. The integration of expert testimony could influence court outcomes significantly, as jurors often rely on these insights to understand complex psychological and social issues related to victim experiences.
Summary
House Bill 5013 aims to amend the Michigan Penal Code, specifically focusing on the prosecution of human trafficking cases. A notable provision within this bill states that the testimony of a victim is not required for prosecution, thereby easing the burden on victims who might be reluctant to testify. Furthermore, if a victim chooses to testify, their testimony does not need to be corroborated. This change is designed to encourage more victims to come forward without the fear of their statements being invalidated through lack of additional evidence.
Contention
Points of contention surrounding HB5013 center around the implications of modifying the testimony requirements and the role of expert witnesses in trials. Proponents argue that these changes will support victims, making it easier for them to navigate the legal system and achieve justice. However, critics may express concerns that removing the requirement for victim testimony could weaken the prosecution's case if it hinges solely on expert opinions. Additionally, debates may arise regarding the qualifications and potential biases of experts, underscoring the necessity for clear standards in determining who can testify in such sensitive cases.
Criminal procedure: evidence; use of truthful testimony, evidence, or other truthful information against certain witnesses; modify. Amends sec. 462g of 1931 PA 328 (MCL 750.462g).
Civil procedure: evidence; guidelines for expert testimony in certain cases; provide for. Amends secs. 81, 81a, 136b, 520b, 520c, 520d, 520e & 520g of 1931 PA 328 (MCL 750.81 et seq.).
Juveniles: criminal procedure; expunction of crimes resulting from being a victim of human trafficking; expand. Amends sec. 18e, ch. XIIA of 1939 PA 288 (MCL 712A.18e).
Crimes: human trafficking; safe harbor protection for minors who are victims of sex and labor trafficking; modify certain requirements. Amends sec. 451 of 1931 PA 328 (MCL 750.451).
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).
Crimes: criminal sexual conduct; definition of mentally incapacitated for criminal sexual conduct cases; modify. Amends sec. 520a of 1931 PA 328 (MCL 750.520a).
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).
Criminal procedure: evidence; consideration of videorecorded statements in certain proceedings; allow. Amends sec. 2163a of 1961 PA 236 (MCL 600.2163a).
Criminal procedure: other; violation of tampering with utility shut-off procedures; decriminalize under certain circumstances. Amends title & secs. 282 & 383a of 1931 PA 328 (MCL 750.282 & 750.383a).
Criminal procedure: evidence; use of truthful testimony, evidence, or other truthful information against certain witnesses; modify. Amends sec. 462g of 1931 PA 328 (MCL 750.462g).
A bill for an act relating to human trafficking, including civil statutes of limitations, an annual stakeholder meeting and report, depositions of victims, restitution, restorative facilities and protective services, and investigation and prosecution, and making appropriations.
A bill for an act relating to human trafficking, including screening children, civil statutes of limitations, an annual stakeholder meeting and report, depositions of victims, restitution, restorative facilities and protective services, and investigation and prosecution, and making appropriations.(See HF 908, HF 1036.)
Permits victims and witnesses of human trafficking to testify in criminal proceedings via closed circuit television; permits judge to make motion to seek closed circuit testimony.
Permits victims and witnesses of human trafficking to testify in criminal proceedings via closed circuit television; permits judge to make motion to seek closed circuit testimony.