SB 524

SENATE BILL NO. 524
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending sections 448, 449, 450, 451, 454, and 462
(MCL 750.448, 750.449, 750.450, 750.451, 750.454, and 750.462), section 448 as
amended by 2002 PA 45, sections 449 and 462 as amended by 2002 PA 46, section
450 as amended by 2014 PA 326, section 451 as amended by 2016 PA 338, and
section 454 as amended by 2002 PA 672.
the people of the state of michigan enact:
Sec. 448. A person 16 18 years of age or older who accosts, solicits, or
invites another person in a public place or in or from a building or vehicle,
by word, gesture, or any other means, to commit prostitution or to do any other
lewd or immoral act, is guilty of a crime punishable as provided in section
451.
Sec. 449. A person 16 18 years of age or older who receives or admits or
offers to receive or admit a person into a place, structure, house, building,
or vehicle for the purpose of prostitution, lewdness, or assignation, or who
knowingly permits a person to remain in a place, structure, house, building, or
vehicle for the purpose of prostitution, lewdness, or assignation, is guilty of
a crime punishable as provided in section 451.
Sec. 450. A person 16 18 years of age or older who aids, assists, or abets
another person to commit or offer to commit an act prohibited under section
448, 449, or 449a is guilty of a crime punishable as provided in section 451.
Sec. 451. (1) Except as otherwise provided in this
section, a person convicted of violating section 448, 449, 449a(1), 450, 454, 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, $1,000.00, or
both.
(2) A person 16 18 years of age
or older who is convicted of violating section 448, 449, 449a(1), 450, 454, 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, $2,000.00, or both.
(3) A person
convicted of violating section 448, 449, 449a(1), 450, 454, or 462 and who has 2 or more prior convictions
is guilty of a felony punishable by imprisonment for not more than 2 5 years or a
fine of not more than $2,000.00, $4,000.00, or both.
(4) A person
convicted of violating section 449a(2) is guilty of a felony punishable by
imprisonment for not more than 5 20 years or a fine of not more than $10,000.00, $100,000.00, 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) A person who has not been convicted previously of a violation of
section 448, 449, 449a(1), 450, or 462, or under any statute of the United
States or any state substantially corresponding to the laws of this state,
pleads guilty to, or is found guilty of, a violation of section 448, 449,
449a(1), 450, or 462, the court, without entering a judgment of guilt and with
the consent of the prosecuting attorney, may defer further proceedings and
place the defendant on probation with lawful terms and conditions. An order of
probation entered under this subsection must require the accused to participate
in a mandatory human trafficking awareness program. The court may order the
accused to pay the reasonable costs of the mandatory human trafficking
awareness program. The terms and conditions of probation may also include
participation in a drug treatment court under chapter 10A of the revised
judicature act of 1961, 1961 PA 236, MCL 600.1060 to 600.1088. Upon a violation
of a term or condition of probation, the court may enter an adjudication of
guilt and proceed as otherwise provided. Upon fulfillment of the terms and
conditions of probation, the court shall discharge from probation and dismiss
the proceedings against the defendant. Discharge and dismissal under this
subsection shall be without adjudication of guilt and are not a conviction for
purposes of disqualifications or disabilities imposed by law upon conviction of
a crime, including any additional penalties imposed for second or subsequent
convictions. An individual may receive only 1 discharge and dismissal under
this section.
(7) (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.
(8) (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.
(9) (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 (8) not later than 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 must 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.
(10) (9) As
used in this section, "prior conviction" means a violation of section
448, 449, 449a(1), 450, 455, or 462, 462b, 462c, 462d,
or 462e 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, 455, or 462, 462b, 462c, 462d,
or 462e.
Sec. 454. Any person who shall
let any rents a dwelling, house, room, or apartment,
knowing that the lessee intends to use it as a house of ill-fame or
place of resort for the purpose of prostitution and lewdness, or for the
purpose of gambling for money or other property, or who shall knowingly permit
such lessee to use the same for such purpose, or who shall receive any rent or payment for any dwelling, house, room, or
apartment which that
is used as a house of ill-fame or place of resort for prostitutes, or
for the purpose of prostitution and lewdness, or for the purpose of gambling
for money or other property, having reasonable cause to believe such dwelling, house, room, or apartment is used for any
such purpose, is guilty of a misdemeanor punishable
by imprisonment for not more than 6 months or a fine of not more than $750.00. crime punishable as provided in section 451. However,
no a person shall be is not liable
for receiving rent as aforesaid for any period
prior to the time when he or she has or payment
under this section before the person had reasonable cause to believe
that such dwelling, house, room, or apartment
is used for any such purpose.
Sec. 462. A person who, for a purpose other than
prostitution, takes or conveys to, or employs, receives, detains, or allows a
person 16 18 years
of age or less to remain in, a house of prostitution, house of ill-fame,
bawdy-house, house of assignation, or any house or place for the resort of
prostitutes or other disorderly persons is guilty of a crime punishable as
provided in section 451.
Enacting section 1.
This amendatory act takes effect 90 days after the date it is enacted into law.