SENATE SUBSTITUTE FOR

HB-5012, As Passed House, October 2, 2014HB-5012, As Passed Senate, October 2, 2014

HOUSE BILL NO. 5012

A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

by amending section 451 (MCL 750.451), as amended by 2002 PA 44.

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,~~ 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,~~ 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,~~

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) ~~(4)~~ 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.

(d) The defendant's statement.

(6) In any prosecution of a person under 18 years of age for

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 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 human services shall begin an

investigation of a human trafficking violation reported to the

department of human services under subsection (7) within 24 hours

after the report is made to the department of 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) ~~(5)~~ As used in this section, "prior conviction" means a

violation of section 448, 449, ~~449a,~~ 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,~~ 449a(1), 450, or 462.

Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.

Enacting section 2. This amendatory act does not take effect

unless all of the following bills of the 97th Legislature are

enacted into law:

(a) Senate Bill No. 205.

(b) House Bill No. 5026.