HB-5012, As Passed House, December 4, 2013

SUBSTITUTE FOR

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, 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, 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,

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) 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.

(5) 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 462g or otherwise forced or coerced into committing that

offense by another person engaged in human trafficking in violation

of sections 462a to 462j. A person under 18 years of age described

in this subsection is subject to the temporary protective custody

provisions of section 14 of chapter XIIA of the probate code of

1939, 1939 PA 288, MCL 712A.14, and 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.

(6) Excluding any reasonable period of detention for

investigation purposes, a law enforcement officer who takes a

person under 18 years of age into custody for a suspected violation

of section 448, 449, or 450 or of this section 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 462j.

(7) The department of human services shall begin an

investigation of a human trafficking violation reported to the

department of human services under subsection (6) 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.

(8) ~~(5)~~ As used in this section, "prior conviction" means a

violation of section 448, 449, 449a, 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,