SB-0585, As Passed Senate, March 26, 2014

SUBSTITUTE FOR

SENATE BILL NO. 585

A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

by amending the title and sections 448, 449, 450, 451, and 462 (MCL

750.448, 750.449, 750.450, 750.451, and 750.462), the title as

amended by 2010 PA 107, section 448 as amended by 2002 PA 45,

sections 449, 450, and 462 as amended by 2002 PA 46, and section

451 as amended by 2002 PA 44, and by adding section 451b.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

TITLE

An act to revise, consolidate, codify, and add to the statutes

relating to crimes; to define crimes and prescribe the penalties

and remedies; to provide for restitution under certain

circumstances; to provide for the competency of evidence at the

trial of persons accused of crime; to provide immunity from

prosecution for certain witnesses appearing at criminal trials; to

provide for liability for damages; to preempt certain ordinances;

and to repeal certain acts and parts of acts inconsistent with or

contravening any of the provisions of this act.

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 or 449 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, 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 18 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) If a person under 18 years of age is found 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 18 years of age or over,

it shall be presumed that the person under 18 years of age was

coerced into child sexually abusive activity or into 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 14a of

chapter XIIA of the probate code of 1939, 1939 PA 288, MCL

712A.14a, and the state may petition the court to find that person

to be a dependent juvenile in need of services under section

2(b)(3) of chapter XIIA of the probate code of 1939, 1939 PA 288,

MCL 712A.2.

(6) ~~(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,

449a, 450, or 462.

Sec. 451b. (1) A local unit of government shall not enact or

enforce an ordinance that proscribes conduct addressed in section

448, 449, or 450 that establishes a lower minimum age for the

violator than is established in those sections.

(2) As used in this section, "local unit of government" means

any of the following:

(a) A city, village, or township.

(b) A community college, college, or university.

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