September 26, 2013, Introduced by Reps. Kowall, Heise, Jenkins, Graves, Zorn, Pagel, O'Brien, Denby, Jacobsen, Lori, Rendon, Tlaib and Cavanagh and referred to the Committee on Criminal Justice.
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.
(c) Information contained in a presentence report.
(d) The defendant's statement.
(5) In any prosecution of a minor for an offense punishable
under this section, it shall be presumed that the minor 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 minor
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 minor to be a dependent juvenile in need of
services under section 2b(3) of chapter XIIA of the probate code of
1939, 1939 PA 288, MCL 712A.2b. A dependent minor who fails to
substantially comply with court-ordered services under section
2b(3) of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL
712a.2b, is not eligible for the presumption under this section.
(6) 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 notify the department of human
services of a suspected violation of human trafficking involving a
minor in violation of sections 462a to 462j.
(7) (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.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. ____ or House Bill No. ____ (request no.
03433'13) of the 97th Legislature is enacted into law.