SENATE BILL No. 585

 

October 3, 2013, Introduced by Senators NOFS, HANSEN, ANDERSON, GREGORY, WARREN, JANSEN, PROOS, ROBERTSON, JONES, PAPPAGEORGE, SCHUITMAKER, BIEDA, HOPGOOD, MARLEAU, CASPERSON, MOOLENAAR, BRANDENBURG, ROCCA, MEEKHOF, CASWELL, BOOHER, COLBECK, HILDENBRAND, KAHN, RICHARDVILLE and EMMONS and referred to the Committee on Families, Seniors and Human Services.

 

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending the title and sections 448, 449, and 450 (MCL 750.448,

 

750.449, and 750.450), the title as amended by 2010 PA 107, section

 

448 as amended by 2002 PA 45, and sections 449 and 450 as amended

 

by 2002 PA 46, and by adding sections 451b and 451c.

 

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. 451b. (1) Except as provided in section 451c, 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. 451c. If a peace officer has reasonable cause to believe

 

that an individual less than 18 years of age is engaging in conduct

 

proscribed under section 448, 449, 450, or 451, or a local

 

ordinance substantially corresponding to section 448, 449, 450, or

 

451, the police officer shall immediately take that individual into

 

custody under section 14 of chapter XIIA of the probate code of

 

1939, 1939 PA 288, MCL 712A.14, for purposes of a hearing under

 

section 11a of chapter XIIA of the probate code of 1939, 1939 PA

 

288, MCL 712a.11a.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No. 586                                      

 

            of the 97th Legislature is enacted into law.