November 1, 2017, Introduced by Rep. Kosowski and referred to the Committee on Law and Justice.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending sections 449a, 451, 452, 454, 455, 456, 457, 458, 459,
and 462 (MCL 750.449a, 750.451, 750.452, 750.454, 750.455, 750.456,
750.457, 750.458, 750.459, and 750.462), section 449a as amended by
2014 PA 326, section 451 as amended by 2016 PA 338, sections 452,
455, 456, 457, and 458 as amended by 2014 PA 331, section 454 as
amended by 2002 PA 672, section 459 as amended by 2016 PA 485, and
section 462 as amended by 2002 PA 46.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 449a. (1) Except as provided in subsection (2), a person
18 years of age or older who engages or offers to engage the
services of another person, not his or her spouse, for the purpose
of prostitution, lewdness, or assignation, by the payment in money
or other forms of consideration, is guilty of a misdemeanor. A
person convicted of violating this section is subject to part 52 of
the public health code, 1978 PA 368, MCL 333.5201 to 333.5210.
(2) A person 18 years of age or older who engages or offers to
engage the services of another person, who is less than 18 years of
age and who is not his or her spouse, for the purpose of
prostitution, lewdness, or assignation, by the payment in money or
other forms of consideration, 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(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 18 years of age or older who is convicted of
violating section 448, 449, 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(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) 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 must 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.
(6)
In any prosecution of If a person under 18 years of age
for
an offense punishable under is
found engaging in conduct that
would be a violation of this section or a local ordinance
substantially corresponding to an offense punishable under this
section if engaged in by a person more than 18 years of age, it
shall
must 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 18 years of age or over shall immediately
report to the department of health and 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 health and human services shall begin an
investigation of a human trafficking violation reported to the
department of health and human services under subsection (7) within
24 hours after the report is made to the department of health and
human services, as provided in section 8 of the child protection
law,
1975 PA 238, MCL 722.628. The investigation shall must 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) As used in this section, "prior conviction" means a
violation of section 448, 449, 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(1), 450, or 462.
Sec. 452. A person 18 years of age or older who keeps,
maintains, or operates, or aids and abets in keeping, maintaining,
or operating, a house of ill-fame, bawdy house, or any house or
place
resorted to utilized for the purpose of prostitution or
lewdness is guilty of a felony punishable by imprisonment for not
more than 5 years or by a fine of not more than $5,000.00, or both.
Sec.
454. Any person 18 years of age
or older who shall let
leases any dwelling house, knowing that the lessee intends to use
it
as a house of ill-fame or place of resort for the purpose of
utilized for prostitution and lewdness, or for the purpose of
gambling
for money or other property, or who shall knowingly permit
such
permits a lessee to use the same for such purpose, dwelling
house for prostitution or gambling for money or other property, or
who
shall receive receives any rent for any dwelling, house, room,
or apartment which is used as a house of ill-fame or place of
resort for prostitutes, or for the purpose of prostitution and
lewdness, or for the purpose of gambling for money or other
property,
having who has reasonable cause to believe such house,
room, or apartment is used for any such purpose, is guilty of a
misdemeanor punishable by imprisonment for not more than 6 months
or
a fine of not more than $750.00. However, no a person
shall be
is
not liable for receiving rent as
aforesaid under this section
for any period prior to the time when he or she has reasonable
cause to believe that such house, room, or apartment is used for
any such purpose.
Sec. 455. A person 18 years of age or older who does any of
the following is guilty of a felony punishable by imprisonment for
not more than 20 years:
(a) Procures an inmate for a house of prostitution.
(b) Induces, persuades, encourages, inveigles, or entices a
person to become a prostitute.
(c) By promise, threat, or violence, or by any device or
scheme, causes, induces, persuades, encourages, takes, places,
harbors, inveigles, or entices a person to become an inmate of a
house of prostitution or assignation place or any place where
prostitution is practiced, encouraged, or allowed.
(d) By any promise or threat, or by violence or any device or
scheme, causes, induces, persuades, encourages, inveigles, or
entices an inmate of a house of prostitution or place of
assignation to remain there as an inmate.
(e) By any promise or threat, or by violence, any device or
scheme, fraud or artifice, or by duress of person or goods, or by
abuse of any position of confidence or authority, or having legal
charge, takes, places, harbors, inveigles, entices, persuades,
encourages, or procures any person to engage in prostitution.
(f) Inveigles, entices, persuades, encourages, or procures any
person to come into this state or to leave this state for the
purpose of prostitution.
(g) Upon the pretense of marriage, takes or detains a person
for the purpose of sexual intercourse.
(h) Receives or gives, or agrees to receive or give, any money
or thing of value for procuring or attempting to procure any person
to become a prostitute or to come into this state or leave this
state for the purpose of prostitution.
Sec. 456. Any person 18 years of age or older who by force,
fraud, intimidation, or threat places or leaves, or procures any
other person to place or leave, his or her spouse in a house of
prostitution or to lead a life of prostitution, is guilty of a
felony punishable by imprisonment for not more than 20 years.
Sec. 457. (1) Any person 18 years of age or older who
knowingly accepts, receives, levies, or appropriates any money or
valuable thing without consideration from the proceeds of the
earnings of any person engaged in prostitution, or any person,
knowing a person to be a prostitute, who lives or derives support
or maintenance, in whole or in part, from the earnings or proceeds
of the prostitution of a prostitute, or from money loaned or
advanced to or charged against a prostitute by any keeper or
manager or inmate of a house or other place where prostitution is
practiced or allowed, is guilty of a felony punishable by
imprisonment for not more than 20 years.
(2) The acceptance, receipt, levy, or appropriation of money
or any thing of value described in subsection (1) is presumptive
evidence of lack of consideration.
Sec. 458. Any person 18 years of age or older who attempts to
detain any person in a disorderly house or house of prostitution
because of any debt or debts the person has contracted, or is said
to have contracted while living in that house, is guilty of a
felony punishable by imprisonment for not less than 2 years or more
than 20 years.
Sec. 459. (1) A person 18 years of age or older shall not
knowingly transport or cause to be transported, or aid or assist in
obtaining transportation for, by any means of conveyance, into,
through, or across this state, any person for the purpose of
prostitution or with the intent and purpose to induce, entice, or
compel that person to become a prostitute. A person who violates
this subsection is guilty of a felony punishable by imprisonment
for not more than 20 years or a fine of not more than $20,000.00,
or both.
(2) A person 18 years of age or older shall not knowingly sell
or offer to sell travel services that include or facilitate travel
for the purpose of engaging in what would be a violation of this
chapter, concerning prostitution, or of chapter LXVIIA, concerning
human trafficking, if the violation occurred in this state. Except
as provided in subsection (3), a person who violates this
subsection 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.
(3) If a person violates subsection (2) and the violation
involves conduct against a minor, the person is guilty of a felony
punishable by imprisonment for not more than 10 years or a fine of
not more than $15,000.00, or both.
(4) A person who violates this section may be prosecuted,
indicted, tried, and convicted in any county or city in or through
which
he or she shall transport transported
or attempt attempted to
transport any person in violation of this section.
(5) As used in this section, "travel services" means
transportation by air, sea, or ground, hotel or other lodging
accommodations, package tours, or the provision of vouchers or
coupons to be redeemed for future travel, or accommodations for a
fee, commission, or other valuable consideration.
Sec. 462. A person 18 years of age or older who, for a purpose
other than prostitution, takes or conveys to, or employs, receives,
detains, or allows a person 16 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 disorderly persons is guilty of a crime punishable as
provided in section 451.
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 99th Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 5202 (request no.
03517'17 a).
(b) Senate Bill No.____ or House Bill No. 5204 (request no.
03518'17).
(c) Senate Bill No.____ or House Bill No. 5205 (request no.
03519'17).
(d) Senate Bill No.____ or House Bill No. 5206 (request no.
03520'17).