HOUSE BILL No. 5203

 

 

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).