Criminal Justice (Human Trafficking)

This bill proposes amending Michigan's state constitution to remove the exception allowing involuntary servitude as punishment for crime. It would change Article I, Section 9 to prohibit slavery and involuntary servitude "in all cases," eliminating the current constitutional allowance for forced labor in criminal sentencing. The change directly affects Michigan's criminal justice system by banning a legal basis for forced labor under state law. This constitutional amendment, if approved by voters, would make Michigan the first state to fully abolish this exception in its constitution. (3 sentences)

This bill creates a legal defense for individuals charged with crimes who were victims of human trafficking. It allows defendants to argue that their criminal act was a direct result of being trafficked, applying to both felony and misdemeanor charges under Michigan law. To use this defense, the defendant must prove it by a "preponderance of evidence" (more likely than not). The bill amends Michigan's criminal procedure code to include this provision, directly affecting trafficking victims facing criminal charges for acts committed under coercion.

HB 5028 amends Michigan's sentencing guidelines to update legal references related to prostitution offenses. It replaces terms like "prostitute" with more neutral language in sentencing calculations under MCL 777.16w. This change affects judges and courts when determining penalties for individuals convicted of prostitution-related crimes. The bill modifies how these offenses are described in legal guidelines but does not alter the actual penalties for the crimes.

This bill amends Michigan's sentencing guidelines (MCL 777.16w) to address cases involving minors exploited in prostitution. It specifically modifies how individuals aged 16 or younger are treated when found in a house of prostitution, shifting the focus from criminalization to victim support. The key change directs courts to prioritize rehabilitation and services for these minors rather than imposing standard criminal penalties. This policy change directly affects minors under 16 who are victims of exploitation, ensuring their cases are handled through a victim-centered approach.

SB 524 amends Michigan's prostitution-related laws to increase penalties for repeat offenses and create a new diversion program for first-time offenders. It adds a mandatory human trafficking awareness program for first-time offenders instead of immediate conviction, and establishes a legal presumption that minors under 18 involved in prostitution were coerced by traffickers. The bill directly affects individuals accused of solicitation, operating brothels, or aiding prostitution, with enhanced penalties for those with prior convictions. Key provisions include stricter sentencing tiers based on prior offenses and mandatory reporting of minors to human services for trafficking investigations.