A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” (MCL 760.1 to 777.69) by adding section 21d to chapter VIII.
This bill aims to add section 21d to chapter VIII, establishing an affirmative defense for individuals prosecuted for felony or misdemeanor violations under Michigan state law if the offense was committed as a direct result of being a victim of human trafficking, as defined in chapter LXVIIA of the Michigan Penal Code (1931 PA 328, MCL 750.462a to 750.462h). The burden of proof for this defense lies with the defendant, who must demonstrate it by a preponderance of the evidence. The enactment of this amendment will take effect 90 days after it becomes law. This legislative change is designed to provide legal protection for human trafficking victims, potentially reducing their criminal liability for actions taken under duress. The bill does not specify any new funding allocations or financial figures, nor does it outline direct financial impacts. However, it modifies existing criminal procedure laws to incorporate considerations for human trafficking victims, potentially affecting legal outcomes for this vulnerable group. The timeline for the bill's implementation is clearly defined, with the new provisions becoming effective three months post-enactment.
Co-sponsored by Reps.
Referred to the Committee on Judiciary
Reported with substitute H-1
