2024 House Bill 5839

AI Analysis – Experimental

The bill outlines a tiered penalty system for individuals convicted of violating sections 448, 449, 449a(1), 450, or 462, with increasing severity based on prior convictions. For a first-time offense, the penalty is a misdemeanor punishable by up to 93 days in jail or a fine of up to $500, or both. A second offense by individuals aged 16 or older results in a misdemeanor with up to one year of imprisonment or a fine up to $1,000, or both. For those with two or more prior convictions, the offense escalates to a felony, punishable by up to two years in prison or a fine up to $2,000, or both. Additionally, a violation of section 449a(2) is classified as a felony with a maximum penalty of five years in prison or a fine up to $10,000, or both.

The bill mandates that prosecuting attorneys seeking enhanced sentences due to prior convictions must include a statement of these convictions in the complaint and information. The court, not a jury, will determine the existence of prior convictions during sentencing or a separate pre-sentencing hearing, using various forms of evidence such as judgment copies, trial transcripts, presentence reports, or the defendant's statements.

For individuals under 18 years of age, the bill introduces a presumption that they were coerced into illegal activities related to child sexually abusive or commercial sexual activity, unless proven otherwise beyond a reasonable doubt. The state is required to petition the court to declare such minors dependent and in danger of substantial harm, as per the probate code of 1939 (1939 PA 288, MCL 712A.2). Law enforcement officers encountering minors in these situations must report suspected human trafficking to the Department of Health and Human Services (DHHS) immediately. The DHHS is then obligated to initiate an investigation within 24 hours to determine the minor's dependency status and potential harm.

The bill also defines "prior conviction" to include violations of the specified sections or equivalent laws from other states or political subdivisions. The amendments introduced by this bill will take effect 90 days after enactment.