2024 House Bill 5840

Criminal procedure: trial; qualifications of expert witnesses in human trafficking cases; modify.

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 462g (MCL 750.462g), as amended by 2017 PA 53.

AI Analysis – Experimental

The primary objective of this legislation is to refine the legal procedures and evidentiary standards in human trafficking cases. Notably, the bill stipulates that the testimony of a victim is not mandatory for prosecution under this chapter, and if a victim does testify, their testimony does not require corroboration. Additionally, the bill allows for the qualification of expert witnesses who possess specialized knowledge in criminal justice, behavioral sciences, or victim services related to human trafficking. These experts can assist the court in understanding the complexities of human trafficking, including victim responses and the impact on victims during and after their victimization. However, the bill explicitly prohibits these experts from testifying about the credibility of other witnesses, including the victim. Both the prosecution and the defense are permitted to call such expert witnesses to testify. This legislative amendment aims to enhance the judicial process in human trafficking cases by providing a clearer framework for the use of expert testimony, thereby potentially benefiting victims by reducing the burden of proof on their testimonies and improving the court's understanding of human trafficking dynamics. The bill does not specify any new funding allocations or financial figures, nor does it introduce any immediate deadlines or timelines for implementation.

Introduced in the House

June 25, 2024

Introduced by Rep. John Fitzgerald (D-83) and 18 co-sponsors

Co-sponsored by Reps. Kelly Breen (D-21), Brenda Carter (D-53), Kara Hope (D-74), Carrie Rheingans (D-47), Regina Weiss (D-6), Matt Koleszar (D-22), Carol Glanville (D-84), Jenn Hill (D-109), Jennifer Conlin (D-48), Laurie Pohutsky (D-17), Denise Mentzer (D-61), Mai Xiong (D-13), Samantha Steckloff (D-19), Erin Byrnes (D-15), Julie Rogers (D-41), Mike McFall (D-8), Angela Witwer (D-76) and Betsy Coffia (D-103)

Referred to the Committee on Judiciary

Nov. 13, 2024

Reported without amendment

Dec. 11, 2024

Passed in the House 61 to 48 (details)

Motion to give immediate effect by Rep. Abraham Aiyash (D-9)

The motion prevailed by voice vote