The bill amends section 451 of the Michigan Penal Code, which addresses penalties for violations of specific sections related to sexual offenses. It establishes a tiered penalty system based on the number of prior convictions a person has. For first-time offenders aged 16 and older, the penalty is a misdemeanor with a maximum of 93 days imprisonment or a $500 fine. If the individual has one prior conviction, the penalty increases to a misdemeanor punishable by up to one year in prison or a $1,000 fine. For those with two or more prior convictions, the offense escalates to a felony with a maximum of two years imprisonment or a $2,000 fine. Additionally, a separate felony charge is established for violations of section 449a(2), with penalties of up to five years imprisonment or a $10,000 fine.

The bill also introduces new provisions regarding individuals under 18 years of age, presuming they were coerced into committing offenses related to human trafficking unless proven otherwise. It mandates that law enforcement report suspected human trafficking violations involving minors to the Department of Health and Human Services, which must initiate an investigation within 24 hours. The bill clarifies that the existence of prior convictions must be determined by the court at sentencing, and it modifies language regarding the eligibility for presumption of coercion and the timeline for investigations. The amendments aim to enhance protections for minors and streamline the legal process surrounding these offenses.

Statutes affected:
House Introduced Bill: 750.451