SB-0205, As Passed Senate, June 5, 2014

SUBSTITUTE FOR

SENATE BILL NO. 205

     A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

by amending sections 449a, 450, and 451 (MCL 750.449a, 750.450, and

750.451), section 450 as amended by 2002 PA 46 and section 451 as

amended by 2002 PA 44.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 449a. (1) Any male Except as provided in subsection (2),

a person who engages or offers to engage the services of a female

another person, not his wife, or her spouse, for the purpose of

prostitution, lewdness, or assignation, by the payment in money or

other forms of consideration, is guilty of a misdemeanor. Any A

person convicted of violating this section shall be is subject to

the provisions of Act No. 6 of the Public Acts of the Second Extra

Session of 1942, being sections 329.201 to 329.208 of the Compiled

Laws of 1948.part 52 of the public health code, 1978 PA 368, MCL

333.5201 to 333.5210.

     (2) A person who engages or offers to engage the services of

another person, who is less than 18 years of age and who is not his

or her spouse, for the purpose of prostitution, lewdness, or

assignation, by the payment in money or other forms of

consideration, is guilty of a crime punishable as provided in

section 451.

     Sec. 450. A person 16 years of age or older who aids, assists,

or abets another person to commit or offer to commit an act

prohibited under section 448, or 449, or 449a is guilty of a crime

punishable as provided in section 451.

     Sec. 451. (1) Except as otherwise provided in this section, a

person convicted of violating section 448, 449, 449a, 449a(1), 450,

or 462 is guilty of a misdemeanor punishable by imprisonment for

not more than 93 days or a fine of not more than $500.00, or both.

     (2) A person 16 years of age or older who is convicted of

violating section 448, 449, 449a, 449a(1), 450, or 462 and who has

1 prior conviction is guilty of a misdemeanor punishable by

imprisonment for not more than 1 year or a fine of not more than

$1,000.00, or both.

     (3) A person convicted of violating section 448, 449, 449a,

449a(1), 450, or 462 and who has 2 or more prior convictions is

guilty of a felony punishable by imprisonment for not more than 2

years , or a fine of not more than $2,000.00, or both.

     (4) A person convicted of violating section 449a(2) is guilty

of a felony punishable by imprisonment for not more than 5 years or

a fine of not more than $10,000.00, or both.

(5) (4) If the prosecuting attorney intends to seek an

enhanced sentence based upon the defendant having 1 or more prior

convictions, the prosecuting attorney shall include on the

complaint and information a statement listing the prior conviction

or convictions. The existence of the defendant's prior conviction

or convictions shall be determined by the court, without a jury, at

sentencing or at a separate hearing for that purpose before

sentencing. The existence of a prior conviction may be established

by any evidence relevant for that purpose, including, but not

limited to, 1 or more of the following:

     (a) A copy of the judgment of conviction.

     (b) A transcript of a prior trial, plea-taking, or sentencing.

     (c) Information contained in a presentence report.

     (d) The defendant's statement.

(6) (5) As used in this section, "prior conviction" means a

violation of section 448, 449, 449a, 449a(1), 450, or 462 or a

violation of a law of another state or of a political subdivision

of this state or another state substantially corresponding to

section 448, 449, 449a, 450, or 462.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.