Act No. 486

Public Acts of 2016

Approved by the Governor

January 5, 2017

Filed with the Secretary of State

January 6, 2017

EFFECTIVE DATE: April 6, 2017

STATE OF MICHIGAN

98TH LEGISLATURE

REGULAR SESSION OF 2016

Introduced by Rep. Sheppard

ENROLLED HOUSE BILL No. 5839

AN ACT to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 16w of chapter XVII (MCL 777.16w), as amended by 2014 PA 327.

The People of the State of Michigan enact:

CHAPTER XVII

Sec. 16w. (1) This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:

M.C.L. Category Class Description Stat Max

750.451(3) Pub ord G Prostitution — various offenses — third or subsequent offense 2

750.451(4) Person E Soliciting a person under 18 years of age to commit prostitution 5

750.452 Pub ord E Keeping a house of prostitution 5

750.455 Pub ord B Pandering 20

750.456 Person B Placing spouse into prostitution 20

750.457 Pub ord B Accepting earnings of a prostitute 20

750.458 Person B Prostitution — detaining person for debt 20

750.459(1) Person B Transporting a person for prostitution 20

750.459(2) Person E Selling travel services to facilitate prostitution or human trafficking in other jurisdictions 5

750.459(3) Person D Selling travel services to facilitate prostitution or human trafficking in other jurisdictions involving a minor 10

750.462f(1)(a) Person D Human trafficking violation 10

750.462f(1)(b) Person C Human trafficking violation resulting in bodily injury 15

750.462f(1)(c) Person B Human trafficking violation resulting in serious bodily injury 20

750.462f(1)(d) Person A Human trafficking violation involving death or the commission of certain felonies Life

750.462f(2) Person B Obtaining a minor for commercial sexual activity or for forced labor or services 20

750.462f(3) Person Variable Attempting, conspiring, or soliciting another to violate human trafficking laws Variable

750.465a(1)(b) Property G Operating audiovisual recording device in a theatrical facility — second offense 2

750.465a(1)(c) Property F Operating audiovisual recording device in a theatrical facility — third or subsequent offense 4

(2) For a violation of section 462f(3) of the Michigan penal code, 1931 PA 328, MCL 750.462f, determine the offense category, offense variable level, and prior record variable level based on the underlying offense.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.

Enacting section 2. This amendatory act does not take effect unless House Bill No. 5838 of the 98th Legislature is enacted into law.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor