2023 Senate Bill 516 / 2024 Public Act 184

Criminal procedure: evidence; admissibility of evidence of other acts in certain human trafficking and prostitution prosecutions; provide for.

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 27b of chapter VIII (MCL 768.27b), as amended by 2018 PA 372.

Senate Fiscal Agency Analysis

Human trafficking is the illegal act of forcing an individual to perform labor or sexual acts and often involves the kidnapping and harboring of the individual.

Senate Bill 515 (S-1) would amend Chapter VIII (Trials) of the Code of Criminal Procedure to allow a statement concerning prostitution or human trafficking to be admissible as evidence.

Senate Bill 516 would amend Chapter VIII of the Code of Criminal Procedure to allow evidence of a defendant's prior commission of commercial sexual activity, human trafficking, or prostitution to be admissible for any relevant purpose.

Senate Bill 517 (S-1) would amend Chapter LXVIIA (Human Trafficking) of the Michigan Penal Code to prohibit a victim, complainant, or witness necessary for the prosecution from being excused from testifying or complying with an investigation, proceeding, or trial involving human trafficking if evidence would tend to degrade or incriminate the individual. The bill specifies that truthful testimony by the individual generally could not be used against the individual in a criminal case.

Introduced in the Senate

Sept. 20, 2023

Introduced by Sen. Sue Shink (D-14) and eight co-sponsors

Co-sponsored by Sens. Rosemary Bayer (D-13), John Cherry (D-27), John Damoose (R-37), Stephanie Chang (D-3), Jeff Irwin (D-15), Erika Geiss (D-1), Veronica Klinefelt (D-11) and Roger Victory (R-31)

Referred to the Committee on Civil Rights, Judiciary, and Public Safety

Nov. 9, 2023

Reported without amendment

Nov. 14, 2023

Referred to the Committee of the Whole

Jan. 11, 2024

Reported without amendment

Jan. 25, 2024

Passed in the Senate 37 to 0 (details)

Received in the House

Jan. 30, 2024

Referred to the Committee on Judiciary

Nov. 13, 2024

Reported with substitute H-1

Dec. 11, 2024

Substitute H-1 concurred in by voice vote

Passed in the House 56 to 53 (details)

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

The motion prevailed by voice vote

Received in the Senate

Dec. 12, 2024

Substitute H-1 concurred in 35 to 0 (details)

Signed by Gov. Gretchen Whitmer

Dec. 30, 2024