HB-5747, As Passed Senate, May 9, 2006

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5747

     A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

(MCL 750.1 to 750.568) by adding chapter LXVIIA.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

CHAPTER LXVIIA

HUMAN TRAFFICKING

     Sec. 462a. As used in this chapter:

     (a) "Child sexually abusive activity" means that phrase as

defined in section 145c.

     (b) "Commercial sexual activity" means 1 or more of the

following:

     (i) An act of sexual penetration or sexual contact as those

terms are defined in section 520a for which anything of value is

given or received by any person.

     (ii) Any conduct prohibited under section 145c(2) or (3).

     (c) "Extortion" means conduct prohibited under section 213,

including, but not limited to, a threat to expose any secret

tending to subject a person to hatred, contempt, or ridicule.

     (d) "Financial harm" means any of the following:

     (i) Conduct prohibited under section 1 of 1968 PA 259, MCL

438.41.

     (ii) Extortion.

     (iii) Employment contracts that violate 1978 PA 390, MCL 408.471

to 408.490.

     (iv) Any other adverse financial consequence.

     (e) "Forced labor or services" means labor or services that

are obtained or maintained through 1 or more of the following:

     (i) Causing or threatening to cause serious physical harm to

another person.

     (ii) Physically restraining or threatening to physically

restrain another person.

     (iii) Abusing or threatening to abuse the law or legal process.

     (iv) Knowingly destroying, concealing, removing, confiscating,

or possessing any actual or purported passport or other immigration

document, or any other actual or purported government

identification document, of another person.

     (v) Blackmail.

     (vi) Causing or threatening to cause financial harm to any

person.

     (f) "Labor" means work of economic or financial value.

     (g) "Maintain" means, in relation to labor or services, to

secure continued performance of labor or services, regardless of

any initial agreement on the part of the victim to perform the

labor or services.

     (h) "Minor" means a person under 18 years of age.

     (i) "Obtain" means to secure performance of labor or services.

     (j) "Services" means an ongoing relationship between a person

and another person in which the other person performs activities

under the supervision of or for the benefit of the person,

including, but not limited to, commercial sexual activity and

sexually explicit performances.

     Sec. 462b. (1) A person shall not knowingly subject or attempt

to subject another person to forced labor or services by causing or

threatening to cause physical harm to another person. Except as

provided in subsections (2) and (3), a person who violates this

section is guilty of a felony punishable by imprisonment for not

more than 10 years.

     (2) If in the violation of subsection (1) the person causes

another person injury, the person is guilty of a felony punishable

by imprisonment for not more than 15 years.

     (3) If in the violation of subsection (1) the person causes

the death of another person, the person shall be imprisoned for

life or any term of years.

     Sec. 462c. (1) A person shall not knowingly subject or attempt

to subject another person to forced labor or services by physically

restraining or threatening to physically restrain another person.

Except as provided in subsections (2) and (3), a person who

violates subsection (1) is guilty of a felony punishable by

imprisonment for not more than 10 years.

     (2) If in the violation of subsection (1) the person causes

another person injury, the person is guilty of a felony punishable

by imprisonment for not more than 15 years.

     (3) If in the violation of subsection (1) the person causes

the death of another person, the person shall be imprisoned for

life or any term of years.

     Sec. 462d. (1) A person shall not knowingly subject or attempt

to subject another person to forced labor or services by abusing or

threatening to abuse the law or legal process. Except as provided

in subsections (2) and (3), a person who violates this section is

guilty of a felony punishable by imprisonment for not more than 10

years.

     (2) If in the violation of subsection (1) the person causes

another person injury, the person is guilty of a felony punishable

by imprisonment for not more than 15 years.

     (3) If in the violation of subsection (1) the person causes

the death of another person, the person shall be imprisoned for

life or any term of years.

     Sec. 462e. (1) A person shall not knowingly subject or attempt

to subject another person to forced labor or services by knowingly

destroying, concealing, removing, confiscating, or possessing an

actual or purported passport or other immigration document, or any

other actual or purported government identification document, of

another person. Except as provided in subsections (2) and (3), a

person who violates this section is guilty of a felony punishable

by imprisonment for not more than 10 years.

     (2) If in the violation of subsection (1) the person causes

another person injury, the person is guilty of a felony punishable

by imprisonment for not more than 15 years.

     (3) If in the violation of subsection (1) the person causes

the death of another person, the person shall be imprisoned for

life or any term of years.

     Sec. 462f. (1) A person shall not knowingly subject or attempt

to subject another person to forced labor or services by using

blackmail, using or threatening to cause financial harm to, or

exerting or threatening to exert financial control over another

person. Except as provided in subsections (2) and (3), a person who

violates this section is guilty of a felony punishable by

imprisonment for not more than 10 years.

     (2) If in the violation of subsection (1) the person causes

another person injury, the person is guilty of a felony punishable

by imprisonment for not more than 15 years.

     (3) If in the violation of subsection (1) the person causes

the death of another person, the person shall be imprisoned for

life or any term of years.

     Sec. 462g. A person shall not knowingly recruit, entice,

harbor, transport, provide, or obtain by any means, or attempt to

recruit, entice, harbor, provide, or obtain by any means, a minor

knowing that the minor will be used for child sexually abusive

activity. A person who violates this section is guilty of a felony

punishable by imprisonment for not more than 20 years.

     Sec. 462h. (1) A person shall not knowingly do 1 or both of

the following:

     (a) Recruit, entice, harbor, transport, provide, or obtain by

any means, or attempt to recruit, entice, harbor, transport,

provide, or obtain by any means, another person, intending or

knowing that the person will be subjected to forced labor or

services.

     (b) Benefit financially or receive anything of value from

participation in a venture that has engaged in an act described in

this chapter.

     (2) Except as provided in subsections (3) and (4), a person

who violates subsection (1) is guilty of a felony punishable by

imprisonment for not more than 10 years.

     (3) If in the violation of subsection (1) the person causes

another person injury, the person is guilty of a felony punishable

by imprisonment for not more than 15 years.

     (4) If in the violation of subsection (1) the person causes

the death of another person, the person shall be imprisoned for

life or any term of years.

     Sec. 462i. If a violation of this chapter involves kidnapping

or an attempt to kidnap, criminal sexual conduct or an attempt to

commit criminal sexual conduct, or an attempt to kill, the

defendant shall be imprisoned for life or any term of years.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted.