February 23, 2006, Introduced by Rep. Pavlov and referred to the Committee on Judiciary.
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 a sex act for which
anything of value is given, promised to, or received by another
person.
(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.
(k) "Sexually explicit performance" means a live or public act
or show intended to arouse or satisfy the sexual desires or appeal
to the prurient interests of patrons.
(l) "Trafficking victim" means a person subjected to the
conduct proscribed under section 462b, 462c, 462d, 462e, 462f,
462g, 462h, 462i, or 462j, or substantially similar conduct
proscribed under chapter XXVA of the Michigan penal code, 1931 PA
328, MCL 750.159f to 750.159x.
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.
Sec. 462j. (1) The attorney general, in consultation with the
department of human services, shall issue a report outlining how
existing laws and regulations respond to the needs of trafficking
victims and suggesting areas of improvement and modification. The
report required under this subsection shall be issued not more than
1 year after the effective date of the amendatory act that added
this section.
(2) The department of human services, in consultation with the
attorney general, shall issue a report outlining how existing
social programs respond or fail to respond to the needs of
trafficking victims and the interplay of those existing programs
with federally-funded victim service programs, and suggesting areas
of improvement and modification, including, but not limited to, the
ability of state programs and licensing bodies to recognize federal
T nonimmigrant status for purposes of benefits, programs, and
licenses. The report required under this subsection shall be issued
not more than 1 year after the effective date of the amendatory act
that added this section.