Act No. 361

Public Acts of 2010

Approved by the Governor

December 22, 2010

Filed with the Secretary of State

December 22, 2010

EFFECTIVE DATE: April 1, 2011

STATE OF MICHIGAN

95TH LEGISLATURE

REGULAR SESSION OF 2010

Introduced by Reps. LeBlanc, Gonzales, Spade, Barnett, Terry Brown, Jackson, Nathan, Neumann, Liss, Robert Jones, Womack, Kennedy, Bauer, Miller, Constan, Hammel, Polidori, Warren, Smith, Durhal, Meadows and Lisa Brown

ENROLLED HOUSE BILL No. 5576

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 2006 PA 156.

The People of the State of Michigan enact:

CHAPTER XVII

Sec. 16w. 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 Pub ord G Prostitution — various offenses — third or subsequent offense  2

750.452 Pub ord E Keeping a house of prostitution  5

750.455 Pub ord G Pandering 20

750.456 Person B Placing spouse into prostitution 20

750.457 Pub ord G Accepting earnings of a prostitute 20

750.458 Person B Prostitution — detaining female for debt 20

750.459 Person B Transporting a female for prostitution 20

750.462b(1) Person D Human trafficking — forced labor through physical harm 10

750.462b(2) Person C Human trafficking — forced labor through physical harm causing injury 15

750.462b(3) Person A Human trafficking — forced labor through physical harm causing death Life

750.462c(1) Person D Human trafficking — forced labor through physical restraint 10

750.462c(2) Person C Human trafficking — forced labor through physical restraint causing injury 15

750.462c(3) Person A Human trafficking — forced labor through physical restraint causing death Life

750.462d(1) Person D Human trafficking — forced labor through abuse of legal process 10

750.462d(2) Person C Human trafficking — forced labor through abuse of legal process causing injury 15

750.462d(3) Person A Human trafficking — forced labor through abuse of legal process causing death Life

750.462e(1) Person D Human trafficking — forced labor through destruction of ID document 10

750.462e(2) Person C Human trafficking — forced labor through destruction of ID document causing injury 15

750.462e(3) Person A Human trafficking — forced labor through destruction of ID document causing death Life

750.462f(1) Person D Human trafficking — forced labor through blackmail 10

750.462f(2) Person C Human trafficking — forced labor through blackmail causing injury 15

750.462f(3) Person A Human trafficking — forced labor through blackmail causing death Life

750.462g(1) Person B Human trafficking — obtain minor for child sexual abusive activity 20

750.462h(2) Person D Human trafficking — recruit minor for forced labor 10

750.462h(3) Person C Human trafficking — recruit minor for forced labor causing injury 15

750.462h(4) Person A Human trafficking — recruit minor for forced labor causing death Life

750.462i Person A Human trafficking — compound felony Life

750.462j(1)(a) Person D Providing or obtaining labor or services of another person by force, fraud, or coercion 10

750.462j(1)(b) Person B Providing or obtaining labor or services of minor by force, fraud, or coercion 20

750.462j(1)(c) Person A Providing or obtaining labor or services of another person by force, fraud, or coercion causing death Life

750.462j(2)(a) Person D Recruiting or transporting person for labor or services 10

750.462j(2)(b) Person B Recruiting or transporting minor for labor or services 20

750.462j(2)(c) Person A Recruiting or transporting person for labor or services causing death Life

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

Enacting section 1. This amendatory act takes effect April 1, 2011.

Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 95th Legislature are enacted into law:

(a) House Bill No. 5575.

(b) House Bill No. 5577.

(c) House Bill No. 5578.

(d) House Bill No. 5579.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor