Michigan Legislative Update
- heather6447
- Feb 25
- 4 min read
Laws can help, and laws can hurt. We see this manifested through anti-human trafficking legislation.
Laws can help. There are laws that punish Traffickers for the harm that they have done by putting them in jail and giving them fines. There are laws that hold buyers accountable for the harm that they cause by putting them on probation and giving them fines. There are laws that protect children from being arrested for commercial sex.
Laws can also hurt. There are laws that only allow for Survivors of Trafficking to have crimes related to commercial sex relieved, which does not account for the myriad other offenses that a Trafficker forced the Trafficked Person to do while under their control. There are laws that allow for 16 and 17 year old children to be charged with commercial sex offenses, even though the Federal definition of Trafficking defines a child as eighteen and younger. There are laws that require cooperation from a child who has endured, or continues to endure the trauma of trafficking, and may have been brainwashed to believe that the judicial system will only punish them. There are laws that define a person who sells commercial sex as a "prostitute" which when applied to cases of Human Trafficking creates a stereotype of the trafficked person for the judge and jury that must be overcome in every. single. case.
And these are only the tip of the iceberg. There are many laws surrounding Human Trafficking and Commercial Sex that both help, and hurt.
Michigan is seeking to change some of their laws to better support Survivors and hold Buyers and Traffickers accountable.
Senate Bills 520, 521 and 705 were acted on by the Michigan Senate and voted through to the Michigan House of Representatives at the end of January. The bills are awaiting a hearing in the Judiciary committee. A summary of the bills follows:
SB 520 would amend the Human Trafficking Chapter of the Michigan Penal Code to increase criminal penalties for violating prohibitions against human trafficking. Specifically, the bill would make a human trafficking violation involving a minor or involving kidnapping, criminal sexual conduct, or death a felony punishable by up to life imprisonment and a maximum fine of $50,000. All other human trafficking violations would be punishable by up to 20 years' imprisonment and a maximum fine of $20,000.
SB 521 would modify sentencing guidelines in the Code of Criminal Procedure to reflect changes proposed by Senate Bills.
SB 705 would amend Chapter LXVII of the Michigan Penal Code to do the following:
-Increase, from 16 years old to 18 years old, the age of a person who could be guilty of misdemeanor or felony penalties for facilitating prostitution.
-Increase maximum terms of imprisonment and fines for misdemeanor and felony penalties for facilitating prostitution.
-Allow a person guilty of facilitating prostitution but who had no previous convictions for such to be placed on probation and require the person to participate in a mandatory human trafficking awareness program.
House Bills 5009-5013 received a hearing in the House Judiciary Committee at the end of September and no further action has been taken. A summary of the bills follows:
HB 5009 – increase types and amount of crimes that can be expunged for human trafficking survivors.
HB 5010 – makes being a victim a human trafficking an affirmative defense for forced criminality.
HB 5011 – increases expungements for juvenile human trafficking survivors.
HB 5012 – modifies safe harbor protections (legal provisions designed to divert minor victims of trafficking away from the juvenile justice system by restricting the conditions under which they can be arrested and prosecuted as criminals). Current law allows a prosecution attempting to overcome the presumption that a minor was coerced or forced into trafficking to petition the court to first rule that a minor is dependent and in danger of substantial physical or psychological harm. The bill would simply require this step in all relevant prosecutions. Current law also prohibits extending this presumption of coercion or force in cases involving juveniles who fail to substantially comply with court-ordered services under the juvenile code. The bill would newly allow for prospective eligibility for the presumption of coercion or force in these cases.
HB 5013 – expands the definition of "expert testimony" in human trafficking cases
Both bill packages have until the end of 2026 to be passed and signed by the Governor. If this is not accomplished the process will have to start over for the 2027-2028 legislature.
What can you do?
As a Michigan resident you have the ability to be a changemaker. It starts with using your voice to talk to your Representative and Senator. They are in Lansing representing their districts and you are one of their constituents. If you reach out to let them know that you are concerned about Human Trafficking and want them to take action on these bills, they are more likely to listen. And also...they WANT to hear from you!
You can go here to find your Representative.
You can go here to find your Senator.
Send them an email and include:
Better yet! See when their next office hours are, print those papers out and meet with your legislators in person!
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