Bill
HB 5837
Michigan bill creates an affirmative defense for crimes directly caused by human trafficking victimization; defendants must prove causation by a preponderance of the evidence.
Status: Passed House; referred to committees (Government Operations; later referred to Joint Committee on Appropriations). Passed House Dec. 11, 2024 (roll call noted); substitute (H‑1) adopted. Effective date if enacted: 90 days after enactment.
Sponsors: Rep. Matt Koleszar (primary); cosponsors listed in House introduction.
Summary of purpose
- Establish an affirmative defense allowing a defendant charged with a Michigan felony or misdemeanor to assert that they committed the charged offense “as a direct result” of being a victim of human trafficking (as defined in chapter LXVIIA of the Michigan Penal Code, MCL 750.462a–750.462h).
- Put another way: even if the conduct underlying the charge occurred, the defendant may avoid criminal liability by proving that the conduct was directly caused by their victimization by human trafficking.
Key provisions
- Adds a new section (21d/21e in various drafts) to Chapter VIII of the Code of Criminal Procedure (1927 PA 175, MCL 760.1–777.69).
- Substantive text:
- (1) Affirms that it is an affirmative defense in prosecutions for any state felony or misdemeanor that the defendant’s offense was a direct result of being a human trafficking victim (per MCL 750.462a–750.462h).
- (2) The defendant bears the burden of proof by a preponderance of the evidence (i.e., more likely than not).
- Effective date provision: the act would take effect 90 days after enactment.
Who would be affected
- Defendants in Michigan criminal cases (felony and misdemeanor) who claim they committed unlawful acts because they were victims of human trafficking.
- Prosecutors and courts, which would need to receive, evaluate, and rule on evidence offered to establish this defense.
- Victim service providers, law enforcement, and experts who may be called to provide evidence or testimony regarding trafficking victimization.
Procedural/timing notes
- House passed the bill (substitute H‑1 adopted); as of the latest actions it was referred to the Committee on Government Operations and later to the Joint Committee on Appropriations (Jan. 22, 2025).
- If enacted by the Legislature and signed, the law becomes operative 90 days after the effective date.
Related legislation and context
- HB 5837 was introduced alongside companion bills (HBs 5836, 5838–5840) addressing expungement/setting aside convictions/adjudications for trafficking victims, juvenile safe-harbor rules, and expert witness qualifications in trafficking cases. Those bills expand relief and procedural protections for trafficking victims in criminal justice settings.
Potential impacts (operational)
- May allow trafficking victims to avoid conviction for crimes committed under coercion or control by traffickers, subject to meeting the evidentiary standard.
- Could increase evidentiary proceedings in trials to establish victimization causation, and require coordination with social‑service and law‑enforcement documentation.
- Interacts with companion expungement measures that would expand post‑conviction relief for trafficking victims.
Compiled from official sources — confirm details with the bill’s official record.
Sign in to ask a question.
