Bill
HB 5840
HB 5840 tightens expert-witness qualifications in human trafficking cases, allowing only those with specialized training/experience to explain victim behavior to juries.
Status and timeline
- Introduced June 25, 2024 (Rep. John Fitzgerald).
- Passed by the Michigan House (vote recorded December 11, 2024); given immediate effect December 18, 2024.
- Referred to the Committee on Government Operations (Dec 18, 2024) and later referred to the Joint Committee on Appropriations (Jan 22, 2025).
- Amends section 462g of the Michigan Penal Code (MCL 750.462g).
Purpose / intent
- Clarify and tighten the qualifications for expert witnesses who testify about victim behavior in human trafficking prosecutions, while preserving courts’ ability to admit expert testimony that helps explain trafficking dynamics and victim responses.
Key provisions
- Maintains: a victim’s testimony is not required in prosecutions under the chapter; if a victim does testify, their testimony need not be corroborated.
- Revises expert-witness admission language (MCL 750.462g):
- Previously: expert testimony about behavioral patterns of human trafficking victims was admissible if otherwise allowable under evidence rules.
- Under HB 5840: a witness may be qualified as an expert only if the court finds the witness has “specialized knowledge beyond that possessed by the average layperson” based on the witness’s experience with, or specialized training or education in, criminal justice, behavioral sciences, or victim services issues related to human trafficking.
- Explicitly permits qualified experts to testify and give opinions about specific victim responses and victim behaviors (to assist the trier of fact in understanding trafficking dynamics and impacts during and after victimization).
- Prohibits a qualified expert from offering an opinion on the credibility of any other witness, including the victim.
- Either the prosecution or the defense may call such qualified experts.
Who is affected
- Prosecutors and defense attorneys: changes affect rules for qualifying and offering expert testimony in human trafficking cases.
- Judges: new statutory standard to apply when determining expert qualification.
- Expert witnesses and service providers: sets an expectation of experience/training (criminal justice, behavioral sciences, victim services) to qualify as an expert under this section.
- Victims and defendants: expert testimony addressing victim behavior may be more standardized; victims’ behavior can be explained in court while experts are barred from testifying directly about credibility.
Potential impact and considerations
- Clarifies the evidentiary threshold for expert qualification, aiming to ensure experts have relevant, specialized knowledge rather than general familiarity.
- May reduce admissibility of testimony from witnesses without formal training or relevant experience, while still allowing courts to hear testimony that contextualizes victim behavior for juries.
- Preserves the exclusion of expert testimony that directly assesses another witness’s truthfulness, protecting that determination for the factfinder.
Legal reference
- Amends MCL 750.462g (section 462g of the Michigan Penal Code).
Compiled from official sources — confirm details with the bill’s official record.
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