Summary — HB 5846 (Public Health Code amendment)
Status: Passed by the Michigan House (12/11/2024, immediate effect); referred to Committee on Government Operations (12/18/2024); referred to Joint Committee on Appropriations (1/22/2025). Introduced: 6/25/2024. Amends: Public Health Code, section 5129 (MCL 333.5129).
Purpose / Intent
HB 5846 updates the Public Health Code to (1) replace references to “prostitution”/“prostitute” with the broader term “commercial sexual activity”/“person who provides commercial sexual activity,” and (2) revise court‑ordered testing, notification, and counseling procedures for persons arrested, charged, or convicted of certain criminal sexual‑ and drug‑related offenses.
Key provisions
- Terminology change: Substitutes “prostitution” (and related local ordinance language) with “commercial sexual activity” and substitutes “prostitute” with “person who provides or offers to provide commercial sexual activity” throughout section 5129.
- Court‑ordered testing:
- Authorizes the court to order examination/testing for sexually transmitted infections (STIs), hepatitis B, hepatitis C, HIV, or AIDS for individuals arrested and charged with specified Penal Code sections, including those historically tied to prostitution/commercial sexual activity (see list below).
- If results indicate infection, results must be reported to the defendant and, pursuant to existing law (sections 5114/5114a), to the Michigan Department of Health and Human Services and the appropriate local health department for partner notification.
- Pretrial information and counseling:
- Judges/magistrates setting release conditions must provide defendants arrested on listed offenses with STI/HIV informational materials (materials county clerks distribute under section 5119(1)) and recommend voluntary counseling/testing at local health departments.
- Orders when bound over or upon conviction:
- If a defendant is bound over to circuit court and the district court finds reason to believe sexual penetration or exposure to body fluid occurred, the court must order testing for STIs, hepatitis B/C, and HIV; circuit court must do likewise on indictment.
- Upon victim request in certain sexual‑assault offenses, the court must order expedited testing (not later than 48 hours after information/indictment is presented and defendant is in custody or served) and medically appropriate follow‑up testing.
- Upon conviction (or juvenile adjudication), the sentencing court must order examination/testing and counseling; tests are to be administered confidentially by a licensed physician, MDHHS, or local health department.
- Counseling requirement: Courts must order counseling that covers treatment, transmission, and protective measures; counseling is voluntary unless specified otherwise.
- Victim notification/consent: If the victim consents, the court/probationary process will provide the testing agency with the victim’s contact information so results or follow‑up can be provided; agencies must promptly provide test results to victims as directed (text truncated in source but requirement is included).
Offenses referenced
The bill cross‑references numerous Penal Code sections for which these public‑health measures apply, including (but not limited to) sections: 145a, 338, 338a, 338b, 448, 449, 449a, 450, 452, 455, 520b–520e, 520g, and violations involving intravenous use of controlled substances (and corresponding local ordinances). (MCL citations are listed in the bill.)
Who is affected
- Defendants/arrestees charged with the listed offenses (including those charged under local ordinances prohibiting “commercial sexual activity”).
- Victims/partners of persons whose tests show infections (via partner‑notification processes).
- Courts (district and circuit) — new duties to order tests, distribute information, recommend/carry out counseling and expedited testing on request.
- Local health departments, MDHHS, licensed physicians — responsible for administering confidential tests, counseling, and partner notification.
Procedural notes
- Section amended: MCL 333.5129 (Public Health Code).
- The bill was passed by the House on December 11, 2024; as of the last recorded actions it has been referred to the Government Operations committee and later to the Joint Committee on Appropriations, with Senate committee action pending.
