Summary — HB 5839 (Safe harbor protections for minors who are victims of sex and labor trafficking)
Status & key dates
- Introduced: June 25, 2024 (Rep. Reggie Miller, et al.).
- Passed House: December 11, 2024 (given immediate effect by House vote).
- Referred: Committee on Government Operations (12/18/2024); referred to Joint Committee on Appropriations (1/22/2025).
- Effective date (if enacted): 90 days after enactment.
- Statutory change: amends section 451 of the Michigan Penal Code (MCL 750.451).
Purpose
- Strengthen and clarify “safe harbor” protections for minors (persons under 18) who engage in sex- or labor-trafficking‑related conduct by (1) creating/confirming a presumption that such minors were coerced or forced into the conduct by traffickers, (2) requiring certain procedural steps to be taken before prosecution proceeds, and (3) mandating reporting and prompt DHHS investigation of suspected trafficking involving minors.
Major provisions
1. Criminal penalties preserved and clarified
- Reiterates penalties for offenses under sections 448, 449, 449a(1), 450, and 462:
- Basic offense: misdemeanor — up to 93 days or fine up to $500 (or both).
- With one prior conviction (and age 16+): misdemeanor — up to 1 year or fine up to $1,000 (or both).
- With two or more prior convictions: felony — up to 2 years or fine up to $2,000 (or both).
- Section 449a(2): felony — up to 5 years or fine up to $10,000 (or both).
- Requires prosecutors to list prior convictions on charging documents when seeking enhanced sentencing; courts (not juries) determine existence of priors.
Mandatory presumption of coercion for minors (safe harbor)
- For prosecutions of persons under 18 for these offenses, it “shall must” be presumed the minor was coerced, forced, or otherwise a victim of human trafficking (sections 462a–462h).
- The prosecution may overcome this presumption only by proving beyond a reasonable doubt that the minor was not coerced or forced.
Mandatory child‑protection step
- The state must petition the court to find the minor “dependent and in danger of substantial physical or psychological harm” under the Probate Code (MCL 712A.2(b)(3)) before overcoming the presumption.
- DHHS reporting and investigation requirements:
- Law enforcement encountering a person under 18 engaging in conduct that would be a listed offense (if done by someone 16+) must immediately report suspected trafficking to DHHS.
- DHHS must begin an investigation within 24 hours and determine dependency/danger status.
Eligibility despite past non‑compliance
- The bill removes an absolute bar that denied the presumption when a minor had failed to substantially comply with court‑ordered services; it allows prospective eligibility for the presumption in such cases.
Who is affected
- Minors (under 18) charged with prostitution- or trafficking-related conduct in Michigan, their defense counsel, prosecutors, courts, law enforcement agencies, and the Department of Health and Human Services (DHHS). Indirectly affects victims of trafficking and juvenile‑justice diversion practices.
Potential impact
- Increases procedural protections and diversion to child‑protection processes for suspected trafficking victims under 18. Makes DHHS involvement and a court dependency finding a required step in prosecutions seeking to rebut the trafficking/ coercion presumption. Could reduce criminal convictions for trafficked minors and shift cases into the juvenile/protection system. Also clarifies reporting and 24‑hour investigation timelines for DHHS.
Statutory references
- MCL 750.451 (amended section), related references to MCL 462a–462h (human trafficking) and MCL 712A.2 (probate/juvenile dependency).
