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HB 5028

Crimes: prostitution; penalties for and references to prostitute and prostitution crimes in sentencing guidelines; amend. Amends sec. 16w, ch. XVII of 1927 PA 175 (MCL 777.16w). TIE BAR WITH: HB 5016'25

2025-2026 Regular Session Introduced by Matt Bierlein and 22 co-sponsors

HB 5028 adds prostitution, trafficking offenses to Michigan's sentencing guidelines (Chapter XVII), shaping scores and ranges for offenders; requires tie to HB 5016.

bill electronically reproduced 09/18/2025
#crimes:prostitution #criminalprocedure:other #criminalprocedure:sentencingguidelines
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Bill Summary · HB 5028

Summary — HB 5028 (2025)

Status: Introduced (filed Mar 13, 2025; electronically reproduced Sep 18, 2025). Introduced/first read Sep 18, 2025 by Rep. Matthew Bierlein et al.; referred to the House Committee on Judiciary. Takes effect 90 days after enactment but does not take effect unless HB 5016 of the 103rd Legislature is also enacted (tie-bar).

Purpose / Intent

HB 5028 amends section 16w of chapter XVII of the Code of Criminal Procedure (MCL 777.16w) to expressly include a set of prostitution-, commercial sexual activity-, and human‑trafficking–related felonies (listed in chapter 750 of the Michigan Penal Code) within the offenses governed by the State’s sentencing guidelines. The bill seeks to clarify how those offenses are categorized for guideline scoring and to specify treatment of one particular trafficking provision.

Key provisions

  • Adds a list of prostitution and related offenses from chapter 750 to the offenses covered by Chapter XVII (the sentencing guidelines), including (but not limited to):
    • Prostitution and commercial sexual activity offenses (MCL 750.451 and related subsections)
    • Soliciting minors for prostitution and commercial sexual activity involving minors (various 750.451/750.462f provisions)
    • Keeping a house of prostitution (MCL 750.452), pandering (750.455), placing spouse into prostitution (750.456), accepting earnings (750.457)
    • Transporting, detaining for debt, and selling travel services to facilitate prostitution (750.458–750.459)
    • Human trafficking offenses and gradations of injury/death (MCL 750.462f(1)(a)–(d), (2), (3))
    • Operating audiovisual recording devices in theatrical facilities (MCL 750.465a)
  • Assigns offense categories/priority classes (A–G) and indicates statutory maximums tied to each listed offense in the bill’s table (e.g., the most serious trafficking offenses are placed in the highest classes, including life for the worst outcomes).
  • Specifies that for violations of MCL 750.462f(3) (obtaining a person for commercial sexual activity or forced labor/services), the offense category, offense variable level, and prior record variable level are to be determined based on the underlying offense.

Who is affected

  • Defendants charged with the listed prostitution, commercial sexual activity, and human‑trafficking offenses — their sentencing ranges and guideline scoring will be governed explicitly by Chapter XVII.
  • Judges, prosecutors, defense attorneys, and probation/parole authorities, because guideline calculations and recommended ranges will apply to these offenses.
  • Criminal justice system (corrections, sentencing data/statistics) and victims, as sentencing consistency or severity could be altered.

Procedural / timing notes

  • Effective date: 90 days after enactment into law.
  • Contingency: The act will not take effect unless HB 5016 is also enacted (tie-bar).
  • Current status: Introduced and referred to committee; pending committee consideration.

Compiled from official sources — confirm details with the bill’s official record.

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