WeVote
Log In

Bill

FB

Bill

HB 5864

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).

2023-2024 Regular Session Introduced by Felicia Brabec and 18 co-sponsors

HB 5864 updates sentencing guidelines to replace “prostitution” with “commercial sexual activity” and align offense categories for related felonies, pending companion bills.

REFERRED TO COMMITTEE ON GOVERNMENT OPERATIONS
#crimes:prostitution #criminalprocedure:other #criminalprocedure:sentencingguidelines
0
WeVote Research Nonpartisan
Bill Summary · HB 5864

Summary — HB 5864 (As passed by the House)

Status: Referred to Committee on Government Operations (House passed Dec. 11, 2024)
Introduced: June 26, 2024 (Rep. Felicia Brabec et al.)
Primary subject: Criminal procedure — sentencing guidelines; crimes related to prostitution/commercial sexual activity

Purpose / Intent

HB 5864 updates Michigan’s sentencing-guidelines statute (chapter XVII, sec. 16w of the Code of Criminal Procedure, MCL 777.16w) to reflect statutory revisions that replace the term “prostitution” with a broader term, “commercial sexual activity,” and to list the chapter 750 felonies involving that conduct for purposes of offense categorization and sentencing.

The bill is part of a package of bills (e.g., HB 5841 and others) that reorganize and expand the definitions and scope of offenses previously labeled as “prostitution.”

Key provisions

  • Revises the list in MCL 777.16w to identify the felonies in chapter 750 that relate to commercial sexual activity and assigns offense categories/class levels used by the sentencing guidelines (examples in the bill include offense provisions derived from: 750.451, 750.452, 750.455–750.459, 750.462f, 750.465a).
  • Replaces descriptive references to “prostitution,” “prostitute,” and “house of prostitution” with the terms “commercial sexual activity,” “person engaged in commercial sexual activity,” and “place for purposes of commercial sexual activity,” respectively, consistent with companion substantive bills.
  • Explicitly lists human-trafficking–related offenses and related provisions (including obtaining a minor, trafficking causing injury or death, and related attempts/conspiracies) among the felonies governed by this sentencing-chapter section.
  • Directs that for violations of MCL 750.462f(3) (attempts, conspiracies, or solicitations to violate human‑trafficking laws), the offense category and prior record variable be determined based on the underlying offense.
  • Effective date language: the bill’s enacting section says it takes effect 90 days after enactment, but also states it does not take effect unless HB 5841 (or a specified Senate bill) is enacted — making its effectiveness contingent on enactment of companion legislation.

Who is affected

  • Defendants convicted of felonies in chapter 750 that relate to prostitution/commercial sexual activity: the sentencing-guideline classification and associated scoring references will use the updated terminology and categories enumerated by this bill.
  • Sentencing courts, prosecutors, defense counsel, and Michigan Department of Corrections operations that rely on the sentencing guidelines and statutory cross-references.
  • The bill is linked to substantive definitional changes in companion bills (which, if enacted, expand or alter the conduct covered).

Procedural / timeline notes

  • Passed by the Michigan House on Dec. 11, 2024 (roll call 56–53) and transmitted. Referred to Committee on Government Operations (later action record shows referral to Joint Comm. on Education on Jan. 22, 2025).
  • The bill’s own enactment is conditioned on the enactment of HB 5841 (or an equivalent Senate bill) per its enacting section; if that companion bill does not become law, HB 5864 will not take effect. If enacted, it becomes effective 90 days after enactment.

Impact overview

HB 5864 does not itself redefine substantive criminal elements but aligns the sentencing-guideline statute with companion bills that broaden and reorganize prostitution-related offenses under the label “commercial sexual activity.” The practical effect is to update offense listings, offense-category assignments, and cross-references used at sentencing for the affected chapter 750 felonies.

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

Sign in to ask a question.