WeVote
Log In

Bill

KB

Bill

HB 5843

Crimes: prostitution; references to prostitute and prostitution; modify in the probate code of 1939. Amends secs. 2, 13a & 18k, ch. XIIA of 1939 PA 288 (MCL 712A.2 et seq.).

2023-2024 Regular Session Introduced by Kelly Breen and 18 co-sponsors

HB 5843 replaces 'prostitution' with 'commercial sexual activity' in the Probate Code, aligning juvenile cases with criminal law and expanding protection for exploited youth.

REFERRED TO COMMITTEE ON GOVERNMENT OPERATIONS
#crimes:prostitution #juveniles:crimes #juveniles:delinquency
0
WeVote Research Nonpartisan
Bill Summary · HB 5843

Summary — HB 5843 (Probate Code amendments concerning commercial sexual activity)

Sponsor: Rep. Angela Witwer
Introduced: June 25, 2024
As passed by the House: December 11, 2024 (Roll Call 56–53; given immediate effect)
Status: Referred to Committee on Government Operations (12/18/2024); referred to Joint Committee on Appropriations (1/22/2025)

Purpose

HB 5843 updates the Probate Code of 1939 (chapter XIIA) to replace references to “prostitute” and “prostitution” with the more broadly defined term “commercial sexual activity” (as defined in the Michigan Penal Code, MCL 750.462a). The amendments align juvenile jurisdiction, dependency, and related probate-code provisions with parallel changes in criminal law that reconceptualize offenses formerly labeled as prostitution.

Key provisions and changes

  • Amends sections 2, 13a, and 18k of chapter XIIA of the Probate Code (MCL 712A.2, 712A.13a, and MCL 712A.18k).
  • Section 2 (jurisdiction): explicitly identifies that a juvenile may be found dependent if the juvenile
    • is alleged to have committed “commercial sexual activity” (see MCL 750.462a), or
    • committed a delinquent act that is the result of force, fraud, coercion, or manipulation by a parent or other adult.
  • Sections 13a and 18k are amended to update terminology and to conform probate-code references to the new criminal-law terminology and definitions (text as passed replaces prior “prostitute/prostitution” language with “commercial sexual activity” wherever applicable).
  • The bill ties the Probate Code to the statutory definition of “commercial sexual activity” adopted elsewhere in the Michigan Penal Code (which encompasses a wide range of conduct and commercialized sexual productions and child sexually abusive material).

Who is affected

  • Juveniles (under 18) who are alleged to have engaged in commercial sexual activity or whose involvement in such activity arises from coercion or exploitation.
  • Probate and juvenile courts (jurisdictional and disposition determinations).
  • Child welfare agencies, prosecutors, defense counsel, and service providers working with exploited or commercially sexually involved youth.
  • This bill functions in tandem with criminal-law changes (a package of related bills) that redefine prostitution offenses.

Procedural/timeline notes

  • Introduced June 25, 2024; reported and advanced through the House in late 2024.
  • House passed the bill on December 11, 2024, with immediate effect; subsequently referred to the Senate Committee on Government Operations on December 18, 2024.
  • Additional executive/appropriations review occurred (referred to Joint Committee on Appropriations on 1/22/2025).

Potential impact and considerations

  • Broadens statutory language used in juvenile dependency and delinquency contexts by importing the expanded definition of “commercial sexual activity.” Depending on companion criminal-law changes, more conduct (and more youth) could be encompassed under juvenile-court jurisdiction or identified as victims of exploitation.
  • Intends to shift emphasis from criminalizing youth involvement to recognizing commercial sexual activity within the framework of dependency and exploitation, particularly where coercion or adult manipulation is involved. Implementation will require coordination among courts, child welfare systems, and law enforcement to apply updated definitions consistently.

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

Sign in to ask a question.