HB 5889 — Summary (Revised School Code — informational notice about sextortion)
Status
- Passed the Michigan House (Dec. 13, 2024) with immediate effect; transmitted to the Senate and referred to the Committee on Government Operations (Dec. 18, 2024). Later referrals include the Joint Committee on Education (Jan. 22, 2025).
- Provision does not take effect unless House Bill 5887 (which creates the related criminal offense) is also enacted.
Purpose / Intent
- Require the Michigan Department of Education (MDE) to develop and distribute an informational notice about the criminal offense created in MCL 750.213b (sexually explicit extortion or “sextortion”) and to ensure schools educate students, staff, and parents about that offense and available resources.
Key provisions
- Adds section 1509 to the Revised School Code (MCL 380.*):
- MDE must provide school districts, intermediate school districts (ISDs), and public school academies (charter schools) a notice that:
- Explains the requirements of the new section;
- Includes a copy of or link to MCL 750.213b (the sextortion statute);
- Provides contact information for the Office of School Safety within the Department of State Police for questions.
- The notice provision contains an explicit civil-liability shield for MDE regarding the notice content.
- Local education agencies (districts, ISDs, PSAs) must provide the notice to:
- School personnel;
- Students in grades 6–12;
- Parents and legal guardians of those students.
- Local boards must implement a policy to educate those groups about MCL 750.213b.
- Boards must hold at least one board meeting each school year to share free educational materials on sextortion from designated federal or national sources (National Center for Missing & Exploited Children, FBI, or Office for Victims of Crime).
- The bill defines “sextortion” for purposes of the section as threats to share a nude or sexual image of a person under 18 to coerce additional sexual content, activity, or money.
Who is affected
- Michigan Department of Education: create and distribute the notice (administrative duty).
- School districts, ISDs, and public school academies: required to distribute the notice, adopt an education policy, and hold an annual board meeting to share materials.
- Students (grades 6–12), school personnel, and parents/guardians: recipients of the notice and education.
- Department of State Police Office of School Safety: listed as a contact for questions.
Fiscal impact
- Expected to cause minimal additional costs (administrative/printing/distribution and modest local staff time). The statutory effect is primarily informational; criminal penalties and larger fiscal impacts depend on enactment of HB 5887, which creates the underlying offense.
