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HB 5012

Relating to the financial administration of the Judicial Department; and declaring an emergency.

2025 Regular Session

HB 5012 creates a safe-harbor presumption that minors under 18 prosecuted for prostitution- or trafficking-related offenses were coerced, shifting them toward victim protection and

Chapter 522, (2025 Laws): Effective date July 17, 2025.
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Bill Summary · HB 5012

Summary — HB 5012 (House Bill No. 5012, introduced Sept. 18, 2025)

Purpose

HB 5012 amends MCL 750.451 (part of the Michigan Penal Code) to expand and clarify "safe harbor" protections for minors who are victims of sex and labor trafficking and to modify related criminal penalties and procedural requirements. The bill treats persons under 18 who are charged with prostitution- and trafficking-related offenses primarily as potential victims and strengthens mandatory reporting and child-protection responses.

Key provisions and changes

  • Penalties
    • Baseline: A person convicted under sections 448, 449, 449a(1), 450, or 462 (prostitution-related offenses) is guilty of a misdemeanor punishable by up to 93 days in jail and/or a fine up to $500.
    • One prior conviction (age 16 or older): misdemeanor punishable by up to 1 year in jail and/or up to $1,000 fine.
    • Two or more priors: felony punishable by up to 2 years in prison and/or up to $2,000 fine.
    • Section 449a(2) violations: felony punishable by up to 5 years and/or up to $10,000 fine.
  • Prior-conviction enhancements and proof
    • Prosecutor seeking an enhanced sentence must list prior conviction(s) on the complaint/information.
    • Existence of priors is determined by the court (not a jury) at sentencing or at a separate hearing.
    • Acceptable proof includes judgment copies, transcripts, presentence reports, or the defendant’s statement.
    • "Prior conviction" is defined to include substantially corresponding offenses in other states or subdivisions.
  • Safe-harbor presumption for minors (under 18)
    • In prosecutions of persons under 18 for offenses covered by the section (or similar local ordinances), it is presumed the minor was coerced or forced into the activity by a human trafficker (violations of sections 462a–462h).
    • The prosecution may rebut that presumption only by proving beyond a reasonable doubt that the person was not forced or coerced.
    • The state may petition the court to find the minor dependent and in danger of substantial physical or psychological harm under MCL 712A.2(b)(3) (juvenile-probate code).
    • The bill conditions the presumption on compliance with court-ordered services: the text states a person who fails to “substantially comply” with such services “is not may be eligible” for the presumption (see Notes/Issues).
  • Law enforcement and DHHS reporting/investigation
    • Law enforcement officers who encounter a person under 18 engaging in conduct that would violate the listed sections must immediately report suspected human trafficking of that minor to the Department of Health and Human Services (DHHS), excluding reasonable detention for investigation.
    • DHHS must begin an investigation within 24 hours of the report (consistent with MCL 722.628) and determine whether the minor is dependent and in danger of substantial physical or psychological harm under MCL 712A.2(b)(3).

Who is affected

  • Minors (under 18) accused of prostitution-related offenses — shifted toward a victim-centered approach with a presumption of coercion and access to child-protection proceedings.
  • Prosecutors — new obligations to list priors and to meet a heightened standard to overcome the coercion presumption.
  • Law enforcement and DHHS — mandatory reporting and a strict 24-hour investigation timeline.
  • Defendants with prior convictions — subject to enhanced penalties as defined.

Procedural/timeline aspects

  • Effective date: the act takes effect 90 days after enactment.
  • Legislative status (as provided): introduced Sept. 18, 2025; read and referred to the House Judiciary Committee. (Various prior calendar and committee actions listed in the record.)

Notes / drafting issue

  • The bill text contains an internally inconsistent phrase regarding eligibility for the presumption when a minor “fails to substantially comply with court-ordered services,” reading “is not may be eligible.” The apparent intent is to make failure to comply render the minor ineligible for the presumption, but the language is ambiguous and may require correction or clarification in amendment.

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

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