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HB 5010

Relating to the financial administration of the State Department of Geology and Mineral Industries; and declaring an emergency.

2025 Regular Session

HB 5010 creates a preponderance-of-evidence defense for Michigan defendants whose crimes were a direct result of trafficking victimization, covering all felonies and misdemeanors.

Chapter 521, (2025 Laws): Effective date July 17, 2025.
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Bill Summary · HB 5010

Summary — HB 5010 (2025)

Purpose

HB 5010 creates an affirmative defense for criminal prosecutions when a defendant’s alleged criminal conduct was the direct result of the defendant being a victim of human trafficking. The bill adds section 21e to Chapter VIII of the Michigan Code of Criminal Procedure (1927 PA 175).

Key provisions

  • Adds a new statutory affirmative defense (Sec. 21e) applicable to prosecutions for any felony or misdemeanor violation of Michigan law.
  • The defense applies when the defendant committed the offense “as a direct result of the defendant being a victim of human trafficking” as defined in Chapter LXVIIA of the Michigan Penal Code (MCL 750.462a to 750.462h).
  • The defendant has the burden of proving the affirmative defense by a preponderance of the evidence (i.e., more likely than not).
  • Effective date: the act takes effect 90 days after enactment into law.

Who is affected

  • Defendants in Michigan criminal cases who assert they were victims of human trafficking and allege their criminal conduct was directly caused by that victimization.
  • Prosecutors and defense attorneys, who will need to litigate and evaluate trafficking-related evidence and causation.
  • Courts, which will adjudicate these affirmative defense claims and apply the preponderance standard.
  • Law enforcement and victim service providers, who may be asked to develop, preserve, or provide evidence/documentation of trafficking and its causal connection to the offense.

Scope and interaction with existing law

  • Applies to all state felony and misdemeanor prosecutions unless another statute explicitly limits applicability; the text references the state penal code definitions for human trafficking (MCL 750.462a–750.462h).
  • As an affirmative defense, a successful showing could lead to acquittal or dismissal on the charged offense, but procedures for post-judgment relief or related collateral consequences are not specified in the bill text.

Legislative status & timeline

  • Introduced: March 13, 2025 (filed); reintroduced/officially introduced Sept 18, 2025 by Rep. Pauline Wendzel with multiple cosponsors.
  • Referred to Committee on Judiciary (read first time Sept 18, 2025).
  • Committee activity recorded earlier in 2025 (public hearings and favorable report to Calendars in April–May 2025).
  • Companion bill: SB 2453.
  • If enacted, it becomes effective 90 days after the governor signs it.

Practical considerations

  • The bill uses a preponderance standard (civil-level) rather than the criminal standard (beyond a reasonable doubt), shifting evidentiary strategy toward proving causation between trafficking and the criminal act.
  • Implementation may require courts to develop guidance on what evidence suffices to establish both trafficking victim status and the causal nexus to the offense.

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

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