HB-4219, As Passed House, March 22, 2017
HOUSE BILL No. 4219
February 15, 2017, Introduced by Rep. Kahle and referred to the Committee on Law and Justice.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 451c (MCL 750.451c), as added by 2014 PA 334.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 451c. (1) This section applies only if the violation
described in subsection (2) was committed as a direct result of the
individual being a victim of a human trafficking violation.
(2) When an individual who has not been convicted previously
of a violation of section 448, 449, 450, or 462 or a local
ordinance substantially corresponding to section 448, 449, 450, or
462 pleads guilty to, or is found guilty of, a violation of section
448, 449, 450, or 462 or a local ordinance substantially
corresponding to section 448, 449, 450, or 462, the court, without
entering a judgment of guilt and with the consent of the accused
and of the prosecuting attorney, may defer further proceedings and
House Bill No. 4219 as amended March 21, 2017
place the accused on probation as provided in this section.
However, before deferring proceedings under this subsection, the
court [shall] shall do all of the following:
(a) Contact the department of state police and determine
whether, according to the records of the department of state
police, the accused has previously been convicted of a violation of
section 448, 449, 450, or 462 or a local ordinance substantially
corresponding to section 448, 449, 450, or 462 or has previously
availed himself or herself of this section.
(b) If the search of the records under subdivision (a) reveals
an arrest for an assaultive crime but no disposition, the court
shall contact the arresting agency and the court that had
jurisdiction over the violation to determine the disposition of
that arrest for purposes of this section.
(c) Determine determine whether the accused has met the
conditions described in subsection (1) as follows:
(a) (i) The accused bears the burden of proving to the court
by a preponderance of the evidence that the violation was a direct
result of his or her being a victim of human trafficking.
(b) (ii) To prove that he or she is a victim of human
trafficking, the accused shall state under oath that he or she
meets the conditions described in subsection (1) with facts
supporting his or her claim that the violation was a direct result
of being a victim of human trafficking.
(3) Upon a violation of a term or condition of probation, the
court may enter an adjudication of guilt and proceed as otherwise
provided in this chapter.
(4) An order of probation entered under subsection (2) may
include any condition of probation authorized under section 3 of
chapter XI of the code of criminal procedure, 1927 PA 175, MCL
771.3, including, but not limited to, requiring the accused to
participate in a mandatory counseling program. The court may order
the accused to pay the reasonable costs of the mandatory counseling
program. The court also may order the accused to participate in a
drug treatment court under chapter 10A of the revised judicature
act of 1961, 1961 PA 236, MCL 600.1060 to 600.1084. The court may
order the defendant to be imprisoned for not more than 93 days at a
time or at intervals, which may be consecutive or nonconsecutive
and within the period of probation, as the court determines.
However, the period of imprisonment shall must not exceed the
maximum period of imprisonment authorized for the offense if the
maximum period is less than 93 days. The court may permit day
parole as authorized under 1962 PA 60, MCL 801.251 to 801.258. The
court may permit a work or school release from jail.
(5) The court shall enter an adjudication of guilt and proceed
as otherwise provided in this chapter if any of the following
circumstances exist:
(a) The accused commits a violation of section 448, 449, 450,
or 462 or a local ordinance substantially corresponding to section
448, 449, 450, or 462 during the period of probation.
(b) The accused violates an order of the court that he or she
receive counseling regarding his or her violent behavior.
(c) The accused violates an order of the court that he or she
have no contact with a named individual.
House Bill No. 4219 as amended March 21, 2017
(6) Upon fulfillment of the terms and conditions, the court
shall discharge the person and dismiss the proceedings against the
person. Discharge and dismissal under this section shall must be
without adjudication of guilt and is not a conviction for purposes
of this section or for purposes of disqualifications or
disabilities imposed by law upon conviction of a crime. [There shall
be only 1 discharge and dismissal under this section with respect
to any individual.]
(7) All court proceedings under this section shall must be
open to the public. Except as provided in subsection (8), if the
record of proceedings as to the defendant is deferred under this
section, the record of proceedings during the period of deferral
shall must be closed to public inspection.
(8) Unless the court enters a judgment of guilt under this
section, the department of state police shall retain a nonpublic
record of the arrest, court proceedings, and disposition of the
criminal charge under this section. However, the nonpublic record
shall must be open to the following individuals and entities for
the purposes noted:
(a) The courts of this state, law enforcement personnel, the
department of corrections, and prosecuting attorneys for use only
in the performance of their duties or to determine whether an
employee of the court, law enforcement agency, department of
corrections, or prosecutor's office has violated his or her
conditions of employment or whether an applicant meets criteria for
employment with the court, law enforcement agency, department of
corrections, or prosecutor's office.
(b) The courts of this state, law enforcement personnel, and
prosecuting Prosecuting attorneys for showing that a defendant in a
criminal action for a violation of section 448, 449, 450, or 462 or
a local ordinance substantially corresponding to section 448, 449,
450, or 462 has already once availed himself or herself of this
section.informing consent under subsection (2).
(c) The department of health and human services for enforcing
child protection laws and vulnerable adult protection laws or
ascertaining the preemployment criminal history of any individual
who will be engaged in the enforcement of child protection laws or
vulnerable adult protection laws.
(9) As used in this section, "human trafficking violation"
means a violation of chapter LXVIIA.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.