HUMAN TRAFFICKING VIOLATIONS S.B. 520 - 524:

SUMMARY OF INTRODUCED BILL

IN COMMITTEE

Senate Bills 520 through 524 (as introduced 9-4-25)

Sponsor: Senator John N. Damoose (S.B. 520 & 521)

Senator Rosemary Bayer (S.B. 522)

Senator Stephanie Chang (S.B. 523)

Senator Michael Webber (S.B. 524)

Committee: Civil Rights, Judiciary, and Public Safety

Date Completed: 10-22-25

CONTENT

Senate Bill 520 would amend Chapter LXVIIA (Human Trafficking) of the Michigan Penal Code to increase criminal penalties for violating prohibitions against human trafficking. Specifically, the bill would make a human trafficking violation involving a minor or involving kidnapping, criminal sexual conduct, or death a felony punishable by up to life imprisonment and a maximum fine of $50,000. All other human trafficking violations would be punishable by up to 20 years' imprisonment and a maximum fine of $20,000.

Senate Bill 522 would amend the juvenile Code to allow a court to terminate a parent's parental rights over a child if the parent abused the child in a manner that involved human trafficking, the parent had a history of abusing another child in a manner that involved human trafficking, or the parent was convicted of a human trafficking violation.

Senate Bill 523 would amend the Child Protection Law to require the Department of Health and Human Services (DHHS) to petition a court to exercise its authority over a child if the DHHS found that abuse involving human trafficking could occur to the child based on previous history or had occurred to the child.

Senate Bill 524 would amend Chapter LXVII (Prostitution) of the Michigan Penal Code to do the following:

-- Increase, from 16 years old to 18 years old, the age of a person who could be guilty of misdemeanor or felony penalties for facilitating prostitution.

-- Increase maximum terms of imprisonment and fines for misdemeanor and felony penalties for facilitating prostitution.

-- Allow a person guilty of facilitating prostitution but who had no previous convictions for such to be placed on probation and require the person to participate in a mandatory human trafficking awareness program.

Senate Bill 521 would modify sentencing guidelines in the Code of Criminal Procedure to reflect changes proposed by Senate Bills 520 and 524.

Senate Bill 521 is tie-barred to Senate Bills 520 and 524. Senate Bill 520 and Senate Bill 524 would each take effect 90 days after its enactment.

Senate Bill 520

Chapter LXVIIA of the Michigan Penal Code prohibits a person from knowingly recruiting, harboring, or obtaining an individual for forced labor or services, for holding in debt bondage, and for financial or other benefit from participation in an enterprise that engaged in such prohibited activity.¹ Chapter LXVIIA prescribes the following criminal penalties for violating these prohibitions:

-- Except as provided below, a felony punishable by up to 10 years' imprisonment or a maximum of $10,000, or both.

-- If the violation results in bodily injury to an individual or results in an individual being engaged in commercial sexual activity, a felony punishable by up to 15 years' imprisonment or a maximum fine of $15,000, or both.

-- If the violation results in serious bodily injury to an individual, a felony punishable by up to 20 years' imprisonment or a maximum fine of $20,000, or both.

-- If the violation involves kidnapping or attempted kidnapping, criminal sexual conduct in the first degree or attempted criminal sexual conduct in the first degree, or an attempt to kill or the death of an individual, a felony punishable by imprisonment for life or any term of years or a maximum fine of $50,000, or both.

Instead, under the bill, a violation of Chapter LXVIIA's prohibitions described above would result in the following criminal penalties:

-- Except as provided below, a felony punishable by up to 20 years' imprisonment and a maximum fine of $20,000.

-- If the violation involved kidnapping or attempted kidnapping, criminal sexual conduct in the first degree or attempted criminal sexual conduct in the first degree, or an attempt to kill or the death of an individual, a felony punishable by imprisonment for life or any term of years and a maximum fine of $50,000.

Additionally, Chapter LXVIIA prohibits a person from recruiting, harboring, providing, or obtaining by any means a minor for commercial sexual activity or for forced labor or services. Currently, a person who violates this prohibition is guilty of a felony punishable by up to 20 years' imprisonment or a maximum fine of $20,000, or both. Instead, under the bill, a person who violated this prohibition would be guilty of a felony punishable by imprisonment for life or any term of years and a maximum fine of $50,000.

Senate Bill 522

Among other things, the juvenile Code prescribes the circumstances under which parental rights of a child may be terminated. If a child remains in foster care in temporary court custody or in the custody of a guardian, upon a prosecuting attorney's petition a court must hold a hearing to determine if parental rights of a child should be terminated and the child should be placed in permanent custody of the court.

Among other circumstances, parental rights may be terminated if 1) a parent abused the child or child's sibling in any manner described in the list below and there was a reasonable likelihood that the child will be harmed if returned to the care of the parent or 2) if the parent's rights to another child were voluntarily terminated following court-initiated proceedings that involved abuse in any manner described in the list below and the parent has failed to rectify the conditions that led to the prior termination:

-- Abandonment of a young child.

-- Criminal sexual conduct involving penetration.

-- Battering, torture, or severe physical abuse.

-- Loss or serious impairment of an organ or limb.

-- Life-threatening injury.

-- Murder or attempted murder.

-- Voluntary manslaughter.

-- Aiding, committing, or attempting to commit murder or voluntary manslaughter.

-- Sexual abuse.

The bill would add to the above list of circumstances that may warrant the termination of parental rights abuse that included human trafficking as defined in Section 2 of the Human Trafficking Commission Act. (Generally, Section 2 of the Human Trafficking Commission Act defines "human trafficking" as a violation of Chapter LXVIIA of the Michigan Penal Code. These violations are described above in the summary for Senate Bill 520.)

The juvenile Code also allows parental rights to be terminated if the parent is convicted of criminal violations that generally involve female genital mutilation, murder, criminal sexual conduct, or repeated offenses that include as an element the use of force or the threat of force, and the court determines that termination is in the child's best interest. The bill also would allow parental rights to be terminated for a conviction of human trafficking violations.

Senate Bill 523

The Child Protection Law requires the DHHS to petition for a court to exercise its authority over a child if the DHHS determines that a parent, guardian, custodian, or adult residing in the child's home has abused the child or the child's sibling in a manner involving any of the following:

-- Abandonment of a young child.

-- Criminal sexual conduct involving penetration.

-- Battering, torture, or severe physical abuse.

-- Loss or serious impairment of an organ or limb.

-- Life-threatening injury.

-- Murder or attempted murder.

The bill would add abuse in a manner involving human trafficking to the list above.

Additionally, the Law requires the DHHS to petition a court to exercise its authority over a child if the DHHS determines that there is a risk of harm, abuse, or neglect, the parent's rights to another child were voluntary terminated following court-initiated proceedings that involved abuse in any manner described in the list below, and the parent has failed to rectify the conditions that led to the prior termination:

-- Abandonment of a young child.

-- Criminal sexual conduct involving penetration.

-- Battering, torture, or severe physical abuse.

-- Loss or serious impairment of an organ or limb.

-- Life-threatening injury.

-- Murder or attempted murder.

-- Voluntary manslaughter.

-- Aiding, committing, or attempting to commit murder or voluntary manslaughter.

The bill would add abuse that involved human trafficking to the list above.

The Code requires the DHHS to include in the above petition to a court a request for termination of parental rights at the initial dispositional hearing if the parent is a suspected perpetrator or is suspected of placing the child at an unreasonable risk of harm due to the parent's failure to take steps to intervene and eliminate the risk.

Senate Bill 524

Prohibitions Against Facilitating Prostitution

Among other things, the Michigan Penal Code criminalizes any person who facilitates prostitution. Specifically, the following are guilty of a misdemeanor or felony penalties prescribed by Section 451, which is described under Penalties for Convictions of Facilitating Prostitution:

-- A person 16 years of age or older who accosts, solicits, or invites another person in a public place or in or from a building or vehicle, by word, gesture, or any other means, to commit prostitution or to do any other lewd or immoral act.

-- A person 16 years of age or older who receives or admits or offers to receive or admit a person into a place, structure, house, building, or vehicle for the purpose of prostitution, lewdness, or assignation, or who knowingly permits a person to remain in a place, structure, house, building, or vehicle for the purpose of such.

-- A person 16 years of age or older who aids, assists, or abets another person to commit or offer to commit an act described above.

-- A person who engages or offers to engage the services of another person for the purpose of prostitution, lewdness, or assignation, by the payment in money or other forms of consideration.

-- A person who, for a purpose other than prostitution, takes or conveys to, or employs, receives, detains, or allows a person 16 years of age or less to remain in, a house of prostitution, house of ill-fame, bawdy-house, house of assignation, or any house or place for the resort of prostitutes or other disorderly persons.

The bill would raise, from 16 years old to 18 years old, the age of a person described above.

Penalties for Convictions of Facilitating Prostitution

Currently, Section 451 of the Code prescribes the misdemeanor and felony punishments listed in Table 1 for a person convicted of an act described above. The bill would increase these punishments as described in Table 1.

	Type of Penalty	Current Maximum Imprisonment	Proposed Maximum Imprisonment	Current Maximum Fine	Proposed Maximum Fine
A first conviction of facilitating prostitution	Misdemeanor	93 days	93 days	$500	$1,000
A second conviction of facilitating prostitution	Misdemeanor	One year	One year	$1,000	$2,000
A third or subsequent conviction of facilitating prostitution	Felony	Two years	Five years	$2,000	$4,000

Additionally, the Code criminalizes and Section 451 prescribes a felony penalty for a person who engages or offers to engage the services of another person, who is less than 18 years of age and who is not his or her spouse, for the purpose of prostitution, lewdness, or assignation, by the payment in money or other forms of consideration. Section 451 prescribes a felony punishable by up to five years' imprisonment and a maximum fine of $10,000, or both. The bill would increase the maximum imprisonment to 20 years and the maximum fine to $100,000.

Currently, for purposes of subsequent convictions described in Table 1, "prior conviction" means a violation of the prohibitions under Prohibitions Against Facilitating Prostitution or a violation of a law of another state or political subdivision of the State or another state that corresponds to such a violation. Under the bill, term also would include a violation of a prohibition under Chapter LXVIIA of the Michigan Penal Code, which is described under Senate Bill 520.

Finally, the Code prescribes a misdemeanor penalty punishable by up to six months' imprisonment or a maximum fine of $750 for a person who rents a dwelling knowing that the lessee intends to use it to facilitate prostitution and lewdness or for purposes of gambling. The bill would instead prescribe a penalty described in Table 1 for such a violation.

Allowance for Probationary Placement

Under the bill, for a person who had not been convicted previously of a violation of the prohibitions described under Prohibitions Against Facilitating Prostitution or under any statute of the United States or any state substantially corresponding to these State laws and who pleaded guilty to or was found guilty of such a violation, the court could defer further proceedings and place the defendant on probation with lawful terms and conditions without entering a judgement of guilt and with the consent of the prosecuting attorney. An order of probation would have to require the accused to participate in a mandatory human trafficking awareness program. The court could order the accused to pay the reasonable costs of the mandatory human trafficking awareness program. The terms and conditions of probation also could include participation in a drug treatment court under Chapter 10A of the Revised Judicature Act.

Upon a violation of a term or condition of probation, the court could enter an adjudication of guilt and proceed as otherwise provided. Upon fulfillment of the terms and conditions of probation, the court would have to discharge from probation and dismiss the proceedings against the defendant. Discharge and dismissal would have to be without adjudication of guilt and would not be a conviction for purposes of disqualifications or disabilities imposed by law upon conviction of a crime, including any additional penalties imposed for second or subsequent convictions. An individual could receive only one discharge and dismissal.

MCL 750.462f (S.B. 520); 777.16w (S.B. 521) Legislative Analyst: Tyler VanHuyse

712A.19b (S.B. 522); 722.638 (S.B. 523); 750.448 et al. (S.B. 524)

FISCAL IMPACT

Senate Bills 520 & 524

The bills would have an indeterminate, but likely negative fiscal impact on the State and a positive fiscal impact on local governments. The bill could result in additional costs for the State because of longer prison sentences. For any increase in new prison sentences, the average additional annual cost of housing a prisoner in a State correctional facility is an estimated $50,100. Per diem rates range from $106 to $328 per day (average per diem is $135), depending on the security level of the facility. The bill also would increase the

[1] "Enterprise" includes an individual, sole proprietorship, partnership, corporation, limited liability company, trust, union, association, governmental unit, or other legal entity or a group of persons associated in fact although not a legal entity. Enterprise includes illicit as well as licit enterprises. Additionally, "person" means an individual, sole proprietorship, partnership, cooperative, association, corporation, limited liability company, personal representative, receiver, trustee, assignee, or other legal or illegal entity.