HUMAN TRAFFICKING & PROSTITUTION; EVIDENCE S.B. 515 (S-1), 516, & 517 (S-1):

SUMMARY OF BILL

REPORTED FROM COMMITTEE

Senate Bills 515 and 517 (Substitute S-1 as reported)

Senate Bill 516 (as reported without amendment)

Sponsor: Senator Rosemary Bayer (S.B. 515)

Senator Sue Shink (S.B. 516)

Senator Stephanie Chang (S.B. 517)

Committee: Civil Rights, Judiciary, and Public Safety

CONTENT

Senate Bill 515 (S-1) would amend Chapter VIII (Trials) of the Code of Criminal Procedure to allow a statement concerning prostitution or human trafficking to be admissible as evidence.

Senate Bill 516 would amend Chapter VIII of the Code of Criminal Procedure to allow evidence of a defendant's prior commission of commercial sexual activity, human trafficking, or prostitution to be admissible for any relevant purpose.

Senate Bill 517 (S-1) would amend Chapter LXVIIA (Human Trafficking) of the Code of Criminal Procedure to prohibit a victim, complainant, or witness necessary for the prosecution from being excused from testifying or complying with an investigation, proceeding, or trial involving human trafficking if evidence would tend to degrade or incriminate the individual. The bill specifies that truthful testimony by the individual generally could not be used against the individual in a criminal case.

MCL 768.27c (S.B. 515)

768.27b (S.B. 516)

750.462g (S.B. 517)

BRIEF RATIONALE

Hearsay is a statement made by an individual outside of a trial or hearing and is generally not admissible as evidence. The Code grants exceptions to the inadmissibility of hearsay in specific instances, such as when the statement concerns an offense of domestic violence. According to testimony, granting a similar exception for a statement concerning an offense of human trafficking would help prosecutors hold human traffickers legally accountable.

PREVIOUS LEGISLATION

(This section does not provide a comprehensive account of previous legislative efforts on this subject matter.)

Senate Bill 515 is a reintroduction of House Bill 4214 and Senate Bill 1015 of the 2021-2022 Legislative Session. Senate Bill 516 is a reintroduction of House Bill 4095 of the 2021-2022 Legislative Session and House Bill 5638 of the 2019-2020 Legislative Session.

Legislative Analyst: Tyler P. VanHuyse

FISCAL IMPACT

The bills would have no fiscal impact on State or local government.

Date Completed: 1-10-24 Fiscal Analyst: Michael Siracuse

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.