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MI HB5025

Bill

Status

Passed

10/22/2014

Primary Sponsor

Kurt Heise

Click for details

Origin

House of Representatives

97th Legislature

AI Summary

  • Allows a person convicted of prostitution, pandering, or keeping a house of prostitution (MCL 750.448-450) to apply to have the conviction set aside at any time if it resulted directly from being a victim of human trafficking.

  • Permits a person with not more than 1 felony conviction (plus up to 2 minor offenses) to apply for conviction set-aside at least 5 years after sentencing or completion of imprisonment, subject to court discretion based on applicant's circumstances and public welfare.

  • Bars conviction set-asides for felonies with life sentence maximums, certain sexual assault and abuse offenses, and traffic violations; requires a $50 application fee and background check through state police and FBI.

  • Upon successful set-aside, applicant is considered to have no prior conviction for most purposes, but remains subject to sex offender registration if applicable and cannot recover fines or costs paid.

  • Effective date January 14, 2015; contingent on enactment of House Bill 5234.

Legislative Description

Criminal procedure; expunction; victim of human trafficking to set aside certain prostitution convictions; allow under certain circumstances. Amends secs. 1, 2 & 4 of 1965 PA 213 (MCL 780.621 et seq.). TIE BAR WITH: HB 5234'14

Criminal procedure, expunction

Last Action

Assigned Pa 335'14 With Immediate Effect

10/22/2014

Committee Referrals

Families, Seniors And Human Services2/13/2014
Criminal Justice10/1/2013

Full Bill Text

No bill text available