HB 4094 Summary

• Replaces "shall" with "must" in statutory language throughout Section 451 of the Michigan Penal Code regarding crimes related to prostitution and human trafficking.

• Establishes a presumption that persons under 18 years of age engaged in prostitution or commercial sexual activity are victims of human trafficking and were coerced, which prosecutors must overcome by proving beyond a reasonable doubt the minor was not forced or coerced.

• Requires law enforcement officers encountering minors under 18 engaged in conduct that would violate prostitution or related statutes to immediately report suspected human trafficking violations to the Department of Health and Human Services.

• Mandates the Department of Health and Human Services begin an investigation of reported human trafficking violations within 24 hours and determine whether the minor is dependent and in danger of substantial physical or psychological harm.

• Takes effect 90 days after enactment.