HB-5438, As Passed Senate, April 11, 2018
HOUSE BILL No. 5438
January 24, 2018, Introduced by Reps. Cox, Alexander, Marino, Webber, Howell, Kahle, Cochran, Glenn and Canfield and referred to the Committee on Law and Justice.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 462a (MCL 750.462a), as amended by 2014 PA 329.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 462a. As used in this chapter:
(a) "Bodily injury" means any physical injury.
(b) "Coercion" includes, but is not limited to, any of the
following:
(i) Threatening to harm or physically restrain any individual
or the creation of any scheme, plan, or pattern intended to cause
an individual to believe that failure to perform an act would
result in psychological, reputational, or financial harm to, or
physical restraint of, any individual.
(ii) Abusing or threatening abuse of the legal system,
including threats of arrest or deportation without regard to
whether the individual being threatened is subject to arrest or
deportation under the laws of this state or the United States.
(iii) Knowingly destroying, concealing, removing,
confiscating, or possessing any actual or purported passport or
other immigration document or any other actual or purported
government identification document from any individual without
regard to whether the documents are fraudulent or fraudulently
obtained.
(iv) Facilitating or controlling an individual's access to a
controlled substance, as that term is defined in section 7104 of
the public health code, 1978 PA 368, MCL 333.7104, other than for a
legitimate medical purpose.
(c) "Commercial sexual activity" means 1 or more of the
following for which anything of value is given or received by any
person:
(i) An act of sexual penetration or sexual contact as those
terms are defined in section 520a.
(ii) Any conduct prohibited under section 145c.
(iii) Any sexually explicit performance as that term is
defined in section 3 of 1978 PA 33, MCL 722.673.
(d) "Debt bondage" includes, but is not limited to, the status
or condition of a debt arising from a pledge by the debtor of his
or her personal services or those of an individual under his or her
control as a security for a debt, if the value of those services as
reasonably assessed is not applied toward the liquidation of the
debt or the length and nature of those services are not
specifically limited and defined.
(e) "Financial harm" means any of the following:
(i) Conduct prohibited under section 1 of 1968 PA 259, MCL
438.41.
(ii) Extortion.
(iii) Employment contracts that violate 1978 PA 390, MCL
408.471 to 408.490.
(iv) Any other adverse financial consequence.
(f) "Force" includes, but is not limited to, physical violence
or threat of physical violence or actual physical restraint or
confinement or threat of actual physical restraint or confinement
without regard to whether injury occurs.
(g) "Forced labor or services" means labor or services that
are obtained or maintained by force, fraud, or coercion.
(h) "Fraud" includes, but is not limited to, a false or
deceptive offer of employment or marriage.
(i) "Labor" means work of economic or financial value.
(j) "Minor" means an individual under 18 years of age.
(k) "Serious bodily injury" means any physical injury
requiring medical treatment, regardless of whether the victim seeks
medical treatment.
(l) "Services" means an ongoing relationship between a person
and an individual in which the individual performs activities under
the supervision of or for the benefit of the person, including, but
not limited to, commercial sexual activity and sexually explicit
performances.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.