Juveniles: criminal procedure; expunction of crimes resulting from being a victim of human trafficking; expand. Amends sec. 18e, ch. XIIA of 1939 PA 288 (MCL 712A.18e).
Impact
By enabling the set aside of these juvenile adjudications, HB 5011 could significantly affect the lives of young adults by allowing them to move on without the burden of a criminal record that could impede their ability to secure jobs, housing, and pursue education. The bill reflects a shift in recognizing that juveniles can make mistakes without it defining their future. This opportunity for expungement can improve public welfare by fostering rehabilitation and reintegration into society.
Summary
House Bill 5011 proposes amendments to the Probate Code of 1939, specifically regarding the process by which individuals who have been adjudicated for juvenile offenses can seek to have those adjudications set aside. The bill allows individuals who have been adjudicated for not more than one felony and up to three misdemeanors to apply for expungement, provided they have no felony convictions. This change aims to support juveniles who might have run afoul of the law under circumstances reflective of their youth and immaturity rather than as a reflection of who they are as adults.
Contention
However, this bill also outlines specific restrictions. Notably, it excludes individuals adjudicated for crimes that would be felonies carrying a life sentence or involve serious offenses like weapon possession or assaultive crimes. As such, there are concerns that the bill may not go far enough to address the complexities of juvenile justice, with some advocates arguing for broader eligibility that includes certain non-violent felony offenses. Additionally, concerns may arise about ensuring that the judicial system can fairly manage the influx of applications without undue delay, which could impact all parties involved, including potential victims and the justice system itself.
Criminal procedure: expunction; criminal convictions that may be set aside on grounds of being a victim of human trafficking; expand. Amends sec. 1 of 1965 PA 213 (MCL 780.621).
Crimes: human trafficking; safe harbor protection for minors who are victims of sex and labor trafficking; modify certain requirements. Amends sec. 451 of 1931 PA 328 (MCL 750.451).
Criminal procedure: defenses; affirmative defense that individual committed a crime because the individual was a victim of human trafficking; establish. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 21e to ch. VIII.
Children: parental rights; grounds for termination of parental rights; include human trafficking violations. Amends sec. 19b, ch. XIIA of 1939 PA 288 (MCL 712A.19b).
Crimes: prostitution; references to prostitute and prostitution; modify in the probate code of 1939. Amends secs. 2, 13a & 18k, ch. XIIA of 1939 PA 288 (MCL 712A.2 et seq.). TIE BAR WITH: HB 5016'25
To Expand The Sealing Of Criminal Records For Victims Of Human Trafficking; To Provide That Victims Of Human Trafficking Have Certain Rights; And To Provide A Mandatory No-contact Order In A Human Trafficking Case.
Criminal procedure: expunction; procedures and eligibility for the expungement of certain records; provide for. Amends secs. 1b, 1c, 1d, 2 & 3 of 1965 PA 213 (MCL 780.621b et seq.) & adds sec. 1j & repeals sec. 4 of 1965 PA 213 (MCL 780.624).
Juveniles: other; presumption of admissibility for a juvenile's self-incriminating responses obtained through deceptive police practices; modify. Amends sec. 1, ch. XIIA of 1939 PA 288 (MCL 712A.1) & adds sec. 17e to ch. XIIA.