By Liz Nass
Gongwer News Service
A House committee heard from both survivors and law enforcement experts on bills that would expand protections for trafficking victims on Wednesday.
The House Judiciary Committee took up HB 5009, HB 5010, HB 5011, HB 5012 and HB 5013, legislation that has the backing of Attorney General Dana Nessel, who recently called for swift passage of both the House bills and complementary Senate bills.
At one of Nessel’s roundtables this month, she implored someone to remind Chair Rep. Sarah Lightner, R-Springport, that those bills were stuck in her committee.
The Senate bills are awaiting a vote on the floor, with Sen. Stephanie Chang, D-Detroit, hoping for a vote this month.
HB 5009 and HB 5010 would expand the criminal convictions that could be set aside for someone coerced by a trafficker. Under restrictions in current law, the offenses are mostly limited to prostitution, but the bills would allow any conviction that does not include a life sentence to be set aside. HB 5011 would expand expungements for juvenile human trafficking victims.
HB 5012 would require the state to petition the court to find minors to be dependent and in danger of harm in trafficking violations. HB 5013 would require expanded qualifications for expert testimony on human trafficking’s effects on a victim, including a specialized knowledge in the witness’ experiences.
Rep. Kelly Breen, D-Novi, sponsor of HB 5009, said Michigan is a hotbed for human trafficking because of its international border, major highways and large agriculture industry in terms of labor trafficking.
She said the changes in adding a defense for victims to claim they were coerced into these crimes would encourage more victims to testify without fear of being punished themselves, putting more traffickers in jail than victims who were forced to commit crimes.
“These bills modernize statutes, streamline court processes and reinforce protections for survivors. This package reflects our shared commitment to justice and rehabilitation or punishment for those exploited,” said Rep. Carol Glanville, D-Walker, sponsor of HB 5011.
Cindy Brown, head of the trafficking unit for the Oakland County Prosecutor’s Office, said her office can only prosecute a small number of traffickers due to lack of witnesses. But, when they do, they also have to “pick up the pieces” of the affected victims in the aftermath. In some cases, this included handing down gun and drug possession charges and incarcerating victims after facing the trauma of trafficking.
Leslie King, a trafficking victim in Grand Rapids, told her story of being first exploited at the age of 15. She said her fear of her pimp was worse than her fear of the police, and she committed crimes on behalf of her trafficker because she was told the people she loved would be hurt if she refused to comply.
King was in and out of jail for the rest of her youth but has been drug free for 24 years. However, she still couldn’t live without the “ball and chain” of her convictions, with no chance of expungement because of how many charges she had racked up.
Her turning point was Gov. Gretchen Whitmer offering her a pardon in 2023, claiming that was the moment she was finally free.
These bills are just a step to freeing others who went through the same experience as her, King said.
“We fight hard daily just to stay clean,” King said. “We fight hard daily just to become productive and can’t get jobs because of our background history. And people want to know, why? These women don’t need to keep reliving that pain while traffickers go free. They go free, but we’re not free. We’ll never be free.”
Lightner brought up a few worries with the bills including if it was necessary to add another defense that could be answered under an “under duress” defense that exists. Brown said the bills would add another tool in the defense’s toolbox, and Breen said many times, the victim may not look under duress to a jury and could harm the defense overall.
Lightner also worried about the lack of cap on the crimes that could be expunged. Breen said they may be looking at an amendment on which crimes fall under the expansions.
Gongwer News Service
A House committee heard from both survivors and law enforcement experts on bills that would expand protections for trafficking victims on Wednesday.
The House Judiciary Committee took up HB 5009, HB 5010, HB 5011, HB 5012 and HB 5013, legislation that has the backing of Attorney General Dana Nessel, who recently called for swift passage of both the House bills and complementary Senate bills.
At one of Nessel’s roundtables this month, she implored someone to remind Chair Rep. Sarah Lightner, R-Springport, that those bills were stuck in her committee.
The Senate bills are awaiting a vote on the floor, with Sen. Stephanie Chang, D-Detroit, hoping for a vote this month.
HB 5009 and HB 5010 would expand the criminal convictions that could be set aside for someone coerced by a trafficker. Under restrictions in current law, the offenses are mostly limited to prostitution, but the bills would allow any conviction that does not include a life sentence to be set aside. HB 5011 would expand expungements for juvenile human trafficking victims.
HB 5012 would require the state to petition the court to find minors to be dependent and in danger of harm in trafficking violations. HB 5013 would require expanded qualifications for expert testimony on human trafficking’s effects on a victim, including a specialized knowledge in the witness’ experiences.
Rep. Kelly Breen, D-Novi, sponsor of HB 5009, said Michigan is a hotbed for human trafficking because of its international border, major highways and large agriculture industry in terms of labor trafficking.
She said the changes in adding a defense for victims to claim they were coerced into these crimes would encourage more victims to testify without fear of being punished themselves, putting more traffickers in jail than victims who were forced to commit crimes.
“These bills modernize statutes, streamline court processes and reinforce protections for survivors. This package reflects our shared commitment to justice and rehabilitation or punishment for those exploited,” said Rep. Carol Glanville, D-Walker, sponsor of HB 5011.
Cindy Brown, head of the trafficking unit for the Oakland County Prosecutor’s Office, said her office can only prosecute a small number of traffickers due to lack of witnesses. But, when they do, they also have to “pick up the pieces” of the affected victims in the aftermath. In some cases, this included handing down gun and drug possession charges and incarcerating victims after facing the trauma of trafficking.
Leslie King, a trafficking victim in Grand Rapids, told her story of being first exploited at the age of 15. She said her fear of her pimp was worse than her fear of the police, and she committed crimes on behalf of her trafficker because she was told the people she loved would be hurt if she refused to comply.
King was in and out of jail for the rest of her youth but has been drug free for 24 years. However, she still couldn’t live without the “ball and chain” of her convictions, with no chance of expungement because of how many charges she had racked up.
Her turning point was Gov. Gretchen Whitmer offering her a pardon in 2023, claiming that was the moment she was finally free.
These bills are just a step to freeing others who went through the same experience as her, King said.
“We fight hard daily just to stay clean,” King said. “We fight hard daily just to become productive and can’t get jobs because of our background history. And people want to know, why? These women don’t need to keep reliving that pain while traffickers go free. They go free, but we’re not free. We’ll never be free.”
Lightner brought up a few worries with the bills including if it was necessary to add another defense that could be answered under an “under duress” defense that exists. Brown said the bills would add another tool in the defense’s toolbox, and Breen said many times, the victim may not look under duress to a jury and could harm the defense overall.
Lightner also worried about the lack of cap on the crimes that could be expunged. Breen said they may be looking at an amendment on which crimes fall under the expansions.
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