Committee: Criminal Law and Corrections

Complete to 8-28-00

A SUMMARY OF HOUSE BILLS 5621 AND 5622 AS INTRODUCED 4-13-00

House Bill 5621 would amend the Michigan Penal Code (MCL 750.136c) to prohibit the purchase or sale of any individual. More specifically, it would be a felony to transfer or attempt to transfer legal or physical custody of another person for money or other valuable consideration, except as otherwise permitted by law. The bill would also prohibit acquiring or attempting to acquire legal or physical custody of another person by payment of money or other valuable consideration, except as otherwise provided by law. These provisions would apply to any parent, guardian, to other person who cared for, had custody of, or had authority over the person, regardless of the length of that relationship. Violation of the bill's provisions would be punishable by imprisonment for up to 20 years and/or a fine of up to $100,000.

House Bill 5622 would amend the Code of Criminal Procedure's (MCL 777.16g) statutory sentencing guidelines to include the purchase or sale of another person. The crime would be a class B crime against a person with a 20 year statutory maximum. The bill would not take effect unless House Bill 5621 were also enacted.

Analyst: W. Flory

This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.