Michigan Capitol | Susan J. Demas
Legislation to change legal wording in Michigan law that labels human trafficking victims as “prostitutes” and offer survivors legal protections and record expungement opportunities from crimes they may have committed while being trafficked, cleared the Michigan House Wednesday night, but not without resistance.
The bills are “grandstanding” Rep. Bryan Posthumus (R-Rockford) said, and wouldn’t have “that big of an impact on actual people’s lives” arguing that Michigan House Republicans, which will take over the majority in January, can make a better human trafficking package and introduce it in the first month of session.
“We want to actually have an impact,” Posthumus said. “The language isn’t well-written.”
But it’s too bad Republicans feel that way because these were their bills, State Rep. Matt Koleszar (D-Plymouth) said after the session.
“…many of these bills are identical to prior sessions bills so clearly the Republicans want to message on human trafficking, while Democrats actually want to help the victims of human trafficking,” Koleszar said.
Koleszar’s bill, House Bill 5837 has near identical language to a bill introduced under the Republican-led legislature in 2021 by current Rep. Graham Filler (R-St. Johns) who voted against Koleszar’s bill.
House Bill 5837 would offer the opportunity for survivors of human trafficking to have an affirmative defense against prosecution for criminal conduct performed as a direct result of being trafficked. The bulk of such criminal conduct currently is retail fraud, Rep Kelly Breen (D-Novi) said after the House session.
There were three other House Republicans currently serving that were sponsors on the bill in 2021, Reps Brad Paquette (R-Niles), Ann Bollin (R-Brighton) and Doug Wozniak (R-Shelby Twp.), who all voted against Koleszar’s bill.
Democrats are grasping at straws, Rep. Jay DeBoyer (R-Clay) said after the session, looking for “buzz words” so they can say Republicans voted against protecting victims of human trafficking. The package was lengthy, with bill language being given to Republicans with little notice on a day where more than 100 bills were on the agenda, DeBoyer said.
“It’s the worst organization structure I’ve ever seen,” DeBoyer said, joining a symphony of other House Republicans slamming Democrats for rushing through bills at the end of the year. “Let me read these bills. I still haven’t read these bills…I’ll get to the bills. I’ll read them, and we will absolutely have suggestions and I’m going to tell you in 30 days, we’re going to come with suggestions that will improve the bills.”
House Bill 5840, particularly received more bipartisan support than many other of the trafficking bills with a 61-48. The bill which expands who can be an expert witness in human trafficking cases has near identical language to a bill from 2021, with Reps Paquette, Bollin and Wozniak who sponsored the 2021 version of the bill, voting against Democrats’ version.
The bulk of the package, House Bills 5841 through 5847, 5849 through 5854 and House Bill 5864, which cleared the House, would replace references of prostitution in Michigan law, which victims of human trafficking currently fall under, to “commercial sex.” Survivors of human trafficking testified last month in the House Judiciary Committee that the law labeling victims of human trafficking as prostitutes, further promulgates the power of abusers to exert violence, shame and isolation on their victims.
“This shift in language is not just about vocabulary. It is about seeing survivors for who they are, victims of abuse who deserve understanding and compassion,” Robin Bolz, a survivor of human trafficking told the committee. “By changing this language, we recognize that survivors are not criminals, nor are they sex workers. Survivors have endured sex slavery, a term that reflects the lack of control and exploitation that they suffer, and if we want to offer a path to healing, we must first remove the language that keeps them chained to their trauma.”
Survivors testify in support of sweeping human trafficking reform legislation in Michigan
With future victims of human trafficking potentially being offered new opportunities to defend themselves against prosecution, House Bills 5836 and 5838, would expand rules for expunging a person’s criminal record if previous convictions were a direct result of being a victim of human trafficking.
Michigan is one of the top ten states for confirmed human trafficking cases, Assistant Attorney General and Michigan Human Trafficking Commission Chair Melissa Palepu told the House Judiciary Committee in November. Action is needed as Michigan also is regarded as one of the worst states in the nation at combating sex trafficking.
Fighting against human trafficking ought to be an indisputable joint effort Democrats and Republicans can work together on, Breen said after session, adding that she hopes next year the chamber can bring forth legislation to help victims of sex trafficking and labor trafficking.
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