Bill Text: MI HB4096 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Criminal procedure: trial; qualifications of expert witnesses in human trafficking cases; modify. Amends sec. 462g of 1931 PA 328 (MCL 750.462g).
Spectrum: Slight Partisan Bill (Democrat 14-9)
Status: (Introduced - Dead) 2021-02-04 - Bill Electronically Reproduced 02/03/2021 [HB4096 Detail]
Download: Michigan-2021-HB4096-Introduced.html
HOUSE BILL NO. 4096
February 03, 2021, Introduced by Reps. Hammoud,
Whitsett, Glenn, Whiteford, Calley, Brabec, Kahle, Rendon, Paquette,
Bollin, Wozniak, Lasinski, Clemente, Camilleri, Hope, Anthony, Thanedar,
Puri, Stone, Bolden, Allor, Jones and Yancey and referred to the Committee
on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 462g (MCL 750.462g), as amended by 2017 PA 53.
the people of the state of michigan enact:
Sec. 462g. (1)
The testimony of a victim is not required in a prosecution under this chapter.
However, if a victim testifies, that testimony need not be corroborated.
(2) Expert testimony as to the
behavioral patterns of human trafficking victims and the manner in which a
human trafficking victim's behavior may deviate from societal expectations is
admissible as evidence in court in a prosecution under this chapter if the
expert testimony is otherwise admissible under the rules of evidence and laws of
this state.In a prosecution under this
chapter, a witness may be qualified by the court as an expert if the witness
has specialized knowledge beyond that possessed by the average layperson based
on the witness' experience with, or specialized training or education in,
criminal justice, behavioral sciences, or victim services issues related to
human trafficking that will assist the trier of fact in understanding the
dynamics of human trafficking, victim response to human trafficking, and the
impact of human trafficking on victims during and after victimization.
(3) If qualified as an expert under subsection (2), a witness may testify to the facts of the matter and provide his or her opinion regarding specific types of victim responses and victim behaviors.
(4) The opinion of a witness who has been qualified under subsection (2) regarding the credibility of any other witness, including the victim, is not admissible.
(5) A witness who has been qualified under subsection (2) may be called to testify as an expert as provided in this section by either the prosecution or the defense.
