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MI HB4833

Bill

Status

Introduced

8/19/2015

Primary Sponsor

Laura Cox

Click for details

Origin

House of Representatives

98th Legislature

AI Summary

  • Renames section 90h of the Michigan Penal Code as the "Partial-Birth Abortion and Dismemberment Abortion Ban Act" and extends the prohibition to include dismemberment abortions in addition to partial-birth abortions.

  • Makes it a felony punishable by up to 2 years imprisonment or a fine of up to $50,000 for physicians, delegated medical personnel, or unauthorized individuals to knowingly perform partial-birth or dismemberment abortions that kill a human fetus.

  • Provides an exception when a physician determines in reasonable medical judgment that the abortion is necessary to save the life of a mother endangered by physical disorder, illness, or injury.

  • Allows the spouse of the mother or parents of a minor mother to file civil actions for violations, with recoverable damages including actual damages for emotional distress and treble damages for the abortion cost, unless the pregnancy resulted from the plaintiff's criminal conduct or had plaintiff consent.

  • Exempts women obtaining abortions from criminal conspiracy liability, defines "dismemberment abortion" as using instruments to detach fetal limbs or decapitate (excluding suction-only methods), and takes effect January 1, 2016, contingent on passage of referenced companion legislation.

Legislative Description

Health; abortion; partial-birth abortion provision; modify to include dismemberment abortion. Amends sec. 90h of 1931 PA 328 (MCL 750.90h).

Health occupations: physicians

Last Action

Referred To Second Reading

11/10/2015

Committee Referrals

Criminal Justice8/19/2015

Full Bill Text

No bill text available