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MI HB5954
Bill
Status
12/28/2018
Primary Sponsor
Bronna Kahle
Click for details
AI Summary
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Amends the child abandonment statute (MCL 750.135) to provide an affirmative defense when a newborn not more than 30 days old is surrendered to an emergency service provider or newborn safety device under the safe delivery of newborns law.
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Prohibits criminal investigation initiation based solely on a newborn being surrendered to an emergency service provider or newborn safety device, except in cases involving actual or suspected child abuse or neglect.
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Excludes mothers who surrender newborns under the Born Alive Infant Protection Act from prosecution, but applies the abandonment statute to attending physicians who deliver live newborns from attempted abortions and fail to comply with that act's requirements.
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Defines key terms including "emergency service provider," "newborn safety device," "hospital," "fire department," and "police station" for purposes of the statute.
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Takes effect 90 days after enactment and is contingent on House Bill No. 5750 of the 99th Legislature being enacted into law.
Legislative Description
Children; protection; reference in Michigan penal code to surrender of a newborn under the newborn safe delivery law; revise. Amends sec. 135 of 1931 PA 328 (MCL 750.135). TIE BAR WITH: HB 5750'18
Crimes: other
Last Action
Vetoed By The Governor 12/27/2018
12/28/2018