Bill Text: MI HB4799 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Crimes; other; coercing female to have an abortion against her will; prohibit, and provide penalties. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 213a.
Spectrum: Partisan Bill (Republican 32-1)
Status: (Introduced - Dead) 2012-12-12 - Laid Over One Day Under The Rules [HB4799 Detail]
Download: Michigan-2011-HB4799-Engrossed.html
HB-4799, As Passed Senate, December 12, 2012
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 4799
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
(MCL 750.1 to 750.568) by adding section 213a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 213a. (1) A person having actual knowledge that a female
individual is pregnant shall not do any of the following with the
intent to coerce her to have an abortion against her will:
(a) Commit, attempt to commit, or threaten to commit any of
the following violations against her or any other person:
(i) A violation of section 411h or section 411i.
(ii) An assaultive crime. As used in this subparagraph,
"assaultive crime" means that term as defined in section 9a of
chapter X of the code of criminal procedure, 1927 PA 175, MCL
770.9a.
(b) After being informed by a pregnant female that she does
not want to obtain an abortion, any of the following:
(i) Discontinue, attempt to discontinue, or threaten to
discontinue support that the person has a legal responsibility to
provide or reduce that support to a level below his or her legal
responsibility.
(ii) Withdraw, attempt to withdraw, or threaten to withdraw
from a contract or agreement or otherwise violate the terms of that
contract or agreement having previously entered into a contract or
other legally binding agreement to which the pregnant female is a
party or beneficiary.
(iii) Discharge or threaten to discharge her from employment.
(2) For purposes of subsection (1)(b), information that a
pregnant female does not want to obtain an abortion includes any
statement or act, including inaction, that would clearly
demonstrate to a reasonable person that she is unwilling to comply
with a request or demand to have an abortion.
(3) A person who violates this section is guilty of a crime as
follows:
(a) For a violation of subsection (1)(a), the person is guilty
of a crime punishable in the same manner as for the underlying
offense committed, attempted, or threatened.
(b) Except as provided in subdivision (c), for a violation of
subsection (1)(b), the person is guilty of a misdemeanor punishable
by a fine of not more than $5,000.00.
(c) If the person is the father or putative father of the
House Bill No. 4799 as amended December 12, 2012
unborn child, the pregnant individual is less than 18 years of age
at the time of the violation, and the person is 18 years of age or
older at the time of the violation, the person is guilty of a
misdemeanor punishable by a fine of not more than $10,000.00.
(4) This section does not prohibit the person from being
charged with, convicted of, or punished for any other violation of
law committed while violating this section.
(5) The court may order a term of imprisonment imposed for
violating this section to be served consecutively to any other term
of imprisonment imposed for a violation of law committed while
violating this section.
(6) As used in this section:
(a) "Course of conduct" means a pattern of conduct composed of
a series of 2 or more separate noncontinuous acts evidencing a
continuity of purpose.
(b) "Threaten" means to make 2 or more statements or to engage
in a course of conduct that would cause a reasonable person to
believe that the individual is likely to act in accordance with the
statements or the course of conduct. Threaten does not include
constitutionally protected speech or any generalized statement
regarding a lawful pregnancy option.
(c) "Unborn child" means a live human being in utero
regardless of his or her gestational stage of development.
Enacting section 1. This amendatory act takes effect <<March
31, 2013.>>
