Bill Text: MI HB5644 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Crimes; abortion; performance of an abortion after detecting heartbeat in an unborn child; prohibit and provide penalties. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 90i. TIE BAR WITH: HB 5643'14

Spectrum: Strong Partisan Bill (Republican 16-1)

Status: (Introduced - Dead) 2014-06-11 - Printed Bill Filed 06/11/2014 [HB5644 Detail]

Download: Michigan-2013-HB5644-Introduced.html

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HOUSE BILL No. 5644

 

June 10, 2014, Introduced by Reps. Hooker, Kurtz, Rendon, Genetski, Heise, Zorn, Lauwers, Johnson, Haveman, Olumba, Potvin, Outman, Yonker, Goike, Muxlow, McMillin and Callton and referred to the Committee on Health Policy.

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

(MCL 750.1 to 750.568) by adding section 90i.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 90i. (1) Except as provided in this section, a physician

 

shall not perform an abortion on a pregnant woman who is carrying a

 

fetus whose heartbeat has been detected in the test required under

 

section 17015b of the public health code, 1978 PA 368, MCL

 

333.17015b.

 

     (2) It is not a violation of subsection (1) if any of the

 

following apply:

 

     (a) In the physician's reasonable medical judgment,

 

performance of an abortion is necessary to save the life of a

 

mother whose life is endangered by a physical disorder, physical

 

illness, or physical injury. A physician who performs an abortion

 

under this subdivision shall declare in writing, under penalty of

 

perjury, that the abortion is necessary in the physician's

 

reasonable medical judgment to prevent the death of the pregnant

 

woman. The physician shall place the written declaration in the

 

pregnant woman's medical record.

 

     (b) The physician has performed an examination for the

 

presence of a fetal heartbeat utilizing standard medical practice

 

and the examination does not reveal a fetal heartbeat.

 

     (c) The physician has been informed by another physician who

 

has performed the examination for a fetal heartbeat that the

 

examination did not reveal a fetal heartbeat.

 

     (3) This section does not prohibit the sale, use,

 

prescription, or administration of a device, drug, or chemical

 

designed for contraceptive purposes.

 

     (4) A person who violates subsection (1) is guilty of a felony

 

punishable by imprisonment for not more than 4 years or a fine of

 

not more than $50,000.00, or both.

 

     (5) This section does not create a right to abortion.

 

     (6) Notwithstanding any other provision of this section, a

 

person shall not perform an abortion that is prohibited by law.

 

     (7) Nothing in this section shall be construed to repeal or

 

amend, explicitly or by implication, any provision of law

 

prohibiting or regulating abortion, including, but not limited to,

 

section 14, 15, 322, or 323.

 

     (8) As used in this section:

 

     (a) "Abortion" means that term as defined in section 17015 of

 

the public health code, 1978 PA 368, MCL 333.17015.

 

     (b) "Physician" means an individual licensed by this state to

 

engage in the practice of medicine or the practice of osteopathic

 

medicine and surgery under article 15 of the public health code,

 

1978 PA 368, MCL 333.16101 to 333.18838.

 

     Enacting section 1. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 5643 (request no.

 

03558'13 *) of the 97th Legislature is enacted into law.