Bill Text: MI HB4109 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Health; abortion; partial-birth abortions; prohibit. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 90h.
Spectrum: Strong Partisan Bill (Republican 46-4)
Status: (Introduced - Dead) 2011-11-08 - Referred To Committee On Judiciary [HB4109 Detail]
Download: Michigan-2011-HB4109-Engrossed.html
HB-4109, As Passed House, September 21, 2011
SUBSTITUTE FOR
HOUSE BILL NO. 4109
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
(MCL 750.1 to 750.568) by adding section 90h.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 90h. (1) This section shall be known and may be cited as
the "partial-birth abortion ban act".
(2) Except as provided in subsection (3), a physician, an
individual performing an act, task, or function under the
delegatory authority of a physician, or any other individual who is
not a physician or not otherwise legally authorized to perform an
abortion who knowingly performs a partial-birth abortion and kills
a human fetus is guilty of a felony punishable by imprisonment for
not more than 2 years or a fine of not more than $50,000.00, or
both.
(3) It is not a violation of subsection (2) if in the
physician's reasonable medical judgment a partial-birth abortion is
necessary to save the life of a mother whose life is endangered by
a physical disorder, physical illness, or physical injury.
(4) The spouse of the mother at the time of the partial-birth
abortion or either parent of the mother if the mother had not
attained the age of 18 at the time of the partial-birth abortion
may file a civil action against the physician or individual
described in subsection (2) for a violation of this section unless
the pregnancy is a result of the plaintiff's criminal conduct or
the plaintiff consented to the partial-birth abortion. A plaintiff
who prevails in a civil action brought under this section may
recover both of the following:
(a) Actual damages, including damages for emotional distress.
(b) Treble damages for the cost of the partial-birth abortion.
(5) A woman who obtains or seeks to obtain a partial-birth
abortion is not a conspirator to commit a violation of this
section.
(6) As used in this section:
(a) "Partial-birth abortion" means an abortion in which the
physician, an individual acting under the delegatory authority of
the physician, or any other individual performing the abortion
deliberately and intentionally vaginally delivers a living fetus
until, in the case of a headfirst presentation, the entire fetal
head is outside the body of the mother, or in the case of breech
presentation, any part of the fetal trunk past the naval is outside
the body of the mother, for the purpose of performing an overt act
that the person knows will kill the partially delivered living
fetus, and performs the overt act, other than completion of
delivery, that kills the partially delivered living fetus.
(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 takes effect January
1, 2012.
Enacting section 2. (1) Every provision in this amendatory act
and every application of the provisions in this amendatory act are
severable from each other. If any application of a provision in
this amendatory act to any person or group of persons or
circumstances is found by a court to be invalid, the remainder of
this amendatory act and the application of the amendatory act's
provisions to all other persons and circumstances may not be
affected. All constitutionally valid applications of this
amendatory act shall be severed from any applications that a court
finds to be invalid, leaving the valid applications in force,
because it is the legislature's intent and priority that the valid
applications be allowed to stand alone. Even if a reviewing court
finds a provision of this amendatory act invalid in a large or
substantial fraction of relevant cases, the remaining valid
applications shall be severed and allowed to remain in force.
(2) The provisions of this amendatory act shall be construed,
as a matter of state law, to be enforceable up to but no further
than the maximum possible extent consistent with federal
constitutional requirements, even if that construction is not
readily apparent, as such constructions are authorized only to the
extent necessary to save the amendatory act from judicial
invalidation. If any court determines that any provisions of this
amendatory act are unconstitutionally vague, it shall interpret
this amendatory act, as a matter of state law, in a manner that
avoids the vagueness problem while enforcing the amendatory act
provision to the maximum possible extent consistent with federal
constitutional requirements.
