Bill Text: MI HB4737 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Health: abortion; performing, inducing, or attempting to perform or induce an abortion on a pregnant woman who is seeking the abortion because of race, sex, or a disability; prohibit, and provide penalties. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 14a.
Spectrum: Partisan Bill (Republican 19-0)
Status: (Introduced - Dead) 2021-09-30 - Referred To Committee On Judiciary [HB4737 Detail]
Download: Michigan-2021-HB4737-Introduced.html
HOUSE BILL NO. 4737
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
(MCL 750.1 to 750.568) by adding section 14a.
the people of the state of michigan enact:
Sec. 14a. (1) A person shall not knowingly perform or induce or attempt to perform or induce an abortion on a pregnant individual if the person has knowledge that the pregnant individual is seeking the abortion, in whole or in part, because of any of the following:
(a) A test result indicating that the pregnant individual's unborn child has a disability.
(b) A prenatal diagnosis that the pregnant individual's unborn child has a disability.
(c) Any other reason to believe that the pregnant individual's unborn child has a disability.
(d) The sex of the pregnant individual's unborn child.
(e) The race of the pregnant individual's unborn child.
(2) A person who violates this section 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) A pregnant individual on whom an abortion is performed or induced or attempted to be performed or induced in violation of subsection (1) is not guilty of any of the following:
(a) Violating this section.
(b) Attempting to violate this section.
(c) Conspiring to commit a violation of this section.
(4) A physician who violates subsection (1) is liable in a civil action for compensatory and exemplary damages and reasonable attorney fees to an individual, or the personal representative of the estate of an individual, who sustains personal injury, death, or property damage as the result of the performance or the attempted performance of the abortion.
(5) 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) "Disability" means 1 or more of the following:
(i) A physical disability.
(ii) A cognitive disability.
(iii) A physical disfigurement.
(iv) Scoliosis.
(v) Dwarfism.
(vi) Down syndrome.
(vii) Albinism.
(viii) Amelia.
(ix) A physical or mental disease.
(x) Cleft palate.
(xi) Trisomy 18.
(c) "Down syndrome" means a chromosome disorder associated with an extra whole or partial copy of chromosome 21 or an effective trisomy for chromosome 21.
(d) "Physician" means an individual who is licensed as a physician under part 170 or 175 of the public health code, 1978 PA 368, MCL 333.17001 to 333.17097 and 333.17501 to 333.17556.
(e) "Pregnant" means the human female reproductive condition that commences with fertilization of having a developing unborn child.
(f) "Unborn child" means an individual organism of the species homo sapiens from fertilization until live birth.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
