Bill Text: MI HB5954 | 2017-2018 | 99th Legislature | Enrolled
Bill Title: 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
Spectrum: Partisan Bill (Republican 1-0)
Status: (Vetoed) 2018-12-28 - Vetoed By The Governor 12/27/2018 [HB5954 Detail]
Download: Michigan-2017-HB5954-Enrolled.html
STATE OF MICHIGAN
99TH LEGISLATURE
REGULAR SESSION OF 2018
Introduced by Reps. Kahle and Leutheuser
ENROLLED HOUSE BILL No. 5954
AN ACT to amend 1931 PA 328, entitled “An act to revise, consolidate, codify, and add to the statutes relating to crimes; to define crimes and prescribe the penalties and remedies; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at criminal trials; to provide for liability for damages; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 135 (MCL 750.135), as amended by 2002 PA 689.
The People of the State of Michigan enact:
Sec. 135. (1) Except as provided in subsection (3), a father or mother of a child under the age of 6 years, or another individual, who exposes the child in any street, field, house, or other place, with intent to injure or wholly to abandon the child, is guilty of a felony, punishable by imprisonment for not more than 10 years.
(2) Except for a situation involving actual or suspected child abuse or child neglect, it is an affirmative defense to a prosecution under subsection (1) that the child was not more than 30 days old and was surrendered to an emergency service provider or newborn safety device under the safe delivery of newborns law. A criminal investigation shall not be initiated solely on the basis of a newborn being surrendered to an emergency service provider or a newborn safety device under the safe delivery of newborns law.
(3) Subsection (1) does not apply to a mother of a newborn who is surrendered under the born alive infant protection act. Subsection (1) applies to an attending physician who delivers a live newborn as a result of an attempted abortion and fails to comply with the requirements of the born alive infant protection act.
(4) As used in this section:
(a) “Born alive infant protection act” means the born alive infant protection act, 2002 PA 687, MCL 333.1071 to 333.1073.
(b) “Emergency service provider” means a uniformed employee or contractor of a fire department, hospital, or police station when that individual is inside the premises and on duty.
(c) “Fire department” means an organized fire department as that term is defined in section 1 of the fire prevention code, 1941 PA 207, MCL 29.1.
(d) “Hospital” means a hospital that is licensed under article 17 of the public health code, 1978 PA 368, MCL 333.20101 to 333.22260.
(e) “Newborn safety device” means that term as defined in section 1 of the safe delivery of newborns law, MCL 712.1.
(f) “Police station” means a police station as that term is defined in section 43 of the Michigan vehicle code, 1949 PA 300, MCL 257.43.
(g) “Safe delivery of newborns law” means chapter XII of the probate code of 1939, 1939 PA 288, MCL 712.1 to 712.20.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect unless House Bill No. 5750 of the 99th Legislature is enacted into law.
This act is ordered to take immediate effect.
Clerk of the House of Representatives
Secretary of the Senate
Approved
Governor
