SENATE BILL NO. 108

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) Subject to subsections (2) and (5), a person shall not knowingly perform or attempt to perform an abortion on a pregnant woman if the person has knowledge that the pregnant woman is seeking the abortion because of any of the following:

(a) A screening result indicating that the woman's unborn child may have Down syndrome.

(b) A prenatal diagnosis of Down syndrome in the pregnant woman's unborn child.

(2) If no other medical procedure is sufficient to save the life of the pregnant woman, subsection (1) does not apply to an abortion that is necessary to save the life of the pregnant woman because her life is endangered by a physical disorder, illness, or injury, including a life-endangering condition caused by or arising from the pregnancy itself.

(3) A person who violates this section is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $10,000.00, or both.

(4) A pregnant woman on whom an abortion is performed or attempted to be performed 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.

(5) This section does not apply unless fetal viability has been reached.

(6) As used in this section, "Down syndrome" means the chromosome disorder associated with an extra chromosome 21, in whole or in part, or an effective trisomy for chromosome 21.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.