Act No. 206
Public Acts of 2023
Approved by the Governor
November 21, 2023
Filed with the Secretary of State
November 22, 2023
EFFECTIVE DATE: February 13, 2024
state of michigan
102nd Legislature
Regular session of 2023
Introduced by Senators Geiss, McCann, Cavanagh, Polehanki, Chang, Shink, Bayer, Wojno, Hertel, Brinks, Klinefelt, Irwin and Anthony
ENROLLED SENATE BILL No. 476
AN ACT to amend 2002 PA 687, entitled “An act to assert the state’s interest in protecting all individuals; and to prescribe responsibilities and procedures in regard to a newborn whose live birth results from an abortion,” by amending section 1 (MCL 333.1071).
The People of the State of Michigan enact:
Sec. 1. (1) This act may be cited as the “born alive infant protection act”.
(2) As used in this act:
(a) “Abortion” means a medical treatment that is intended to terminate a diagnosable intrauterine pregnancy for a purpose other than to produce a live birth. Abortion does not include the use or prescription of a drug or device that prevents pregnancy or a medical treatment used to remove a dead fetus or embryo whose death was the result of a spontaneous abortion.
(b) “Live birth” means the complete expulsion or extraction of a product of conception from its mother, regardless of the duration of the pregnancy, that after expulsion or extraction, whether or not the umbilical cord has been cut or the placenta is attached, shows any evidence of life, including, but not limited to, 1 or more of the following:
(i) Breathing.
(ii) A heartbeat.
(iii) Umbilical cord pulsation.
(iv) Definite movement of voluntary muscles.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 474 of the 102nd Legislature is enacted into law.
Secretary of the Senate
Clerk of the House of Representatives
Approved___________________________________________
____________________________________________________
Governor