SB-1156, As Passed Senate, December 11, 2014

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 1156

 

 

December 4, 2014, Introduced by Senators EMMONS, SCHUITMAKER, RICHARDVILLE, MEEKHOF, JANSEN, PAPPAGEORGE, NOFS, MOOLENAAR, WALKER, CASPERSON, COLBECK, MARLEAU, GREEN, HANSEN, BRANDENBURG, ROBERTSON, JONES, PROOS, KOWALL, PAVLOV, BOOHER, HILDENBRAND, HUNE, CASWELL, KAHN and HUNTER and referred to the Committee on Judiciary.

 

 

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

(MCL 750.1 to 750.568) by adding section 213a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 213a. (1) A person having actual knowledge that a female

 

individual is pregnant shall not do any of the following with the

 

intent to coerce her to have an abortion against her will:

 

     (a) Commit, attempt to commit, or threaten to commit any of

 

the following violations against her or any other person:

 

     (i) A violation of section 411h or section 411i.

 

     (ii) An assaultive crime. As used in this subparagraph,

 

"assaultive crime" means that term as defined in section 9a of

 

chapter X of the code of criminal procedure, 1927 PA 175, MCL

 

770.9a.

 

     (b) After being informed by a pregnant female that she does


Senate Bill No. 1156 as amended December 10, 2014

 

not want to obtain an abortion, any of the following:

 

     (i) Discontinue, attempt to discontinue, or threaten to

 

discontinue support that the person has a legal responsibility to

 

provide or reduce that support to a level below his or her legal

 

responsibility.

 

     (ii) Withdraw, attempt to withdraw, or threaten to withdraw

 

from a contract or agreement or otherwise violate the terms of that

 

contract or agreement having previously entered into a contract or

 

other legally binding agreement to which the pregnant female is a

 

party or beneficiary.

 

     (iii) Discharge or threaten to discharge her from employment.

     <<(iv) Engage in coercion as that term is defined in section

462a.>>

 

     (2) For purposes of subsection (1)(b), information that a

 

pregnant female does not want to obtain an abortion includes any

 

statement or act, including inaction, that would clearly

 

demonstrate to a reasonable person that she is unwilling to comply

 

with a request or demand to have an abortion.

 

     (3) A person who violates this section is guilty of a crime as

 

follows:

 

     (a) For a violation of subsection (1)(a), the person is guilty

 

of a crime punishable in the same manner as for the underlying

 

offense committed, attempted, or threatened.

 

     (b) Except as provided in subdivision (c), for a violation of

 

subsection (1)(b), the person is guilty of a misdemeanor punishable

 

by a fine of not more than $5,000.00.

 

     (c) If the person is the father or putative father of the

 

unborn child, the pregnant individual is less than 18 years of age

 

at the time of the violation, and the person is 18 years of age or


 

older at the time of the violation, the person is guilty of a

 

misdemeanor punishable by a fine of not more than $10,000.00.

 

     (4) This section does not prohibit the person from being

 

charged with, convicted of, or punished for any other violation of

 

law committed while violating this section.

 

     (5) The court may order a term of imprisonment imposed for

 

violating this section to be served consecutively to any other term

 

of imprisonment imposed for a violation of law committed while

 

violating this section.

 

     (6) As used in this section:

 

     (a) "Course of conduct" means a pattern of conduct composed of

 

a series of 2 or more separate noncontinuous acts evidencing a

 

continuity of purpose.

 

     (b) "Threaten" means to make 2 or more statements or to engage

 

in a course of conduct that would cause a reasonable person to

 

believe that the individual is likely to act in accordance with the

 

statements or the course of conduct. Threaten does not include

 

constitutionally protected speech or any generalized statement

 

regarding a lawful pregnancy option.

 

     (c) "Unborn child" means a live human being in utero

 

regardless of his or her gestational stage of development.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted.