August 19, 2015, Introduced by Reps. Cox, Poleski, Kelly, Heise, Kesto, Runestad, Chatfield, Lauwers, Glenn, Inman, Franz, Webber, Cole, Tedder, Johnson, Yonker, Leutheuser, LaFontaine, Jenkins and Vaupel and referred to the Committee on Criminal Justice.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 90h (MCL 750.90h), as added by 2011 PA 168.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 90h. (1) This section shall be known and may be cited as
the "partial-birth abortion and dismemberment abortion ban act".
(2) Except as provided in subsection (3), a physician, an
individual performing an act, task, or function under the
delegatory authority of a physician, or any other individual who is
not a physician or not otherwise legally authorized to perform an
abortion who knowingly performs a partial-birth abortion or
dismemberment abortion and kills a human fetus 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) It is not a violation of subsection (2) if in the
physician's reasonable medical judgment a partial-birth abortion or
dismemberment abortion is necessary to save the life of a mother
whose life is endangered by a physical disorder, physical illness,
or physical injury.
(4) The spouse of the mother at the time of the partial-birth
abortion or dismemberment abortion or either parent of the mother
if the mother had not attained the age of 18 at the time of the
partial-birth abortion or dismemberment abortion may file a civil
action against the physician or individual described in subsection
(2) for a violation of this section unless the pregnancy is a
result of the plaintiff's criminal conduct or the plaintiff
consented to the partial-birth abortion or dismemberment abortion.
A plaintiff who prevails in a civil action brought under this
section may recover both of the following:
(a) Actual damages, including damages for emotional distress.
(b) Treble damages for the cost of the partial-birth abortion
or dismemberment abortion.
(5) A woman who obtains or seeks to obtain a partial-birth
abortion or dismemberment abortion is not a conspirator to commit a
violation of this section.
(6) This section does not create a right to abortion.
(7) Notwithstanding any other provision of this section, a
person shall not perform an abortion that is prohibited by law.
(8) Nothing in this section shall be construed to repeal or
amend, explicitly or by implication, any provision of law
prohibiting or regulating abortion, including, but not limited to,
section 14, 15, 322, or 323.
(9) As used in this section:
(a) "Dismemberment abortion" means an abortion in which the
physician, an individual acting under the delegatory authority of
the physician, or any other individual performing the abortion
deliberately and intentionally uses any instrument, device, or
object to dismember a living fetus by disarticulating limbs or
decapitating the head from the fetal torso and removing the
dismembered fetal body parts from the uterus regardless of whether
the fetal body parts are removed by the same instrument, device, or
object or by suction or other means. Dismemberment abortion does
not include an abortion that uses suction to dismember and remove
the body of a fetus from the uterus.
(b)
(a) "Partial-birth abortion" means an abortion
in which
the physician, an individual acting under the delegatory authority
of the physician, or any other individual performing the abortion
deliberately and intentionally vaginally delivers a living fetus
until, in the case of a headfirst presentation, the entire fetal
head is outside the body of the mother, or in the case of breech
presentation,
any part of the fetal trunk past the naval navel is
outside the body of the mother, for the purpose of performing an
overt act that the person knows will kill the partially delivered
living fetus, and performs the overt act, other than completion of
delivery, that kills the partially delivered living fetus.
(c) (b)
"Physician" means an
individual licensed by this state
to engage in the practice of medicine or the practice of
osteopathic medicine and surgery under article 15 of the public
health code, 1978 PA 368, MCL 333.16101 to 333.18838.
Enacting section 1. This amendatory act takes effect January
1, 2016.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No. ___ or House Bill No. ___ (request no.
03223'15 a) of the 98th Legislature is enacted into law.
Enacting section 3. (1) Every provision in this amendatory act
and every application of the provisions in this amendatory act are
severable from each other. If any application of a provision in
this amendatory act to any person or group of persons or
circumstances is found by a court to be invalid, the remainder of
this amendatory act and the application of the amendatory act's
provisions to all other persons and circumstances shall not be
affected. All constitutionally valid applications of this
amendatory act shall be severed from any applications that a court
finds to be invalid, leaving the valid applications in force,
because it is the legislature's intent and priority that the valid
applications be allowed to stand alone. Even if a reviewing court
finds a provision of this amendatory act invalid in a large or
substantial fraction of relevant cases, the remaining valid
applications shall be severed and allowed to remain in force.
(2) The provisions of this amendatory act shall be construed,
as a matter of state law, to be enforceable up to but no further
than the maximum possible extent consistent with federal
constitutional requirements, even if that construction is not
readily apparent, as such constructions are authorized only to the
extent necessary to save the amendatory act from judicial
invalidation. If any court determines that any provision of this
amendatory act is unconstitutionally vague, it shall interpret this
amendatory act, as a matter of state law, in a manner that avoids
the vagueness problem while enforcing the amendatory act's
provisions to the maximum possible extent consistent with federal
constitutional requirements.