HB-4787, As Passed Senate, May 25, 2016

SUBSTITUTE FOR

HOUSE BILL NO. 4787

     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

not want to obtain an abortion, 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

fact 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) 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 into law.