HOUSE BILL No. 5086

December 1, 2015, Introduced by Reps. Bizon, Canfield, Hooker, Crawford, Theis, Chatfield, Sheppard, Glenn, Poleski, Lucido, LaFontaine, Barrett, Webber, Franz, Cox, Leutheuser, Johnson, Runestad, Rendon, Price, Kesto, Outman, Lyons, Yonker, Goike, Inman, Muxlow, Forlini, Somerville, Tedder, McBroom, Aaron Miller, Graves, Cole, McCready, Vaupel, Jenkins, Potvin, Heise and Glardon and referred to the Committee on Criminal Justice.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending section 2690 (MCL 333.2690).

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 2690. (1) A person shall not knowingly sell, collect any

 

fee for, transfer, distribute, or give away an embryo, fetus, or

 

neonate for a use which that is in violation of sections 2685 to

 

2689.

 

     (2) A person shall not knowingly financially benefit from or

 

receive any type of compensation for the distribution or transfer

 

of an embryo, fetus, or neonate or any portion of an embryo, fetus,

 

or neonate including any organs, tissues, or cells that were

 

obtained as the result of an elective abortion. As used in this

 

subsection, "elective abortion" means the intentional use of an

 

instrument, drug, or other substance or device to terminate a


woman's pregnancy for a purpose other than to increase the

 

probability of a live birth, to preserve the life or health of the

 

child after live birth, or to remove a dead fetus. Elective

 

abortion does not include either of the following:

 

     (a) The prescription of or use of a drug or device intended as

 

a contraceptive.

 

     (b) The intentional use of an instrument, drug, or other

 

substance or device by a physician to terminate a woman's pregnancy

 

if the woman's physical condition, in the physician's reasonable

 

medical judgment, necessitates the termination of the woman's

 

pregnancy to avert her death.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.