2023 Senate Bill 39

Crimes: abortion; penalty for administering with intent to procure miscarriage; repeal.

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by repealing section 14 (MCL 750.14).

Senate Fiscal Agency Analysis

Senate Bill 39 would repeal Section 14 of the Michigan Penal Code, which prescribes a felony for willfully administering to a pregnant woman any medicine, drug, or substance, or employing any instrument or other means, with intent to procure a miscarriage, unless it is necessary to protect the life of the mother. Section 14 further specifies that if those actions cause the death of the pregnant woman, the offense is manslaughter.

Senate Bill 37 would delete from sentencing guidelines in the Code of Criminal Procedure the felonies prescribed under Section 14 of the Penal Code.

Introduced in the Senate

Jan. 24, 2023

Introduced by Sen. Sarah Anthony (D-21) and 17 co-sponsors

Co-sponsored by Sens. Erika Geiss (D-1), Rosemary Bayer (D-13), Stephanie Chang (D-3), Sylvia Santana (D-2), Mary Cavanagh (D-6), Kristen McDonald Rivet (D-35), Darrin Camilleri (D-4), Mallory McMorrow (D-8), Kevin Hertel (D-12), Sam Singh (D-28), John Cherry (D-27), Sue Shink (D-14), Paul Wojno (D-10), Jeremy Moss (D-7), Sean McCann (D-19), Dayna Polehanki (D-5) and Veronica Klinefelt (D-11)

Referred to the Committee on Health Policy

March 1, 2023

Reported without amendment

March 2, 2023

Referred to the Committee of the Whole

March 8, 2023

Reported without amendment

Amendment offered by Sen. Lana Theis (R-22)

1. Amend page 1, following line 2, by inserting:

“Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 102nd Legislature are enacted into law:

(a) Senate Bill No. 106.

(b) Senate Bill No. 107.

(c) Senate Bill No. 108.

(d) Senate Bill No. 109.

(e) Senate Bill No. 110.

(f) Senate Bill No. 111.

(g) Senate Bill No. 112.

(h) Senate Bill No. 113.

(i) Senate Bill No. 114.

(j) Senate Bill No. 115.

(k) Senate Bill No. 116.

(l) Senate Bill No. 117.

(m) Senate Bill No. 118.”.

The amendment failed 18 to 20 (details)

Amendment offered by Sen. Ruth Johnson (R-24)

1. Amend page 1, following line 2, by inserting:

“Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 102nd Legislature are enacted into law:

(a) Senate Bill No. 106.

(b) Senate Bill No. 107.

(c) Senate Bill No. 110.

(d) Senate Bill No. 111.

(e) Senate Bill No. 115.

(f) Senate Bill No. 116.”.

The amendment failed 18 to 20 (details)

Amendment offered by Sen. Michael Webber (R-9)

1. Amend page 1, following line 2, by inserting:

“Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 102nd Legislature are enacted into law:

(a) Senate Bill No. 108.

(b) Senate Bill No. 109.”.

The amendment failed 18 to 20 (details)

Amendment offered by Sen. Thomas Albert (R-18)

1. Amend page 1, following line 2, by inserting:

“Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 102nd Legislature are enacted into law:

(a) Senate Bill No. 117.

(b) Senate Bill No. 118.”.

The amendment failed 18 to 20 (details)

Passed in the Senate 20 to 18 (details)

Received in the House

March 8, 2023

Referred to the Committee on Judiciary