2023 Senate Bill 475

Criminal procedure: sentencing guidelines; sentencing guidelines and other references to certain abortion crimes; amend to reflect repeal.

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 13k and 16p of chapter XVII (MCL 777.13k and 777.16p), section 13k of chapter XVII as amended by 2018 PA 587 and section 16p of chapter XVII as amended by 2008 PA 467.

Senate Fiscal Agency Analysis

Senate Bill 474 would amend the Public Health Code to do the following: -- Replace the definition of "elective abortion" with the definition of "abortion" within provisions related to the disposal of fetal remains, among other provisions. -- Delete a prohibition against the DHHS awarding ultrasound equipment grant money if the equipment were to be used in assisting an elective abortion. -- Delete various rule promulgation requirements for rules related to abortions. Additionally, the bill would repeal Sections 2835, 2836, 2837, 17014, 17015, 17015a, 17017, 17515, 17517, and 22224.

Senate Bill 475 would amend the Code of Criminal Procedure to delete sentencing guidelines for violations of disclosing confidential information regarding abortion and performing an abortion resulting in death.

Senate Bill 476 would amend the Born Alive Infant Protection Act to modify the definition of "abortion".

Introduced in the Senate

Sept. 7, 2023

Introduced by Sen. Stephanie Chang (D-3) and 12 co-sponsors

Co-sponsored by Sens. Erika Geiss (D-1), Mary Cavanagh (D-6), Dayna Polehanki (D-5), Rosemary Bayer (D-13), Sean McCann (D-19), Sue Shink (D-14), Paul Wojno (D-10), Kevin Hertel (D-12), Winnie Brinks (D-29), Veronica Klinefelt (D-11), Jeff Irwin (D-15) and Sarah Anthony (D-21)

Referred to the Committee on Housing and Human Services

Oct. 17, 2023

Reported with substitute S-1

Oct. 18, 2023

Referred to the Committee of the Whole

Oct. 19, 2023

Reported with substitute S-1

Substitute S-1 concurred in by voice vote

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

1. Amend page 4, following line 13, by inserting:

“Sec. 16a. This chapter applies to the following felonies enumerated in chapter 750 of the Michigan Compiled Laws:

M.C.L.

Category

Class

Description

Stat Max

750.13

Person

D

Enticing female minor under 16 for immoral purposes

10

750.14a

Person

F

Knowingly performing abortion if based on screening indicating or diagnosis of Down syndrome after fetal viability

4

750.16(1)

Person

G

Adulterate, misbrand, remove, or substitute a drug or medicine

2

750.16(2)

Person

F

Adulterate, misbrand, remove, or substitute a drug or medicine causing personal injury

4

750.16(3)

Person

E

Adulterate, misbrand, remove, or substitute a drug or medicine resulting in serious impairment of body function

5

750.16(4)

Person

C

Adulterate, misbrand, remove, or substitute a drug or medicine resulting in death

15

750.18(3)

Person

G

Mix, color, stain, or powder a drug or medicine with an ingredient or material so as to injuriously affect its quality or potency

2

750.18(4)

Person

F

Mix, color, stain, or powder a drug or medicine with an ingredient or material so as to injuriously affect its quality or potency resulting in personal injury

4

750.18(5)

Person

E

Mix, color, stain, or powder a drug or medicine with an ingredient or material so as to injuriously affect its quality or potency resulting in serious impairment of body function

5

750.18(6)

Person

C

Mix, color, stain, or powder a drug or medicine with an ingredient or material so as to injuriously affect its quality or potency resulting in death

15

750.30

Pub ord

H

Adultery

4

750.32

Pub ord

H

Cohabitation of divorced parties

4”.

2. Amend page 5, line 5, by striking out all of enacting section 1 and inserting:

“Enacting section 1. 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. 474.”.

The amendment failed 18 to 20 (details)

Passed in the Senate 20 to 18 (details)

Received in the House

Oct. 24, 2023

Referred to the Committee on Health Policy