2023 Senate Bill 476 / Public Act 206

Health: abortion; born alive infant protection act; amend to update definition of abortion.

An act to amend 2002 PA 687, entitled “An act to assert the state’s interest in protecting all individuals; and to prescribe responsibilities and procedures in regard to a newborn whose live birth results from an abortion,” by amending section 1 (MCL 333.1071).

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. Erika Geiss (D-1) and 12 co-sponsors

Co-sponsored by Sens. Sean McCann (D-19), Mary Cavanagh (D-6), Dayna Polehanki (D-5), Stephanie Chang (D-3), Sue Shink (D-14), Rosemary Bayer (D-13), 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

Passed in the Senate 20 to 18 (details)

Received in the House

Oct. 24, 2023

Referred to the Committee on Health Policy

Nov. 1, 2023

Discharged from committee

Substitute H-1 offered by Rep. Laurie Pohutsky (D-17)

The substitute passed by voice vote

Passed in the House 56 to 54 (details)

Motion to give immediate effect by Rep. Jimmie Wilson (D-32)

The motion prevailed by voice vote

Received in the Senate

Nov. 2, 2023

Nov. 7, 2023

Substitute H-1 concurred in 20 to 17 (details)

Signed by Gov. Gretchen Whitmer

Nov. 22, 2023