HOUSE BILL NO. 5716

February 02, 2022, Introduced by Reps. Roth, O'Malley, Borton, Markkanen, Allor, Coleman, Liberati, Outman, Kahle, Breen, Sneller, Yaroch, Brixie, Brenda Carter, Cynthia Johnson, Steenland, Hope, Weiss, Neeley, Peterson, Rogers, Brabec, Clemente and Bezotte and referred to the Committee on Health Policy.

A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

by amending section 520d (MCL 750.520d), as amended by 2012 PA 372, and by adding section 219g.

the people of the state of michigan enact:

Sec. 219g. (1) A person who engages in a practice or act the person knows or reasonably should know provides false or misleading information related to an assisted reproduction procedure, including by making a false or misleading representation relating to any of the following, is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $50,000.00, or both:

(a) The human embryo or gamete used or provided for assisted reproduction.

(b) The identity of a donor of the human embryo or gamete used or provided for assisted reproduction including, but not limited to, the donor's name, birthdate, or address at the time of donation.

(c) A donor's medical history including, but not limited to, present illness of the donor at time of donation, any past illnesses of the donor, the social, genetic, or family history of the donor, or the donor's education, ethnicity, or religious background.

(2) A health professional who knowingly or recklessly uses or provides a human embryo or gamete for assisted reproduction other than the specific human embryo or gamete to which the patient expressly consented in writing is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $100,000.00, or both.

(3) As used in this section:

(a) "Assisted reproduction" means a method of causing pregnancy other than sexual intercourse.

(b) "Donor" means an individual who provides gametes intended for use in assisted reproduction, regardless of whether or not the individual receives financial compensation for the donation.

(c) "Gamete" means sperm, egg, or any part of a sperm or egg.

(d) "Health professional" means an individual licensed, registered, certified, or otherwise authorized to engage in a health profession under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.

(e) "Human embryo" means a human organism at any stage of development from fertilized ovum to embryo.

(f) "Patient" means an individual under the care of a health professional.

Sec. 520d. (1) A person is guilty of criminal sexual conduct in the third degree if the person engages in sexual penetration with another person and if any of the following circumstances exist:

(a) That other person is at least 13 years of age and under 16 years of age.

(b) Force or coercion is used to accomplish the sexual penetration. Force or coercion includes, but is not limited to, any of the circumstances listed in section 520b(1)(f)(i) to (v).

(c) The actor knows or has reason to know that the victim is mentally incapable, mentally incapacitated, or physically helpless.

(d) That other person is related to the actor by blood or affinity to the third degree and the sexual penetration occurs under circumstances not otherwise prohibited by this chapter. It is an affirmative defense to a prosecution under this subdivision that the other person was in a position of authority over the defendant and used this authority to coerce the defendant to violate this subdivision. The defendant has the burden of proving this defense by a preponderance of the evidence. This subdivision does not apply if both persons are lawfully married to each other at the time of the alleged violation.

(e) That other person is at least 16 years of age but less than 18 years of age and a student at a public school or nonpublic school, and either of the following applies:

(i) The actor is a teacher, substitute teacher, or administrator of that public school, nonpublic school, school district, or intermediate school district. This subparagraph does not apply if the other person is emancipated or if both persons are lawfully married to each other at the time of the alleged violation.

(ii) The actor is an employee or a contractual service provider of the public school, nonpublic school, school district, or intermediate school district in which that other person is enrolled, or is a volunteer who is not a student in any public school or nonpublic school, or is an employee of this state or of a local unit of government of this state or of the United States assigned to provide any service to that public school, nonpublic school, school district, or intermediate school district, and the actor uses his or her employee, contractual, or volunteer status to gain access to, or to establish a relationship with, that other person.

(f) That other person is at least 16 years old but less than 26 years of age and is receiving special education services, and either of the following applies:

(i) The actor is a teacher, substitute teacher, administrator, employee, or contractual service provider of the public school, nonpublic school, school district, or intermediate school district from which that other person receives the special education services. This subparagraph does not apply if both persons are lawfully married to each other at the time of the alleged violation.

(ii) The actor is a volunteer who is not a student in any public school or nonpublic school, or is an employee of this state or of a local unit of government of this state or of the United States assigned to provide any service to that public school, nonpublic school, school district, or intermediate school district, and the actor uses his or her employee, contractual, or volunteer status to gain access to, or to establish a relationship with, that other person.

(g) The actor is an employee, contractual service provider, or volunteer of a child care organization, or a person licensed to operate a foster family home or a foster family group home, in which that other person is a resident, that other person is at least 16 years of age, and the sexual penetration occurs during that other person's residency. As used in this subdivision, "child care organization", "foster family home", and "foster family group home" mean those terms as defined in section 1 of 1973 PA 116, MCL 722.111.

(2) A person is guilty of criminal sexual conduct in the third degree if the person is a health professional and knowingly causes his or her own human embryo or gamete to be implanted into a patient through assisted reproduction without the patient's prior knowledge and express written consent.

(3) (2) Criminal sexual conduct in the third degree is a felony punishable by imprisonment for not more than 15 years.

(4) As used in this section:

(a) "Assisted reproduction" means a method of causing pregnancy other than sexual intercourse.

(b) "Gamete" means sperm, egg, or any part of a sperm or egg.

(c) "Health professional" means an individual licensed, registered, certified, or otherwise authorized to engage in a health profession under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838.

(d) "Human embryo" means a human organism at any stage of development from fertilized ovum to embryo.

(e) "Patient" means an individual under the care of a health professional.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.