HB-4799, As Passed House, March 13, 2012

 

 

 

 

 

 

 

 

 

 

 

SUBSTITUTE FOR

 

HOUSE BILL NO. 4799

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

(MCL 750.1 to 750.568) by adding section 213a.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 213a. (1) A person having actual knowledge that a female

 

individual is pregnant shall not do any of the following with the

 

intent to coerce her to have an abortion against her will:

 

     (a) Commit, attempt to commit, or maliciously threaten to

 

commit any of the following violations against her or any other

 

person:

 

     (i) A violation of section 411h or section 411i.

 

     (ii) An assaultive crime. As used in this subparagraph,

 

"assaultive crime" means that term as defined in section 9a of

 

chapter X of the code of criminal procedure, 1927 PA 175, MCL

 


770.9a.

 

     (b) After being informed by a pregnant female that she does

 

not want to obtain an abortion, any of the following:

 

     (i) Discontinue, attempt to discontinue, or maliciously

 

threaten to discontinue support that the person has a legal

 

responsibility to provide or reduce that support to a level below

 

his or her legal responsibility.

 

     (ii) Withdraw, attempt to withdraw, or maliciously threaten to

 

withdraw from a contract or agreement or otherwise violate the

 

terms of that contract or agreement having previously entered into

 

a contract or other legally binding agreement to which the pregnant

 

female is a party or beneficiary.

 

     (iii) Discharge or threaten to discharge her from employment.

 

     (2) For purposes of subsection (1)(b), information that a

 

pregnant female does not want to obtain an abortion includes any

 

statement or act, including inaction, that would clearly

 

demonstrate to a reasonable person that she is unwilling to comply

 

with a request or demand to have an abortion.

 

     (3) A person who violates this section is guilty of a crime as

 

follows:

 

     (a) For a violation of subsection (1)(a), the person is guilty

 

of a crime punishable in the same manner as for the underlying

 

offense committed, attempted, or maliciously threatened.

 

     (b) Except as provided in subdivision (c), for a violation of

 

subsection (1)(b), the person is guilty of a misdemeanor punishable

 

by a fine of not more than $5,000.00.

 

     (c) If the person is the father or putative father of the

 


House Bill No. 4799 (H-1) as amended March 8, 2012

unborn child, the pregnant individual is less than 18 years of age

 

at the time of the violation, and the person is 18 years of age or

 

older at the time of the violation, the person is guilty of a

 

misdemeanor punishable by a fine of not more than $10,000.00.

 

     (4) This section does not prohibit the person from being

 

charged with, convicted of, or punished for any other violation of

 

law committed while violating this section.

 

     (5) The court may order a term of imprisonment imposed for

 

violating this section to be served consecutively to any other term

 

of imprisonment imposed for a violation of law committed while

 

violating this section.

 

     (6) As used in this section:

 

     (a) "Course of conduct" means a pattern of conduct composed of

 

a series of 2 or more separate noncontinuous acts evidencing a

 

continuity of purpose.

 

     (b) "Maliciously threaten" means to make 2 or more statements

 

or to engage in a course of conduct that would cause a reasonable

 

person to believe that the individual is likely to act in

 

accordance with the statements or the course of conduct.

 

Maliciously threaten does not include constitutionally protected

 

speech or any generalized statement regarding a lawful pregnancy

 

option.

 

     (c) "Unborn child" means a live human being in utero

 

regardless of his or her gestational stage of development.

[Enacting section 1. This amendatory act takes effect January 1,

2013.]