June 22, 2011, Introduced by Reps. Opsommer, Potvin, Kurtz, Yonker, Haveman, Heise, LeBlanc, Lyons, Horn, Price, Zorn, MacMaster, Shirkey, Somerville, Cotter, Genetski, Lori, O'Brien, Jenkins, Hooker, Kowall, Daley, Jacobsen, Johnson, Rendon, Haines, Poleski, MacGregor, LaFontaine, Goike, Gilbert, McMillin and Walsh and referred to the Committee on Families, Children, and Seniors.


     A bill to amend 1931 PA 328, entitled


"The Michigan penal code,"


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




     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




     (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




     (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




     (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


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) Upon the request of the pregnant female, a law enforcement


agency investigating an alleged violation of this section shall


notify her at least 24 hours before initially contacting a person


she specifically alleges has violated this section.


     (5) 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.


     (6) 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.


     (7) 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




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


regardless of his or her gestational stage of development.