April 18, 2013, Introduced by Reps. Price, Rendon, Jenkins, O'Brien, Lyons, LaFontaine, Kowall, McBroom, Haveman, MacMaster, Genetski, Howrylak, Johnson, Poleski, Goike, Shirkey, Leonard, Cotter, Lori, Hooker, Kurtz, Daley, Outman, Muxlow, Yonker, Zorn, MacGregor, McMillin and Potvin and referred to the Committee on Criminal Justice.


     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 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




     (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 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




     (ii) Withdraw, attempt to withdraw, or 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 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) 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) "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. 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 90 days


after the date it is enacted.