September 9, 2015, Introduced by Reps. Gamrat, Goike, Runestad, McBroom and Aaron Miller 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 325.




     Sec. 325. (1) This section may be known and cited as the


"pain-capable unborn child protection act".


     (2) Before performing an abortion, a physician shall make a


determination of the probable postfertilization age of the unborn


child consistent with the accepted standard of care for making that


determination, except in the case of a medical emergency.


     (3) A person shall not perform or attempt to perform an


abortion on a pregnant individual if it is determined that the


unborn child has a probable postfertilization age of 20 or more


weeks, unless in the reasonable clinical judgment of a physician


the abortion is necessary to avert the pregnant individual's death.

     (4) A person who violates this section is guilty of a felony


punishable by imprisonment for not more than 15 years or a fine of


not more than $7,500.00, or both.


     (5) This section does not apply to actions taken by a pregnant




     (6) This section does not create a right to abortion.


     (7) Notwithstanding any other provision of this section, a


person shall not perform an abortion that is prohibited by law.


     (8) This act shall not be construed to repeal by implication


or otherwise, or impair any future enforcement of, section 14, 15,


322, or 323, or any other provision of law regulating or


restricting abortion.


     (9) As used in this section:


     (a) "Abortion" means that term as defined in section 17015 of


the public health code, 1978 PA 368, MCL 333.17015.


     (b) "Fertilization" means the fusion of a human spermatozoon


with a human ovum.


     (c) "Medical emergency" means a condition that, on the basis


of a physician's good faith clinical judgment, so complicates the


medical condition of a pregnant individual as to necessitate the


immediate abortion of her pregnancy to avert her death or


necessitates immediate treatment of a physical disorder, physical


illness, or physical injury in a hospital or other emergency care


facility, not including psychological or emotional conditions. A


medical emergency does not include a condition that is based on a


claim or diagnosis that the pregnant individual will engage in


conduct that she intends to result in her death.


     (d) "Probable postfertilization age" means the expected


postfertilization age of the unborn child at the time an abortion


is planned to be performed as determined by the good faith clinical


judgment of the attending physician.


     (e) "Unborn child" means an individual organism of the species


homo sapiens from fertilization until live birth.