May 9, 2018, Introduced by Reps. Kahle and Leutheuser and referred to the Committee on Families, Children, and Seniors.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 135 (MCL 750.135), as amended by 2002 PA 689.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 135. (1) Except as provided in subsection (3), a father
or mother of a child under the age of 6 years, or another
individual, who exposes the child in any street, field, house, or
other place, with intent to injure or wholly to abandon the child,
is guilty of a felony, punishable by imprisonment for not more than
10 years.
(2) Except for a situation involving actual or suspected child
abuse or child neglect, it is an affirmative defense to a
prosecution under subsection (1) that the child was not more than
72
hours 30 days old and was surrendered to an emergency service
provider or newborn safety device under chapter XII of the probate
code
of 1939, 1939 PA 288, MCL 712.1 to 712.20. the safe delivery
of newborns law. A criminal investigation shall not be initiated
solely on the basis of a newborn being surrendered to an emergency
service
provider or a newborn safety
device under chapter XII of
the
probate code of 1939, 1939 PA 288, MCL 712.1 to 712.20.the safe
delivery of newborns law.
(3) Subsection (1) does not apply to a mother of a newborn who
is surrendered under the born alive infant protection act.
Subsection (1) applies to an attending physician who delivers a
live newborn as a result of an attempted abortion and fails to
comply with the requirements of the born alive infant protection
act.
(4) As used in this section:
(a) "Born alive infant protection act" means the born alive
infant protection act, 2002 PA 687, MCL 333.1071 to 333.1073.
(b) (a)
"Emergency service
provider" means a uniformed
employee or contractor of a fire department, hospital, or police
station when that individual is inside the premises and on duty.
(c) (b)
"Fire department" means
an organized fire department
as that term is defined in section 1 of the fire prevention code,
1941 PA 207, MCL 29.1.
(d) (c)
"Hospital" means a
hospital that is licensed under
article 17 of the public health code, 1978 PA 368, MCL 333.20101 to
333.22260.
(e) "Newborn safety device" means that term as defined in
section 1 of the safe delivery of newborns law, MCL 712.1.
(f) (d)
"Police station" means a
police station as that term
is defined in section 43 of the Michigan vehicle code, 1949 PA 300,
MCL 257.43.
(g) "Safe delivery of newborns law" means chapter XII of the
probate code of 1939, 1939 PA 288, MCL 712.1 to 712.20.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless House Bill No. 5750 of the 99th Legislature is enacted into
law.