SENATE BILL No. 1053

March 1, 2000, Introduced by Senators EMMONS, JOHNSON and HAMMERSTROM and

referred to the Committee on Judiciary.

A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

by amending section 135 (MCL 750.135).

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 135. (1) Exposing child with intent to injure or

2 abandon-- Any father or mother of a child under the age of 6

3 years, or any other person who shall expose such EXPOSES THE

4 child in any street, field, house or other place, with intent to

5 injure or wholly to abandon it, shall be IS guilty of felony,

6 punishable by imprisonment in the state prison not more than 10

7 years.

8 (2) IT IS AN AFFIRMATIVE DEFENSE TO A PROSECUTION UNDER SUB-

9 SECTION (1) THAT THE PERSON VOLUNTARILY DELIVERED THE CHILD TO AN

10 EMERGENCY SERVICE PROVIDER UNDER SECTION 19D OF CHAPTER XIIA OF

11 THE PROBATE CODE OF 1939, 1939 PA 288, MCL 712A.19D.

05762'00 KDD

2

1 Enacting section 1. Section 135 of the Michigan penal code,

2 1931 PA 328, MCL 750.135, as amended by this amendatory act, does

3 not apply to causes of action arising before the effective date

4 of this amendatory act.

05762'00 Final page. KDD