HB-5882, As Passed House, July 26, 2006

SUBSTITUTE FOR

HOUSE BILL NO. 5882

     A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

(MCL 750.1 to 750.568) by adding section 15a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 15a. (1) This section shall be known and may be cited as

the "coercive abortion prevention act".

     (2) As used in this section:

     (a) "Compel a pregnant female to seek an abortion" means an

act, attempted act, or threat to act by a person that is

conditioned upon the pregnant female disregarding or refusing the

person's demand that she seek an abortion.

     (b) "Course of conduct" means a pattern of conduct composed of

a series of 2 or more separate noncontinuous acts evidencing a

continuity of purpose.

     (c) "Family or household member" means that term as defined in

section 1 of 1978 PA 389, MCL 400.1501.

     (d) "Threat" means 2 or more statements, or a course of

conduct, by an individual that would cause a reasonable person to

believe that the individual is likely to act in accordance with the

statements or as implied by the course of conduct. Threat does not

include constitutionally protected speech or any generalized

statement regarding a lawful pregnancy option, including, but not

limited to, an emotional expression by a family or household member

of the pregnant female.

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

regardless of its gestational stage of development.

     (3) A person who has actual knowledge that a female individual

is pregnant shall not do any of the following with the intent to

compel a pregnant female to seek an abortion:

     (a) Commit or attempt to commit an act proscribed under

section 81, 81a, 83, 84, 86, or 411h against the pregnant female or

a family or household member.

     (b) File or attempt to file for a divorce from the pregnant

female.

     (c) Withdraw or attempt to withdraw financial support from the

pregnant female that had previously been supplied or offered to the

pregnant female.

     (d) Change or attempt to change an existing housing or

cohabitation arrangement with the pregnant female.

     (e) Threaten to engage in conduct proscribed under subdivision

(b), (c), or (d).

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

responsible for a state civil infraction as follows:

     (a) For an act or attempt to act in violation of subsection

(3)(a), the person is guilty of a crime punishable by the same

penalty as for the violation of section 81, 81a, 83, 84, 86, or

411h.

     (b) Except as provided in subdivision (d), for a violation of

subsection (3)(b), (c), or (d), the person is guilty of a

misdemeanor punishable by a fine of not more than $2,000.00.

     (c) Except as provided in subdivision (d), for a violation of

subsection (3)(e), the person is responsible for a state civil

infraction and may be fined not more than $1,000.00.

     (d) If a violation of subsection (3)(b), (c), (d), or (e) is

committed by the father or putative father of the unborn child

against a pregnant female who is less than 18 years of age, and the

father or putative father is 18 years of age or older, the father

or putative father is guilty of a misdemeanor punishable by

imprisonment for not more than 1 year or a fine of not more than

$5,000.00, or both.

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

agency investigating a violation of this section shall notify the

pregnant female not less than 24 hours before initially contacting

the person alleged to have violated this section.

     (6) This section does not prohibit the person from being

charged with, convicted of, or punished for any crime committed

while violating this section.

House Bill No. 5882 (H-4) as amended July 26, 2006

     (7) The court may order that a term of imprisonment imposed

for violating this section be served consecutively to a term of

imprisonment imposed for any crime committed while violating this

section.

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

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

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

[Enacting section 1. This amendatory act takes effect October 1,

 2006.

Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 93rd Legislature are enacted into law:

(a) House Bill No. 5879.

(b) House Bill No. 5880.

(c) House Bill No. 5881.

     (d) House Bill No. 5883.]