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- mental illness, substance use disorder, or developmental disability; to establish guardianship procedures for
individuals with developmental disability; to establish procedures regarding individuals with mental illness,
substance use disorder, or developmental disability who are in the criminal justice system; to provide for
penalties and remedies; and to repeal acts and parts of acts,”
The House agreed to the full title.
Rep. Aiyash moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4520, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 81 and 81a
(MCL 750.81 and 750.81a), section 81 as amended by 2016 PA 87 and section 81a as amended by 2012 PA 366.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays,
as follows:
- Excused
- Not recorded
- Motion text
- as follows:
- Nays
- 11
- Not voting
- Not recorded
- Result
- unknown
- Vote date
- 2023-06-27
- Vote number
- 229
- Yeas
- 97
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- Senator Albert’s statement is as follows:
Proposal 3 has language noting that the state may regulate abortion after fetal viability has been reached as long as the abortion is not medically necessary to protect the mother. When this bill received a hearing in committee, the bill sponsor stated it affirms the state can regulate the provision of abortion care after fetal viability with a list of qualifiers and exemptions that are outlined in the State Constitution. I am offering this amendment in the spirit of ensuring this provision is upheld and that life after fetal viability has been reached is supported.
This amendment would require that, except in the case of a medical emergency, an attending health care professional must perform an examination to determine the probable gestational age of the unborn child. If the gestational age is after fetal viability—which is defined at 21 weeks and one day, or earlier with medical advancements—an abortion could not be performed unless it was medically necessary for the mother. The exact language is that the abortion shall not be performed unless medically indicated to protect the life or physical health or mental health of the pregnant individual, which mirrors the language in the State Constitution.
In addition to regulating abortion post-fetal viability, it is critical we define other terms like extraordinary medical measures, attending health care professional, medical emergency, mental health, and physical health. If these terms are left undefined, then they are subjective and they lead to differing applications of the law throughout our state. This amendment is necessary to truly regulate abortions post-fetal viability in our state.
The bill as written, based on the laws it repeals and its lack of important definitions, results in Michigan not having any laws on the books to regulate late-term abortions. The bill as written says the state may regulate the provision of abortion care after fetal viability, but does not take any meaningful steps to actually regulate it, and that is what my amendment is looking to rectify.
I will ask the necessary question related to this bill: Are the Democrats truly going to elect to regulate abortion post-fetal viability as our Constitution allows, or will they take the extreme position that abortion will be permissible up to the moment a child leaves the womb? Please take this opportunity to tell the state of Michigan what limitations on abortion you do support so we can ensure those limitations go into state law. A step in that direction would be supporting this amendment. We should not be allowing abortion of babies that have reached the age when they could survive outside the womb.
The following bill was read a third time:
House Bill No. 4520, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 81 and 81a (MCL 750.81 and 750.81a), section 81 as amended by 2016 PA 87 and section 81a as amended by 2012 PA 366.
The question being on the passage of the bill,
The President pro tempore, Senator Moss, assumed the Chair.
The bill was passed, a majority of the members serving voting therefor, as follows:
- Excused
- 0
- Motion text
- The bill was passed, a majority of the members serving voting therefor, as follows:
- Nays
- 16
- Not voting
- 0
- Result
- passed
- Vote date
- 2023-10-26
- Vote number
- 596
- Yeas
- 22
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- Messages from the Senate
The Speaker laid before the House
House Bill No. 4520, entitled
A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 81 and 81a
(MCL 750.81 and 750.81a), section 81 as amended by 2016 PA 87 and section 81a as amended by
2012 PA 366.
(The bill was received from the Senate on October 31, with substitute (S-1) and full title inserted,
consideration of which, under the rules, was postponed until November 1, see House Journal No. 91,
p. 2162.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays,
as follows:
- Excused
- Not recorded
- Motion text
- as follows:
- Nays
- 12
- Not voting
- Not recorded
- Result
- unknown
- Vote date
- 2023-11-02
- Vote number
- 469
- Yeas
- 97