HOUSE BILL No. 4476


     March 12, 1997, Introduced by Reps. Baird, Curtis, Wallace, Dobronski, Gire, Hanley, Brater, Profit, Price, Schroer, LaForge, Schauer, Varga, Prusi, Cherry, Parks, DeHart, Quarles, Thomas, Brewer, Leland, Agee, Dobb, Gilmer, Stallworth, Godchaux, Anthony, Scott and Galloway and referred to the Committee on Judiciary.


        A bill to amend 1931 PA 328, entitled

   "The Michigan penal code,"

   (MCL 750.1 to 750.568) by adding section 90a.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         SEC. 90A.  (1) IF A PERSON WHO KNOWS OR HAS REASON TO KNOW

 2    THAT A FEMALE IS PREGNANT PHYSICALLY INJURES HER BY COMMITTING OR

 3    ATTEMPTING TO COMMIT A CRIME AND THAT INJURY RESULTS IN A MISCAR-

 4    RIAGE OR SERIOUS PHYSICAL INJURY TO THE FETUS, THE PERSON IS

 5    GUILTY OF A FELONY PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN

 6    10 YEARS.

 7         (2) IF A PERSON BY OPERATING A VEHICLE UPON A HIGHWAY OR

 8    OTHER PUBLIC PROPERTY AT AN IMMODERATE SPEED OR IN A CARELESS,

 9    RECKLESS, OR NEGLIGENT MANNER, BUT NOT WILLFULLY OR WANTONLY,

10    CAUSES A PHYSICAL INJURY TO A PREGNANT FEMALE AND THAT INJURY

11    RESULTS IN A MISCARRIAGE OR SERIOUS INJURY TO THE FETUS, THE


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 1    PERSON IS GUILTY OF A MISDEMEANOR PUNISHABLE BY IMPRISONMENT FOR

 2    NOT MORE THAN 1 YEAR OR A FINE OF NOT MORE THAN $1,000.00, OR

 3    BOTH.

 4         (3) A CONVICTION AND TERM OF IMPRISONMENT MAY BE IMPOSED FOR

 5    A VIOLATION OF THIS SECTION REGARDLESS OF OR IN ADDITION TO A

 6    CONVICTION AND SENTENCE IMPOSED FOR ANY UNDERLYING CRIME OR

 7    ATTEMPT TO COMMIT A CRIME.  HOWEVER, THE TERM OF IMPRISONMENT

 8    PRESCRIBED BY THIS SECTION SHALL BE SERVED CONCURRENTLY WITH ANY

 9    TERM OF IMPRISONMENT IMPOSED FOR AN UNDERLYING CRIME OR ATTEMPT

10    TO COMMIT A CRIME.

11         (4) IN A PROSECUTION OF A VIOLATION OF THIS SECTION COMMIT-

12    TED DURING THE FIRST TRIMESTER OF PREGNANCY, THE PROSECUTING

13    ATTORNEY SHALL PROVE THE EXISTENCE OF THE PREGNANCY BY EVIDENCE

14    OF A LABORATORY ANALYSIS AND BY TESTIMONY OF A PHYSICIAN OR OTHER

15    LICENSED MEDICAL PROFESSIONAL.

16         (5) THIS SECTION DOES NOT APPLY TO AN ACT COMMITTED BY THE

17    PREGNANT FEMALE.

18         (6) THIS SECTION DOES NOT APPLY TO PERFORMING A LAWFUL

19    ABORTION.

20         (7) AS USED IN THIS SECTION, "SERIOUS PHYSICAL INJURY TO THE

21    FETUS" MEANS AN INJURY TO THE FETUS THAT RESULTS IN SUBSTANTIAL

22    BODILY DISFIGUREMENT TO OR SERIOUSLY IMPAIRS THE FUNCTION OF A

23    BODY ORGAN OR LIMB OF THE CHILD THAT DEVELOPS FROM THE FETUS.











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