March 21, 2006, Introduced by Senators McMANUS, BIRKHOLZ, CASSIS, CROPSEY, ALLEN, GILBERT, VAN WOERKOM, STAMAS, KUIPERS, GOSCHKA and BROWN and referred to the Committee on Health Policy.
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) A person shall not do any of the following with the intent
to compel a pregnant female to seek an abortion:
(a) Commit, attempt to commit, or conspire to commit physical
harm to the pregnant female.
(b) Engage in a willful course of conduct involving repeated
or continuing harassment of the pregnant female that would cause
her to reasonably feel terrorized, frightened, intimidated,
threatened, or harassed.
(3) A person who violates this section is guilty of a crime as
follows:
(a) For a violation of subsection (2)(a):
(i) If the act results in the death of the pregnant female, the
person is guilty of a felony punishable by imprisonment for not
more than 15 years or a fine of not more than $7,500.00, or both.
(ii) If the act results in great bodily harm to the pregnant
female, the person is guilty of a felony punishable by imprisonment
for not more than 5 years or a fine of not more than $2,500.00, or
both.
(iii) If the act results in serious or aggravated physical
injury to the pregnant female, the person is guilty of a
misdemeanor punishable by imprisonment for not more than 6 months
or a fine of not more than $500.00, or both.
(iv) If the act results in physical injury to the pregnant
female, the person is guilty of a misdemeanor punishable by
imprisonment for not more than 93 days or a fine of not more than
$500.00, or both.
(b) For a violation of subsection (2)(b):
(i) Except as provided in subparagraph (ii), the person is
guilty of a misdemeanor punishable by a fine of not more than
$1,000.00.
(ii) If the person was 18 years of age or older and the
pregnant female was less than 18 years of age, the person is guilty
of a misdemeanor punishable by a fine of not more than $2,000.00.
(4) This section does not prohibit the person from being
charged with, convicted of, or punished for any crime committed
while violating this section.
(5) 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.
(6) As used in this section, "harassment" means conduct
directed toward a pregnant female that would cause a reasonable
individual to suffer emotional distress and that actually causes
emotional distress, including, but not limited to, any of the
following:
(a) Repeatedly filing, attempting to file, or threatening to
file for divorce from a pregnant female.
(b) Repeatedly withdrawing, attempting to withdraw, or
threatening to withdraw financial support from a pregnant female
that had previously been supplied or offered.
(c) Repeatedly changing, attempting to change, or threatening
to change an existing housing or cohabitation arrangement with a
pregnant female.