Prolife legislation moving again

With the new legislative session now underway in Lansing, prolife bills are already making their appearance on the Capitol agenda. In late January, Senator Bill Van Regenmorter introduced Senate Bill 71 to amend Michigan's three-year-old Prenatal Protection Act. That law provides for a separate set of charges to be brought for injury or death to an unborn child when a criminal action is taken against a pregnant woman.

S.B. 71 is needed to close a loophole in the law resulting from a judge's unusual interpretation of the statute. A judge dismissed a murder charge against a man for the death of his unborn child that occurred when the man murdered his pregnant wife. The law states that causing a "miscarriage or stillbirth" is a homicide. Because the unborn child died in utero with the mother and was not expelled from her body, the judge ruled the law was not technically violated. S.B. 71 makes clear that "causing the death" of the child is a crime.

The bill passed unanimously from the Senate Judiciary Committee on February 7, and then was approved 32-0 by the full Senate on February 15. The House of Representatives Criminal Justice Committee unanimously passed the bill on March 6 with the full House passing the bill, 84-21, on March 8. After the Governor's signature, the law will take effect on June 1, 2001.

Other legislation expected to receive attention during the spring legislative session includes a bill to provide a one-time tax exemption for families who have had a late pregnancy stillborn child (H.B. 4165) and a revised version of legislation to eliminate coverage for elective abortion from health insurance plans. Bills passed late in 2000 to remove the coverage were unexpectedly "pocket vetoed" by Governor Engler. Efforts to address the governor's technical concerns with the legislation are ongoing.

Back to Table of Contents