Coercive Abortion Prevention Act (CAPA)

H.B. 4525 Rep. Paul Opsommer
H.B. 4526 Rep. Joel Sheltrown
H.B. 5411 Rep. Dave Agema

Current Status
H.B. 4525 and 4526 were introduced on March 10, 2009 are referred to the Committee on Judiciary. H.B. 5411 was introduced on September 17, 2009 and also referred to the Committee on Judiciary. The bills are not expected to receive any action by the committee in the foreseeable future.

Description
H.B. 4525 Coercive Abortion Prevention Act amends the penal code to define specific actions as criminal if they are intended to coerce a pregnant woman into seeking an abortion. The penalty would be doubled for acts that are already physical crimes (assault, stalking, attempted murder). A misdemeanor charge for actions that do not physically threaten a woman, but clearly constitute a coercive element (relationship, financial or housing arrangements) would subject the perpetrator to fines up to $2000.These threats must be part of a pattern of repeated, harassing behavior, not a single statement or angry remark. If the pregnant woman is under the age of 18 and the perpetrator of the coercion is the adult father of the unborn child, the punishment would be imprisonment for not more than 1 year or a fine of not more than $5000, or both.

H.B. 4526 provides sentencing Guidelines provides direction to the courts regarding the length of sentence given to someone convicted under the law.

H.B. 5411requires that abortion providers conduct a thorough screening of their patients for potential coercion or domestic violence as related to each woman's basis for seeking an abortion. The package also requires abortion clinics to post a prominent notice (sign) stating that it is illegal to coerce or intimidate a woman into seeking an abortion. The Michigan Department of Community Health would be required to develop detailed protocols for the coercion screening and the specifics of the sign that must be posted.

Background
Research has been compiled documenting that many women feel forced by others to have an abortion against their will. In fact it stands that 64 percent of post abortive women felt 'pressured' to abort and 8 out of 10 women would have had their baby if someone would have supported them in their decision. The intent of these bills is to prevent coercion, especially from escalating into physical violence or even murder, which is the leading cause of death among pregnant women. These bills will give women the legal backing they need to stand up to their boyfriends, husbands, parents, or someone else in authority, who may be coercing them to abort.

Studies reveal that there is a correlation between domestic violence and abortion patients. Studies also show that those women who have a history of sexual or physical abuse also have a higher rate of repeat abortions. The repeat abortion rate in Michigan was 48% in 2007.

History
H.B. 4652-4656 were introduced in the House on 4/24/07 and referred to the House Committee on Judiciary and never taken up.

The CAPA bills previously called H.B. 5879 - 5883 were introduced in the House on 3/16/06 and identical versions in the Senate on 3/2l /06. Testimony on the House bills were heard before the House Judiciary Committee on 5/10/06. The bills were reported out of committee with substitutes recommended by the bill sponsors on 5/24/06. The substitutes were strengthened and passed in the House on 7/26/06.The vote follows: H.B. 5879 67-38, H.B. 5880 67-38, H.B. 5881 66-36, H.B. 5882 67-38, H.B. 5883 68-37. The bills died in the Senate.

Summary & Talking Points

Questions & Answers

Studies & Stories