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2007 Partial Birth Abortion Ban Act

S.B. 776  Sen. Cameron Brown
S.B. 1049  Sen. John Pappageorge
H.B. 4613  Rep. Brian Palmer
H.B. 5664  Rep. Brian Palmer

Current Status

Governor Jennifer Granholm vetoed S.B. 776 on Friday, June 13, 2008.

S.B. 1049, H.B. 4613 and H.B. 5664 were discharged from the Committee on Judiciary to the floor of the House, on May 1, 2008.

Description

This legislation makes it a felony when a physician or any other individual performs a partial birth abortion, except to save the life of the mother, or if the mother's life is "endangered by a physical disorder, physical illness, or physical injury."

The state has an interest in protecting the health and lives of its citizens. This bill will charge a physician or authorized staff who performs a PBA and kills a human baby while it is being born, with a felony punishable by imprisonment for not more than two years or a fine of not more than $50,000 or both.

This bill is to coincide with the U.S. Supreme Court ruling which upheld the Partial Birth Abortion Ban, Gonzales v. Carhart on April 18, 2007. It is especially important to establish state statute outlawing PBA since the Legal Birth Definition Act (LBDA), which would effectively ban PBA in Michigan, was once again ruled unconstitutional by the 6th Circuit Court of Appeals on June 4, 2007.  Also, the state law would provide for more responsive enforcement as federal enforcement resources are overextended.

History

H.B. 4613 was introduced on 4/19/07 and referred to the House Committee on Judiciary.

S.B. 776 was introduced on 9/17/07. The Senate Health Policy Committee reported it favorably out of committee on January 16, 2008 with a vote of 5-l, with one member absent. The Senate passed S.B. 776 on January 22, 2008, the 35th anniversary of Roe v. Wade, with a vote of 24-13, with 1 absent. The bill was referred to the House Judiciary Committee. It was discharged from the Judiciary Committee to the House floor on May 1, 2008. S.B. 776 passed in the House on May 27, 2008 with a vote of 74-32 with 2 not voting and 2 prolife members absent. The Senate referred S.B. 776 for enrollment, printing and presentation to the Governor on June 12, 2008.

H.B. 5664 and S.B. 1049, the sentencing guidelines, were introduced both in the House and the Senate on January 23, 2008 and referred to the respective Judiciary Committees.

Background

Time and experience have proven that the procedure known as partial birth abortion poses serious health risks to the mother and to date, has never been medically necessary to preserve the health of the mother. The procedure involves the vaginal birth of the child until the head emerges from its mother. At that point, the child is killed and then delivered dead.

Physicians have an interest in preserving the health and life of both the mother and child. This procedure clearly "confuses the medical, legal and ethical duties of a physician to preserve and promote life." PBA is "broadly disfavored by medical experts" and the public. There is no consensus among obstetricians that it is ever medically necessary because it has never been evaluated as to its medical advantages or disadvantages.

1996 Partial Birth Abortion Ban

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