Children: protection; reference in Michigan penal code to surrender of a newborn under the newborn safe delivery law; revise. Amends sec. 135 of 1931 PA 328 (MCL 750.135). TIE BAR WITH: SB 0627'23
Impact
The impact of SB 629 on state laws involves a clearer delineation of responsibilities and protections for both parents and children in Michigan. By specifying safe delivery mechanisms for newborns, the bill reinforces the importance of ensuring that babies who are surrendered receive immediate protection and care. This amendment might also reduce legal ambiguities surrounding child abandonment cases, potentially leading to fewer criminal investigations where surrendering a newborn pertains to adherence to the law under specific circumstances. It aims to provide legal backing for parents who relinquish their newborns safely, thus contributing to child welfare.
Summary
Senate Bill 629 aims to amend the Michigan Penal Code, specifically section 135, which addresses the legal ramifications for individuals, particularly parents, who expose or abandon children under the age of six. Under the proposed amendment, parents can face felony charges, with punishments extending to a maximum of ten years of imprisonment if they expose their child with the intent to cause harm or abandon them. However, the amendment makes an important distinction regarding newborns. If a child is surrendered to an emergency service provider within 72 hours of birth, this action serves as an affirmative defense against prosecution, provided there are no indicators of child abuse or neglect involved.
Contention
Notable points of contention surrounding this bill include the implications for parents who may feel pressured to abandon their child under dire circumstances. Advocates for children’s rights and protection may express concerns about the definitions of abandonment and exposure, arguing that further clarity is necessary to prevent the unwarranted prosecution of parents in desperate situations. Additionally, there might be discussions about the adequacy of existing resources and services that support new parents, raising questions about societal support structures for vulnerable families, which the bill indirectly touches upon.
Same As
Children: protection; safe delivery of newborns law; modify definition of newborn and allow surrender to a newborn safety device. Amends secs. 1, 2, 3, 5, 7, 10, 17 & 20, ch. XII of 1939 PA 288 (MCL 712.1 et seq.) & adds sec. 3a to ch. XII.
Children: protection; reference in Michigan penal code to surrender of a newborn under the newborn safe delivery law; revise. Amends sec. 135 of 1931 PA 328 (MCL 750.135). TIE BAR WITH: HB 4067'25
Children: protection; safe delivery of newborns law; modify definition of newborn and allow surrender to a newborn safety device. Amends secs. 1, 2, 3, 5, 7, 10, 17 & 20, ch. XII of 1939 PA 288 (MCL 712.1 et seq.) & adds sec. 3a to ch. XII.
Children: protection; safe delivery of newborns law; modify definition of newborn and allow surrender to a newborn safety device. Amends secs. 1, 2, 3, 5, 7, 10, 17 & 20, ch. XII of 1939 PA 288 (MCL 712.1 et seq.) & adds sec. 3a to ch. XII.
Children: protection; reporting death of a newborn after surrender to a newborn safety device; expand. Amends sec. 2843 of 1978 PA 368 (MCL 333.2843). TIE BAR WITH: SB 0627'23
Children: protection; surrender of a newborn to a baby drop box under safe delivery of newborn law; allow. Amends secs. 1, 2, 3, 5 & 17, ch. XII of 1939 PA 288 (MCL 712.1 et seq.) & adds secs. 3a & 3b to ch. XII.
Children: protection; reporting death of a newborn after surrender to a newborn safety device; expand. Amends sec. 2843 of 1978 PA 368 (MCL 333.2843). TIE BAR WITH: HB 4067'25
Children: protection; the Michigan penal code; amend to reflect amendments to the public health code. Amends secs. 135 & 157m of 1931 PA 328 (MCL 750.135 & 750.157m). TIE BAR WITH: HB 5477'24
Health: abortion; failure to render immediate medical care if abortion results in a live birth; provide penalties. Amends secs. 1 & 3 of 2002 PA 687 (MCL 333.1071 & 333.1073).