Michigan House Bill HB5489

Michigan 2023-2024 Regular Session

• Introduced: 2/22/24
• Refer: 2/22/24

Caption

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

Impact

One notable aspect of this bill is the introduction of affirmative defenses for mothers who surrender newborns to designated emergency service providers, such as hospitals or police stations. In these instances, the law prevents criminal investigations solely based on the act of surrendering a child who is not more than 72 hours old, thus encouraging the surrender of infants rather than abandonment. This amendment aims to balance the enforcement of laws against abandonment while providing a compassionate response to desperate situations.

Summary

House Bill 5489 proposes amendments to the Michigan penal code, specifically targeting laws related to child abandonment. The bill seeks to enhance protections for children, particularly those under the age of six years. It establishes that a parent or guardian who leaves a child exposed in potentially harmful situations with the intent to injure or abandon them may face felony charges, carrying a maximum sentence of ten years in prison. This aims to deter such actions and safeguard vulnerable children from neglect and endangerment.

Contention

The discussions surrounding HB 5489 may center on the balance between protecting children and ensuring that the laws do not inadvertently punish parents in distress. Those in favor argue that it enhances child protection and provides necessary legal clarity. Critics may raise concerns about the implications for maternal rights, particularly regarding how surrendering a child is viewed legally and socially. Additionally, clarity on the definition of an 'emergency service provider' may also arise as a point of debate.