Health: abortion; abortion based on screening or diagnosis of Down syndrome; prohibit. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 14a.
Impact
If enacted, the bill would impose criminal penalties for violators, establishing a felony charge that includes imprisonment of up to four years and fines up to $10,000. This aspect of the legislation emphasizes the state's intent to dissuade abortions based on genetic conditions, particularly Down syndrome. The implications of such statutory changes could lead to profound shifts in abortion practices and reproductive health discussions in the state.
Summary
Senate Bill 108 aims to amend the 1931 Michigan Penal Code by introducing a new section that prohibits performing or attempting an abortion on a pregnant woman when the abortion is sought due to a screening result indicating the unborn child may have Down syndrome or a prenatal diagnosis confirming the condition. The bill outlines specific circumstances under which the prohibition does not apply, particularly when the procedure is necessary to save the life of the woman due to a physical disorder or condition arising from the pregnancy. This adds a significant legal consideration into the abortion context in Michigan.
Contention
Debates around SB 108 likely center on the ethical and moral implications of restricting abortions based on genetic diagnoses. Supporters may argue it is vital to protect unborn children against discrimination based on disabilities, while opponents may contend that it infringes on women's rights and the autonomy to make personal medical decisions. Advocacy groups may also engage in discussions about the potential stigma associated with disabilities, arguing that the bill may exacerbate societal prejudices rather than alleviate them.
Abortions, sex-selective abortions, genetic abnormality abortions, human dismemberment abortions, and abortions after a detectable heartbeat; to provide a penalty; and to declare an emergency.
Crimes: penalties; penalties for partial-birth abortion and coercion to have abortion; increase. Amends secs. 90h & 213a of 1931 PA 328 (MCL 750.90h & 750.213a).
Protecting Individuals with Down Syndrome Act This bill creates new federal crimes related to the performance of an abortion on an unborn child who has Down syndrome. It subjects a violator to criminal penalties—a fine, a prison term of up to five years, or both. It also authorizes civil remedies, including damages and injunctive relief. A woman who undergoes such an abortion may not be prosecuted or held civilly liable.