Michigan Senate Bill SB0629

Michigan 2023-2024 Regular Session

• Introduced: 11/1/23
• Refer: 11/1/23

Caption

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.