The bill amends the Michigan Penal Code, specifically section 135, to clarify the legal definitions and implications surrounding the exposure and surrender of newborns. It establishes that a parent or individual who exposes a child under 6 years of age with the intent to injure or abandon is guilty of a felony, punishable by up to 10 years in prison. However, it introduces an affirmative defense for cases where the child is surrendered to an emergency service provider or a newborn safety device, provided that the surrender does not involve actual or suspected child abuse or neglect. Additionally, it specifies that a criminal investigation cannot be initiated solely based on the surrender of a newborn under the safe delivery of newborns law.

The bill also clarifies the definitions of key terms, including "born alive infant protection act," "emergency service provider," "newborn safety device," and "safe delivery of newborns law." It ensures that the law does not apply to mothers who surrender newborns under the born alive infant protection act and holds attending physicians accountable if they fail to comply with the act's requirements. The amendments take effect 90 days after enactment and are contingent upon the passage of related legislation.

Statutes affected:
House Introduced Bill: 750.135