The bill amends the Michigan Penal Code by adding two new sections, 89a and 322a, collectively referred to as the "justice for babies in the womb act." These sections establish that the definitions of assault and homicide apply to unborn children in the same manner as they do to individuals who have been born alive. The bill specifies that unintentional injury or death of an unborn child will not be considered a violation of the law if it results from life-saving procedures for the mother, procedures intended to save the unborn child, or spontaneous miscarriages. Additionally, it clarifies that enforcement of these provisions will follow the same legal principles applicable to cases involving born individuals.
Furthermore, the bill introduces definitions for "spontaneous miscarriage" and "unborn child," emphasizing that an unborn child is recognized as a living human being from the moment of fertilization. It also includes a provision that allows the common law defense of duress to be applicable in cases where the defendant is the mother of the unborn child. Lastly, the bill repeals Section 322 of the Michigan Penal Code, which may have previously addressed related issues.
Statutes affected: House Introduced Bill: 750.1, 750.568, 750.322