This bill amends Section 135 of the Michigan Penal Code to enhance the legal framework surrounding the exposure and surrender of newborns. It specifies 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. The bill introduces an affirmative defense for cases where a child is surrendered to an emergency service provider or a newborn safety device, provided that the child is not more than a certain age and that there is no suspicion of child abuse or neglect. Additionally, it clarifies 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 includes definitions for terms such as "born alive infant protection act," "emergency service provider," "newborn safety device," and "safe delivery of newborns law," which are essential for understanding the legal context of the amendments. It further stipulates that the amendments will take effect 90 days after being enacted into law, contingent upon the enactment of Senate Bill No. 1161. Overall, the bill aims to provide legal protections for parents surrendering newborns safely while ensuring that those who abandon children with harmful intent are held accountable.

Statutes affected:
Senate Introduced Bill: 750.135