March, 2023

We offer, on a continuing basis, summaries of recently signed, recently passed, and important proposed state legislation as a supplement to our annual survey.

INTRODUCED

Repeal Offense of Procuring Miscarriage (Abortion)

HB 4006 would amend the penal code by repealing MCL 750.14, which penalizes the procurement of miscarriage (abortion) as manslaughter. The bill was introduced in the House on January 12, 2023. SB 39, with similar language, was introduced in the Senate on January 24, 2023. SB 2, introduced on January 12, 2023, would repeal MCL 750.40, which created the misdemeanor offense of publishing cures for conceptive preventatives.

Create Venue in Related Counties for Delivery of Controlled Substance Causing Death

HB 4024 would amend MCL 750.317a to extend venue for prosecution of delivery of a controlled substance causing death to a county where 1) the delivery of the controlled substance occurred, 2) the controlled substance was consumed, or 3) the death caused by the delivery occurred. The bill was introduced in the House on January 18, 2023.

Repeal Offense of Unmarried Cohabitation

SB 56 would amend MCL 750.335 to remove the offense of lewd and lascivious cohabitation. The bill was introduced in the Senate on February 7, 2023.

Create Penalty for Leaving Firearm Accessible to Minor

SB 79 would amend MCL 28.429 to create the offense of leaving a firearm accessible to a minor. To comply with the bill, an individual must follow certain measures to make the firearm inaccessible. The offense would be a misdemeanor. It would be a felony if a minor accesses and uses the firearm in certain ways. The bill was introduced in the Senate on February 16, 2023.

by John Zevalking
Associate Editor