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2003 Senate Bill 395: Partial birth abortion ban
Introduced by Sen. Michelle McManus (R) on April 23, 2003
To define as a legally born person for all purposes under the law a partially delivered fetus (or “perinate”), if it has a detectable heartbeat, evidence of breathing, or evidence of spontaneous movement. (Courts have traditionally used a definition based on when a fetus takes its first breath.) A doctor would be prohibited from harming a perinate unless the procedure was necessary to save the life of the mother, and every reasonable effort was made to preserve the life of both the mother and the perinate. The bill would have the effect of prohibiting “partial birth abortion” in Michigan.   Official Text and Analysis.
Referred to the Senate Judiciary Committee on April 23, 2003
Reported in the Senate on April 30, 2003
With the recommendation that the substitute (S-1) be adopted and that the bill then pass.
Substitute offered in the Senate on May 1, 2003
To replace the previous version of the bill with one which incorporates technical changes that do not affect the substance of the bill as previously described.
The substitute passed by voice vote in the Senate on May 1, 2003
Amendment offered by Sen. Gilda Jacobs (D) on May 1, 2003
TO allow a physician to perform a partial birth abortion in order to protect the health of the mother, not just to save the life of the mother.
The amendment failed 12 to 25 in the Senate on May 1, 2003.
    See Who Voted "Yes" and Who Voted "No".
Passed 24 to 12 in the Senate on May 1, 2003.
    See Who Voted "Yes" and Who Voted "No".
To define as a legally born person for all purposes under the law a partially delivered fetus (or “perinate”), if it has a detectable heartbeat, evidence of breathing, or evidence of spontaneous movement. A doctor would be prohibited from harming a perinate unless the procedure was necessary to save the life of the mother, and every reasonable effort was made to preserve the life of both the mother and the perinate. The bill would have the effect of prohibiting “partial birth abortion” in Michigan.
Received in the House on May 1, 2003
Referred to the House Families and Childrens Services Committee on May 1, 2003
Reported in the House on May 6, 2003
Without amendment and with the recommendation that the bill pass.
Amendment offered by Rep. Artina Tinsley Hardman (D) on May 14, 2003
To allow a physician to perform a partial birth abortion in order to protect the health of the mother, not just to save the life of the mother.
The amendment failed 35 to 72 in the House on May 14, 2003.
    See Who Voted "Yes" and Who Voted "No".
Substitute offered by Rep. David Robertson (R) on May 14, 2003
To replace the previous version of the bill with one which would establish circumstances in which a doctor would be allowed to perform a procedure that results in injury or death of a perinate. These would include cases where, in the physician's reasonable medical judgment, the procedure was necessary to save the life of the mother and every reasonable effort was made to preserve the life of both the mother and the perinate, or to avert an imminent threat to the physical health of the mother, and any harm to the perinate was incidental to treating the mother and not a known or intended result of the procedure performed. These would also include cases of spontaneous abortion.
The substitute passed by voice vote in the House on May 14, 2003
Amendment offered by Rep. Artina Tinsley Hardman (D) on May 14, 2003
To allow a physician to perform a partial birth abortion in order to protect the health of the mother, not just to save the life of the mother.
The amendment failed 35 to 72 in the House on May 14, 2003.
    See Who Voted "Yes" and Who Voted "No".
Passed 74 to 28 in the House on May 14, 2003.
    See Who Voted "Yes" and Who Voted "No".
To define as a legally born person for all purposes under the law a partially delivered fetus (or “perinate”), if it has a detectable heartbeat, evidence of breathing, or evidence of spontaneous movement. (Courts have traditionally used a definition based on when a fetus takes its first breath.) A doctor would be prohibited from harming a perinate unless the procedure was necessary avert an imminent threat to the physical health of the mother, or to save the life of the mother, and every reasonable effort was made to preserve the life of both the mother and the perinate. The bill would have the effect of prohibiting “partial birth abortion” in Michigan.
Vetoed by Gov. Jennifer Granholm on October 14, 2003
With insufficent votes in the legislature for an over-ride. After the governor's veto, the measure was was put before the legislature and passed by a citizen petition drive as provided by the Constitution. Under this process, the signature of the governor is not required for the measure to become law. See Initiated Law 1 of 2004, now Public Act 135 of 2004.

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