2011 Senate Bill 160 / Public Act 168

Ban “partial birth abortion”

Introduced in the Senate

Feb. 17, 2011

Introduced by Sen. Arlan Meekhof (R-30)

To prohibit “partial birth abortions” as defined in the bill, unless in a physician's reasonable medical judgment a partial-birth abortion is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury. The bill does not specify a "health of the mother" exception. Violation would be subject the abortion provider (but not the mother) to up to two years in prison and a $50,000 fine; the father could sue the physician for damages (but could not sue the mother). The bill contains a detailed list of “legislative findings” regarding this practice.

Referred to the Committee on Judiciary

March 3, 2011

Reported without amendment

With the recommendation that the bill pass.

Sept. 20, 2011

Substitute offered

To replace the previous version of the bill with one that removes the list of "legislative findings," and just includes the actual provisions of the proposed new law, minus the associated commentary.

The substitute passed by voice vote

Amendment offered

To establish that if passed the bill will go into effect on Jan. 1, 2012.

The amendment passed by voice vote

Sept. 21, 2011

Amendment offered by Sen. Rebekah Warren (D-18)

To create an exemption from the proposed partial birth abortion ban "when a physician is treating a pregnancy loss".

The amendment failed by voice vote

Amendment offered by Sen. Vincent Gregory (D-14)

To exempt pregnancies that are the result of incest or rape from the proposed partial birth abortion ban.

The amendment failed 9 to 27 (details)

Amendment offered by Sen. Rebekah Warren (D-18)

To establish in statute that "every individual has a fundamental right to contraceptives".

The amendment failed 9 to 27 (details)

Amendment offered by Sen. Rebekah Warren (D-18)

To limit the proposed ban to pregnancies in the "post-viability" stage, defined as, in the judgment of a doctor, "there is reasonable likelihood of the fetus’s sustained survival outside the uterus without the application of extraordinary medical measures".

The amendment failed by voice vote

Amendment offered by Sen. Glenn Anderson (D-6)

To add a "health of the mother" exception to the proposed partial birth abortion ban.

The amendment failed 9 to 27 (details)

Amendment offered by Sen. Rebekah Warren (D-18)

To strip out the bill's "severability" clause, which establishes that if one part of the proposed law is ruled unconstitutional, the rest of it remains in effect.

The amendment failed by voice vote

Passed in the Senate 29 to 8 (details)

To prohibit “partial birth abortions” as defined in the bill, unless in a physician's reasonable medical judgment a partial-birth abortion is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury. The bill does not specify a "health of the mother" exception. Violation would be subject the abortion provider (but not the mother) to up to two years in prison and a $50,000 fine; the father could sue the physician for damages (but could not sue the mother).

Received in the House

Sept. 21, 2011

Referred to the Committee on Families, Children and Seniors

Sept. 27, 2011

Reported without amendment

With the recommendation that the following amendment be adopted and that the bill then pass.

Amendment offered

To establish that the proposed law does not create a "right" to an abortion, which would still be subject to state regulations and limitations.

The amendment passed by voice vote

Amendment offered by Rep. Lisa Brown (D-39)

To limit the proposed ban to pregnancies in the "post-viability" stage, defined as, in the judgment of a doctor, "there is reasonable likelihood of the fetus’s sustained survival outside the uterus without the application of extraordinary medical measures".

The amendment failed by voice vote

Amendment offered by Rep. Joan Bauer (D-68)

To create an exemption from the proposed partial birth abortion ban "when a physician is treating a pregnancy loss".

The amendment failed by voice vote

Amendment offered by Rep. Dian Slavens (D-21)

To add a "health of the mother" exception to the proposed partial birth abortion ban.

The amendment failed by voice vote

Amendment offered by Rep. Maureen Stapleton (D-4)

To exempt pregnancies that are the result of incest or rape from the proposed partial birth abortion ban.

The amendment failed by voice vote

Sept. 28, 2011

Passed in the House 75 to 34 (details)

To prohibit “partial birth abortions” as defined in the bill, unless in a physician's reasonable medical judgment a partial-birth abortion is necessary to save the life of a mother whose life is endangered by a physical disorder, physical illness, or physical injury. The bill does not specify a "health of the mother" exception. Violation would be subject the abortion provider (but not the mother) to up to two years in prison and a $50,000 fine; the father could sue the physician for damages (but could not sue the mother).

Received in the Senate

Sept. 28, 2011

Passed in the Senate 29 to 9 (details)

To concur with the House-passed version of the bill.

Signed by Gov. Rick Snyder

Oct. 11, 2011