Michigan House Bill HB4069

Michigan 2025-2026 Regular Session

• Introduced: 2/12/25
• Refer: 2/12/25

Caption

Children: protection; reference in Michigan penal code to surrender of a newborn under the newborn safe delivery law; revise. Amends sec. 135 of 1931 PA 328 (MCL 750.135). TIE BAR WITH: HB 4067'25

Impact

One significant component of HB4069 is the affirmative defense clause, which allows for certain legal protections if a newborn less than 72 hours old is surrendered to emergency service providers or newborn safety devices. This provision aims to de-incentivize abandonment by outlining a safer and legal avenue for parents facing challenging circumstances. Importantly, the bill stipulates that a criminal investigation cannot solely arise from the act of surrendering a newborn, thereby providing additional safeguards for individuals in distress.

Summary

House Bill 4069 aims to amend the Michigan penal code with regard to the treatment of newborns under specific circumstances. The bill primarily addresses the legal implications for parents or individuals who expose a child under the age of six years in a manner that could be deemed injurious or as an act of abandonment. If passed, individuals found guilty could face a felony charge punishable by imprisonment for up to ten years. The amendments proposed in this bill are intended to enhance the legal framework for the protection of young children, particularly in contexts involving vulnerable situations such as abandonment.

Contention

The bill includes specific language exempting mothers who surrender newborns under the born alive infant protection act from prosecution under the abandonment clause. However, it also outlines obligations for medical professionals who may be involved in the delivery of a child resulting from an attempted abortion, which could lead to liability if proper protocols are not followed. This aspect may elicit debate about the balance between parental rights, child welfare, and the role of healthcare providers in these sensitive situations. Overall, the proposed amendments indicate a shift towards more supportive measures for new parents while emphasizing child safety.