Parental Consent Enhanced Penalties
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Current Status S.B. 115 and 116 were introduced on March 1, and were referred to the Senate Government Operations Committee. Description S.B. 115 increases the penalty for intentionally performing an abortion on a minor without the consent of a parent or guardian from a misdemeanor to a felony, and adds specific penalties for a violation including, imprisonment for not more than 4 years or a fine of 3 not more than $10,000.00 or both. S.B. 116 updates the sentencing guidelines in the Michigan penal code for a violation of this act. Background Prop 3 states “[e]very individual has a fundamental right to reproductive freedom…An individual’s right to reproductive freedom shall not be denied, burdened, nor infringed upon unless justified by a compelling state interest achieved by the least restrictive means” (emphasis added). The term individual is not defined anywhere in the Michigan constitution leading to the concern that the term individual is an all-encompassing term that includes minors as well as adults. Polls consistently show that a majority of people across Michigan and the United States do not want their children to receive an abortion without their knowledge or permission, even if they think abortion should be legal. Increasing the penalties through S.B. 115 and 116 is a way to demonstrate a commitment to the people of Michigan to hold to current law even with the newly created right added to the Michigan constitution. History The parental consent for abortion law known as P.A. 211 of 1990 was enacted by majority votes in the Michigan House (61-40) and Senate (28-9) on September 12, 1990, following a citizen’s initiative. Right to Life of Michigan obtained over 333,000 signatures in under 100 days in order to bypass the Governor’s Veto. A court challenge was brought to the law by Planned Parenthood and the ACLU in February 1991. After several court proceedings, in 1992, Judge Schaefer ordered P.A. 211 enjoined on the basis that the definition of a medical emergency was unconstitutionally vague. In his opinion Judge Schaefer suggested that the language of the definition required legislative amendment to be found constitutional. H.B. 6099 was introduced on September 16, 1992 with 55 co-sponsors. The bill provided the necessary amendments to the emergency definition and was passed by the House on September 30, and by the Senate on November 5. The bill was signed by Governor Engler on November 18 and became P.A. 244 of 1992. Since the passage of the Parental Rights Restoration Act, teen abortions have decreased by over 75%. |