Bill Text: MI SB1164 | 2023-2024 | 102nd Legislature | Engrossed
Bill Title: Criminal procedure: other; use of certain criminal processes against an individual providing certain reproductive health services; limit. Amends sec. 1, ch. I & sec. 7, ch. XVI of 1927 PA 175 (MCL 761.1 & 776.7) & adds sec. 1h to ch. IV. TIE BAR WITH: SB 1163'24
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed) 2024-12-13 - Motion To Discharge Committee Approved [SB1164 Detail]
Download: Michigan-2023-SB1164-Engrossed.html
Substitute For
SENATE BILL NO. 1164
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 1 of chapter I and section 7 of chapter XVI (MCL 761.1 and 776.7), section 1 of chapter I as amended by 2017 PA 2, and by adding section 1h to chapter IV.
the people of the state of michigan enact:
(a) "Act" or "doing of an act" includes an omission to act.
(b) "Clerk" means the clerk or a deputy clerk of the court.
(c) "Complaint" means a written accusation, under oath or upon on affirmation, that a felony, misdemeanor, or ordinance violation has been committed and that the person named or described in the accusation is guilty of the offense.
(d) "County juvenile agency" means that term as defined in section 2 of the county juvenile agency act, 1998 PA 518, MCL 45.622.
(e) "Federal law enforcement officer" means an officer or agent employed by a law enforcement agency of the United States government whose primary responsibility is enforcing laws of the United States.
(f) "Felony" means a violation of a penal law of this state for which the offender, upon on conviction, may be punished by imprisonment for more than 1 year or an offense expressly designated by law to be a felony.
(g) "Indictment" means 1 or more of the following:
(i) An indictment.
(ii) An information.
(iii) A presentment.
(iv) A complaint.
(v) A warrant.
(vi) A formal written accusation.
(vii) Unless a contrary intention appears, a count contained in any document described in subparagraphs (i) through (vi).
(h) "Jail", "prison", or a similar word includes a juvenile facility in which a juvenile has been placed pending trial under section 27a of chapter IV.
(i) "Judicial district" means the following:
(i) With regard to the circuit court, the county.
(ii) With regard to municipal courts, the city in which the municipal court functions or the village served by a municipal court under section 9928 of the revised judicature act of 1961, 1961 PA 236, MCL 600.9928.
(iii) With regard to the district court, the county, district, or political subdivision in which venue is proper for criminal actions.
(j) "Juvenile" means a person within the jurisdiction of the circuit court under section 606 of the revised judicature act of 1961, 1961 PA 236, MCL 600.606.
(k) "Juvenile facility" means a county facility, an institution operated as an agency of the county or family division of the circuit court, or an institution or agency described in the youth rehabilitation services act, 1974 PA 150, MCL 803.301 to 803.309, to which a juvenile has been committed under section 27a of chapter IV.
(l) "Legally protected health activity" means seeking, providing, receiving, or referring for reproductive health services; assisting in seeking, providing, or receiving reproductive health services; providing material support for traveling to receive reproductive health services; or other similar conduct, that is not unlawful in this state, including under any theory of vicarious, joint, several, or conspiracy liability, to the extent the activity is not in violation of the state constitution of 1963 or other law of this state, and if the provider is physically present in this state.
(m) (l) "Magistrate" means a judge of the district court or a judge of a municipal court. Magistrate does not include a district court magistrate, except that a district court magistrate may exercise the powers, jurisdiction, and duties of a magistrate if specifically provided in this act, the revised judicature act of 1961, 1961 PA 236, MCL 600.101 to 600.9947, or any other statute. This definition does not limit the power of a justice of the supreme court, a circuit judge, or a judge of a court of record having jurisdiction of criminal cases under this act, or deprive him or her the justice or judge of the power to exercise the authority of a magistrate.
(n) (m) "Minor offense" means a misdemeanor or ordinance violation for which the maximum permissible imprisonment does not exceed 92 days and the maximum permissible fine does not exceed $1,000.00.
(o) (n) "Misdemeanor" means a violation of a penal law of this state that is not a felony or a violation of an order, rule, or regulation of a state agency that is punishable by imprisonment or a fine that is not a civil fine.
(p) (o) "Ordinance violation" means either of the following:
(i) A violation of an ordinance or charter of a city, village, township, or county that is punishable by imprisonment or a fine that is not a civil fine.
(ii) A violation of an ordinance, rule, or regulation of any other governmental entity authorized by law to enact ordinances, rules, or regulations that is punishable by imprisonment or a fine that is not a civil fine.
(q) (p) "Person", "accused", or a similar word means an individual or, unless a contrary intention appears, a public or private corporation, partnership, or unincorporated or voluntary association.
(r) (q) "Property" includes any matter or thing upon on or in respect to which an offense may be committed.
(s) (r) "Prosecuting attorney" means the prosecuting attorney for a county, an assistant prosecuting attorney for a county, the attorney general, the deputy attorney general, an assistant attorney general, a special prosecuting attorney, or, in connection with the prosecution of an ordinance violation, an attorney for the political subdivision or governmental entity that enacted the ordinance, charter, rule, or regulation upon on which the ordinance violation is based.
(t) (s) "Recidivism" means any rearrest, reconviction, or reincarceration in prison or jail for a felony or misdemeanor offense or a probation or parole violation of an individual as measured first after 3 years and again after 5 years from the date of his or her the individual's release from incarceration, placement on probation, or conviction, whichever is later.
(u) "Reproductive health services" means all services, care, or products of a medical, surgical, psychiatric, therapeutic, diagnostic, mental health, behavioral health, preventative,
rehabilitative, supportive, consultative, referral, prescribing, or
dispensing nature relating to the human reproductive system, including, but not limited to, endocrine health care, provided in accordance with the state constitution of 1963 and the laws of this state, whether provided in person or by means of telehealth or telehealth services, which includes, but is not limited to, all services, care, and products relating to pregnancy, assisted reproduction, contraception, miscarriage management or the termination of a pregnancy, and self-managed terminations.
(v) (t) "Taken", "brought", or "before" a magistrate or judge for purposes of criminal arraignment or the setting of bail means either of the following:
(i) Physical presence before a judge or district court magistrate.
(ii) Presence before a judge or district court magistrate by use of 2-way interactive video technology.
(w) (u) "Technical parole violation" means a violation of the terms of a parolee's parole order that is not a violation of a law of this state, a political subdivision of this state, another state, or the United States or of tribal law.
(x) (v) "Technical probation violation" means a violation of the terms of a probationer's probation order that is not a violation of a law of this state, a political subdivision of this state, another state, or the United States or of tribal law.
(y) (w) "Writing", "written", or a similar term refers to words printed, painted, engraved, lithographed, photographed, copied, traced, or otherwise made visible to the eye.
Sec. 1h. (1) A law enforcement officer or a peace officer shall not arrest any person for performing a legally protected health activity.
(2) A law enforcement agency of this state or any political subdivision of this state shall not cooperate with, assist in, or provide information to any out-of-state law enforcement agency regarding an investigation into a legally protected health activity.
Sec. 7. (1) Whenever Subject to subsection (3), if a demand shall be is made upon on the governor of this state by the governor of any other state or territory in any case authorized by the constitution and laws of the United States for the delivery over of any person an alleged fugitive charged in such the other state or territory with treason , felony or any other crime and there shall be is produced with such the demand a copy of the indictment found or information filed, or affidavit or complaint made before a magistrate of the other state or territory demanding, charging the person so demanded alleged fugitive with having committed treason , felony, or other crime within such the state or territory, duly certified as authentic by the governor or chief magistrate of the other state or territory from whence where the person so charged alleged fugitive fled, with due proof of the fleeing, it shall be is the duty of the governor of this state to issue an order or warrant to the sheriff of the county in which such person so charged the alleged fugitive may be found, commanding him to forthwith the sheriff to arrest such the alleged fugitive and to deliver him the alleged fugitive to the duly authorized agent appointed by the executive authority making such the demand to receive him the alleged fugitive and remove him take the alleged fugitive to the proper place location for prosecution.
(2) But the The sheriff, while the alleged fugitive is in his the sheriff's custody and before delivering him up the alleged fugitive to the agent of the demanding state, shall afford him the alleged fugitive every facility to enable him the alleged fugitive to have a judicial examination if he the alleged fugitive desires it, by habeas corpus or otherwise, to ascertain whether the demand and arrest have been made conformably to in conformity with the requirements of law. so that such person if he ought not to be delivered may be duly discharged, and the If the demand and arrest have not been made in conformity with the requirements of law, the alleged fugitive may be discharged. The attorney general, when if required by the governor, shall forthwith investigate the grounds of a demand and report to the governor all material facts , which may come to his knowledge, as to the situation and circumstances of the person so demanded, and especially whether he alleged fugitive, including both of the following:
(a) Whether or not the alleged fugitive is held in custody or is under recognizance to answer for any offense against the laws of this state, or of the United States or by virtue of any civil process. , and also whether such
(b) Whether or not the demand was made conformably to in conformity with the law, so that such person ought not to be delivered up. and, if the demand was not made in conformity with the law, whether or not the alleged fugitive should be delivered to the other state or territory.
(3) Except as required by federal law, no demand for the extradition of a person charged with a legally protected health activity may be recognized by the governor unless the executive authority of the demanding state alleges in writing that the alleged fugitive was physically present in the demanding state at the time of the commission of the alleged crime and that thereafter the alleged fugitive fled from that state.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 1163 of the 102nd Legislature is enacted into law.
