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HB 4069

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

2025-2026 Regular Session Introduced by Timmy Beson and 11 co-sponsors

The bill extends child abandonment protections to surrendering a newborn via an approved newborn safety device, preventing criminal investigations based solely on such surrender.

bill electronically reproduced 02/12/2025
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Bill Summary · HB 4069

Summary — House Bill 4069 (Michigan) — Amendment to Child Abandonment Statute to Recognize Newborn Safety Devices

Status: Introduced February 12, 2025; read first time Feb 12, 2025; referred to Committee on Families and Veterans. Sponsor (as introduced): Rep. Jennifer Wortz. Tie-bar: HB 4067 (companion bill regulating newborn safety devices).

Purpose / Intent

HB 4069 updates Michigan’s child abandonment statute (MCL 750.135) to expressly recognize the surrender of a newborn using a “newborn safety device” under the Safe Delivery of Newborns Law (MCL 712.1–712.20). The bill aims to make clear that surrendering a newborn to an approved device provides the same criminal-law protections currently afforded when a newborn is surrendered directly to an emergency service provider, and to limit criminal investigations based solely on such a surrender.

Key Provisions

  • Amends section 135 of the Michigan Penal Code (MCL 750.135).
  • Extends the existing affirmative defense for child abandonment to cover cases in which a newborn (no more than 72 hours old) is surrendered to either:
    • an emergency service provider (current law), or
    • a newborn safety device as defined in the Safe Delivery of Newborns Law (new explicit inclusion).
  • Adds an explicit instruction that a criminal investigation must not be initiated solely because a newborn was surrendered to an emergency service provider or a newborn safety device under the Safe Delivery of Newborns Law.
  • Retains the existing carve-out for the Born Alive Infant Protection Act (2002 PA 687): subsection (1) (the abandonment offense) does not apply to a mother who surrenders a newborn covered by that Act; it still applies to attending physicians who fail to comply with that Act.
  • Adds/clarifies definitions used in the section, including a definition referencing “newborn safety device” per MCL 712.1 and keeps existing definitions for “emergency service provider,” “fire department,” “hospital,” and “police station.”
  • Effective date: takes effect 90 days after enactment, but the act will not take effect unless the companion legislation (House Bill 4067 or the identified Senate Bill) is enacted.

Who/What Would Be Affected

  • Parents (particularly mothers) who voluntarily surrender newborns (≤72 hours old) using approved newborn safety devices would receive the same statutory protection from child abandonment prosecution as surrender to an emergency service provider.
  • Emergency service providers, hospitals, child placing agencies, and courts involved in the Safe Delivery program would operate under clarified legal protections and limitations on criminal inquiries tied to surrender events.
  • Law enforcement: restricted from initiating criminal investigations based solely on the act of surrendering a newborn under the Safe Delivery law.
  • State agencies (e.g., DHHS) and providers may be affected indirectly because HB 4069 is tied to HB 4067, which prescribes device standards, posting/notice duties, and reporting procedures.

Procedural / Timing Notes

  • Introduced Feb 12, 2025; referred to Committee on Families and Veterans.
  • Enacting section states the amendatory act takes effect 90 days after enactment, but it is conditioned on enactment of HB 4067 (or a specified Senate Bill). Thus HB 4069’s changes are contingent on passage of the companion bill that establishes or regulates newborn safety devices.

Practical Impact

HB 4069 clarifies and broadens legal protection for parents who use approved newborn safety devices by (1) ensuring the child-abandonment affirmative defense explicitly covers device surrender and (2) preventing criminal inquiries that rely solely on a lawful surrender. The bill is complementary to HB 4067, which sets standards, operational rules, and reporting requirements for newborn safety devices and the Safe Delivery program. Together, the bills are intended to facilitate anonymous, safe surrender options while protecting surrendering parents from prosecution.

Compiled from official sources — confirm details with the bill’s official record.

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