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SB 1164

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.

2023-2024 Regular Session Introduced by Mallory McMorrow

Prohibits arrest or extradition cooperation for legally protected reproductive health activities performed or received in Michigan.

placed on second reading
#criminalprocedure:other
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Bill Summary · SB 1164

SB 1164 — Summary (Michigan Code of Criminal Procedure amendments)

Status: Passed Senate and House; transmitted to Governor 4/15/2025; vetoed by Governor 4/18/2025.
Tie‑barred to SB 1163.

Purpose / Intent

SB 1164 seeks to limit the use of Michigan criminal processes (including arrest and extradition cooperation) against people who perform, assist with, or receive reproductive health services that are lawful in Michigan. The bill is aimed at protecting patients and providers located in Michigan from out‑of‑state criminal enforcement or extradition based on conduct that Michigan law permits.

Key provisions

  • Statutory changes: amends section 1, chapter I (MCL 761.1) and section 7, chapter XVI (MCL 776.7) of the Code of Criminal Procedure and adds a new section 1h to chapter IV.
  • New definitions:
    • “Legally protected health activity” — broadly defined to include seeking, providing, receiving, referring for, or assisting with reproductive health services (including travel support and “material support”), and other similar conduct that is lawful in Michigan and where the provider is physically present in Michigan.
    • “Reproductive health services” — defined to include medical, surgical, diagnostic, mental/behavioral health, contraception, miscarriage management, assisted reproduction, termination of pregnancy, and self‑managed terminations, including services provided via telehealth, when lawful under Michigan law and the State Constitution.
  • Arrest and enforcement limits:
    • Prohibits a law enforcement officer from arresting a person for performing a “legally protected health activity.”
    • Prohibits a law enforcement agency from cooperating with, assisting, or providing information to an out‑of‑state law enforcement agency regarding investigations into legally protected health activities.
  • Extradition limits:
    • The Governor may not recognize or comply with another state’s demand for extradition of a person charged for receiving or performing a legally protected health activity — except as required by federal law.
    • Requires a demanding state to allege in writing that the alleged fugitive was physically present in the demanding state at the time of the alleged offense and then fled, before Michigan will recognize the extradition demand.
  • Recordkeeping/other process changes: the bill revises relevant warrant/extradition procedures (conforming changes to the Code of Criminal Procedure).

Who is affected

  • Patients, clinicians, escorts, and others who seek, provide, assist with, or facilitate reproductive health services in Michigan.
  • Michigan law enforcement agencies and the Governor’s extradition/commutation functions (they would be restricted from cooperating in out‑of‑state criminal enforcement for conduct lawful in Michigan).
  • Out‑of‑state jurisdictions seeking extradition or investigative assistance related to reproductive health acts carried out in Michigan.

Limits and qualifications

  • Protections apply only to conduct that is not unlawful under Michigan law or the State Constitution and (for providers) when the provider is physically present in Michigan.
  • The bill does not (on its face) override federal law; extradition/cooperation required by federal statutes or federal court orders may still apply.
  • The measure was reported to have minimal fiscal impact, aside from potential training for law enforcement.

Legislative action / Notes

  • Bill is tie‑barred to SB 1163 (which addresses the Uniform Criminal Extradition Act).
  • Although passed by the Legislature, the bill was vetoed by the Governor on April 18, 2025.

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

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