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SB 1164

SCS/SBs 1164 & 1476 - This act modifies provisions relating to adult cabaret performances. ADULT CABARET PERFORMANCE DEFINITION (67.2540) This act defines "adult cabaret performance" in regards to provisions relating to restrictions on sexually oriented businesses. SEXUALLY ORIENTED BILLBOARDS (226.531) This act adds the definition of "adult cabaret performance" in regards to sexually oriented billboards. The definition of "sexually oriented business" is modified to include any business that offers an adult cabaret performance. CIVIL ACTIONS FOR ADULT CABARET PERFORMANCES (SECTION 537.048) This act establishes a civil action brought by a resident of a city, town, or village where an adult cabaret performance is conducted against an adult cabaret performer whose adult cabaret performance contains actions or material that, proven by a preponderance of the evidence, appeal to a prurient interest in sex and occur on public property or in a location that could be viewed by a person under the age of 18. The court may award damages or injunctive relief as it deems appropriate, but no damages, except for nominal damages, shall be awarded in more than one action arising out of a single occurrence. This provision is identical to a provision in SCS/SB 295 (2025) and in SCS/HCS/HB 1464 (2025). OFFENSE OF ENGAGING IN AN ADULT CABARET (SECTION 573.010 & 573.520) This act creates the offense of engaging in an adult cabaret performance if such performance is on public property or in a location where the performance could be viewed by a person who is not an adult. Such offense shall be a class A misdemeanor for the first offense and a class E felony for any subsequent offense. These provisions are identical to provisions in SCS/SB 295 (2025), are substantially similar to provisions in SB 764 (2025) and in SCS/HCS/SB 1464 (2025), and are similar to provisions in HB 722 (2025), SB 949 (2024), in HB 1650 (2024), in HB 1849 (2024), in HB 2300 (2024), in HCS/HB 494 (2023), and SB 693 (2023). TRISTAN BENSON, JR.

2026 Regular Session Introduced by Rick Brattin

The bill prohibits Michigan law enforcement from arresting or aiding in extradition for legally protected reproductive health activities performed in Michigan.

SCS Voted Do Pass w/SCS SBs 1164 & 1476 Judiciary and Civil and Criminal Jurisprudence Committee (5210S.04C)
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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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