Bill
SB 1163
Bar extradition or arrest for legally protected reproductive health activities in Michigan; shields patients, providers, and helpers from out-of-state pursuit; tied to SB 1164.
Status & context
- Bill: Senate Bill 1163 (substitute S‑2)
- Subject: Amends the Uniform Criminal Extradition Act (1937 PA 144; MCL 780.1 et seq.)
- Sponsor: Senator Mallory McMorrow
- Committee: Health Policy — reported favorably (Dec 12, 2024); substitute (S‑2) passed the Senate. The bill is tie‑barred to SB 1164 and, per the bill text, does not take effect unless SB 1164 is enacted.
- Fiscal impact (committee analysis): minimal — primarily training/education for law enforcement; no fiscal impact on state/local courts or Attorney General.
Purpose / intent
- To protect people (patients, providers, and others) involved in reproductive health care that is lawful in Michigan from being arrested, surrendered, or extradited to another state based on those in‑state acts or services received in Michigan.
Key provisions
- New definitions:
- “Legally protected health activity”: seeking, providing, receiving, referring for, or assisting with reproductive health services; providing material support for travel to obtain such services; and similar conduct that is lawful in Michigan, including protections from theories of vicarious/joint/conspiracy liability — limited to activities where the provider is physically present in Michigan.
- “Reproductive health services”: broad definition covering medical, surgical, psychiatric, therapeutic, diagnostic, mental/behavioral health, preventive, prescribing/dispensing services related to the human reproductive system — explicitly includes pregnancy care, assisted reproduction, contraception, miscarriage management, termination of pregnancy, telehealth services, and self‑managed terminations.
- Limits on extradition and arrest:
- Sec. 2 / Sec. 5: Clarifies the governor’s duty to extradite fugitives generally but states that no person shall be arrested or delivered to another state’s executive authority for acts committed in Michigan or services received in Michigan that involve a “legally protected health activity.”
- Sec. 3a: Prohibits surrender of persons to another state where the acts involve a legally protected health activity.
- Sec. 12: Prevents Michigan judges from issuing arrest warrants for crimes that arise from acts committed in Michigan or services received in Michigan involving legally protected health activity (with limited carve‑outs retained elsewhere in the Act).
- Scope limitations: protections focus on acts or services that occur in Michigan and that are lawful under Michigan’s Constitution and laws; activities occurring outside Michigan remain subject to ordinary extradition rules.
Who would be affected
- Protected: patients who receive reproductive health care in Michigan (including out‑of‑state patients), health care providers physically present in Michigan, and others who assist or facilitate lawful reproductive health care in Michigan (including travel support).
- Government actors: Michigan governors, state and local law enforcement, and courts — the bill restricts their ability to arrest, surrender, or cooperate with out‑of‑state extradition requests relating to covered activities.
- Out‑of‑state prosecutors and law enforcement: may be unable to secure extradition from Michigan for covered conduct occurring in Michigan.
Practical impacts and considerations
- Provides a statutory shield in Michigan against extradition for reproductive‑health acts lawful in Michigan — intended to encourage access to care and protect providers/patients who travel to Michigan.
- Likely to require law enforcement training about the new exemptions; may prompt interstate legal tensions or litigation over interstate comity and federal constitutional obligations (e.g., Full Faith and Credit or extradition statutes).
- Tie‑bar / effective date: the enactment is conditioned on passage of SB 1164 (the bills are tied together), so both must be enacted for these provisions to take effect.
Procedural timeline (selected)
- Introduced: Nov 26, 2024 (Senate)
- Committee reported favorably and substitute S‑2 adopted: Dec 12, 2024
- Passed by Senate on substitute S‑2: Dec 12, 2024
- Subsequent legislative calendar actions and referrals occurred in 2025; enactment depends on companion SB 1164.
Compiled from official sources — confirm details with the bill’s official record.
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