Michigan Lawyer for Fetuses Bill (HB 4957)
This law was last updated on Sep 13, 2019
HB 4957 would amend the Michigan Penal Code to allow a court to appoint an advocate to represent the interests of a fetus for any criminal prosecution case related to child abuse.
The advocate would be allowed to do any of the following:
- Monitor the case;
- Consult an individual with information that may aid the judge or review records related to the condition of the fetus and a defendant’s actions, including police records;
- Attend hearings;
- Recommend and coordinate appropriate expert testimony;
- Prepare and present a victim impact statement on behalf of the fetus; and
- Present other information or recommendations to the court that are related to a determination regarding the interests of the fetus or the interests of justice.
If a court appoints an advocate—either by its own motion or upon the motion of any party—they must do so from a list provided by child protective services. The list would need to include the following:
- Name and contact information of licensed attorneys who have knowledge of the legal system as is relates to “unborn human fetus” issues; and
- Names and contact information of Michigan law schools that have students, or anticipate having students, with an interest in the legal system as it relates to “unborn human fetus” issues.
The lawyer or law student would be eligible to serve on a voluntary basis as an advocate.
9/12/19 – Introduced; referred to Committee on Judiciary.