Lawful newborn surrender alone would not justify a criminal investigation

People could use a lawful newborn surrender as a defense against the child abandonment charge. The baby must be no more than 72 hours old. A covered worker is a uniformed employee or contractor who is on duty inside a fire department, licensed hospital, or police station. The defense would not apply when actual or suspected child abuse or neglect is involved. The surrender must follow Michigan’s safe delivery of newborns law. SB 1162 could not take effect unless SB 1161 also becomes law. SB 1162 would take effect 90 days after becoming law, provided SB 1161 also becomes law.

Police would be barred from starting a criminal investigation based only on a lawful newborn surrender. The restriction covers surrender to a newborn safety device or a uniformed employee or contractor on duty inside a fire department, licensed hospital, or police station. The surrender must follow Michigan’s safe delivery of newborns law. SB 1162 could not take effect unless SB 1161 also becomes law. SB 1162 would take effect 90 days after becoming law, provided SB 1161 also becomes law.