Bill Text: MI HB4479 | 2015-2016 | 98th Legislature | Engrossed
Bill Title: Crimes; assaultive; assault or battery of a pregnant woman; increase penalties under certain circumstances. Amends sec. 81 of 1931 PA 328 (MCL 750.81).
Spectrum: Bipartisan Bill
Status: (Passed) 2016-04-27 - Assigned Pa 87'16 With Immediate Effect [HB4479 Detail]
Download: Michigan-2015-HB4479-Engrossed.html
HB-4479, As Passed Senate, April 14, 2016
SUBSTITUTE FOR
HOUSE BILL NO. 4479
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 81 (MCL 750.81), as amended by 2012 PA 366.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 81. (1) Except as otherwise provided in this section, a
person who assaults or assaults and batters an individual, if no
other punishment is prescribed by law, is guilty of a misdemeanor
punishable by imprisonment for not more than 93 days or a fine of
not more than $500.00, or both.
(2)
Except as provided in subsection (3), or (4), or (5), an
individual who assaults or assaults and batters his or her spouse
or former spouse, an individual with whom he or she has or has had
a dating relationship, an individual with whom he or she has had a
child in common, or a resident or former resident of his or her
household, is guilty of a misdemeanor punishable by imprisonment
for not more than 93 days or a fine of not more than $500.00, or
both.
(3) An individual who assaults or assaults and batters an
individual who is pregnant and who knows the individual is pregnant
is guilty of a misdemeanor punishable by imprisonment for not more
than 93 days or a fine of not more than $500.00, or both.
(4) (3)
An individual who commits an
assault or an assault and
battery in violation of subsection (2) or (3), and who has
previously been convicted of assaulting or assaulting and battering
his
or her spouse or former spouse, an individual with whom he or
she
has or has had a dating relationship, an individual with whom
he
or she has had a child in common, or a resident or former
resident
of his or her household, an
individual described in either
subsection
(2) or subsection (3) under any of the
following, may be
punished
is guilty of a misdemeanor
punishable by imprisonment for
not more than 1 year or a fine of not more than $1,000.00, or both:
(a) This section or an ordinance of a political subdivision of
this state substantially corresponding to this section.
(b) Section 81a, 82, 83, 84, or 86.
(c) A law of another state or an ordinance of a political
subdivision of another state substantially corresponding to this
section or section 81a, 82, 83, 84, or 86.
(5) (4)
An individual who commits an
assault or an assault and
battery in violation of subsection (2) or (3), and who has 2 or
more previous convictions for assaulting or assaulting and
battering
his or her spouse or former spouse, an individual with
whom
he or she has or has had a dating relationship, an individual
with
whom he or she has had a child in common, or a resident or
former
resident of his or her household, an
individual described in
either subsection (2) or subsection (3) under any of the following,
is guilty of a felony punishable by imprisonment for not more than
5 years or a fine of not more than $5,000.00, or both:
(a) This section or an ordinance of a political subdivision of
this state substantially corresponding to this section.
(b) Section 81a, 82, 83, 84, or 86.
(c) A law of another state or an ordinance of a political
subdivision of another state substantially corresponding to this
section or section 81a, 82, 83, 84, or 86.
(6) (5)
This section does not apply to an
individual using
necessary reasonable physical force in compliance with section 1312
of the revised school code, 1976 PA 451, MCL 380.1312.
(7) (6)
As used in this section,
"dating relationship" means
frequent, intimate associations primarily characterized by the
expectation of affectional involvement. This term does not include
a casual relationship or an ordinary fraternization between 2
individuals in a business or social context.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
