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.