November 10, 2011, Introduced by Senators SCHUITMAKER, BRANDENBURG, JONES, HANSEN, PROOS and WARREN and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 81 (MCL 750.81), as amended by 2001 PA 190.
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), 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 commits an assault or an assault and
battery in violation of subsection (2), 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, under any of the following, may be punished 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.
(4) An individual who commits an assault or an assault and
battery in violation of subsection (2), 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, under any of the following, is guilty of a
felony
punishable by imprisonment for not more than 2 5
years or a
fine
of not more than $2,500.00 $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.
(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.
(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.