HOUSE BILL No. 6522

September 24, 2008, Introduced by Rep. Simpson and referred to the Committee on Judiciary.

A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

by amending sections 81 and 81a (MCL 750.81 and 750.81a), 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.

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, 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.

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.

Sec. 81a. (1) Except as otherwise provided in this section, a

person who assaults an individual without a weapon and inflicts

serious or aggravated injury upon that individual without intending

to commit murder or to inflict great bodily harm less than murder

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.

(2) Except as provided in subsection (3), an individual who

assaults 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 the same household without a weapon and inflicts

serious or aggravated injury upon that individual without intending

to commit murder or to inflict great bodily harm less than murder

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.

(3) An individual who commits an assault and battery in

violation of subsection (2), and who has 1 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 the

same household, in violation of 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, or both:

(a) This section or an ordinance of a political subdivision of

this state substantially corresponding to this section.

(b) Section 81, 82, 83, 84, or 86.

subdivision of another state substantially corresponding to this

section or section 81, 82, 83, 84, or 86.

(4) 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.

Enacting section 2. This amendatory act does not take effect

unless all of the following bills of the 94th Legislature are