HOUSE BILL No. 4713


     May 19, 1999, Introduced by Reps. Kowall, Faunce, Wojno, Richner, Law and Scranton
and referred to the Committee on Criminal Law and Corrections.


        A bill to amend 1931 PA 328, entitled

   "The Michigan penal code,"

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

   81 as amended by 1994 PA 64 and section 81a as amended by 1994 PA

   65.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1         Sec. 81.  (1) A person who assaults or assaults and batters

 2    an individual, if no other punishment is prescribed by law, is

 3    guilty of a misdemeanor punishable by imprisonment for not more

 4    than 90 days or a fine of not more than $500.00, or both.

 5         (2) Except as provided in subsection (3) or (4), an individ-

 6    ual who assaults or assaults and batters his or her spouse or

 7    former spouse, an individual with whom he or she has had a child

 8    in common, or a resident or former resident of  his or her
              THE

 9    SAME household  ,  is guilty of a misdemeanor
             punishable by


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 1    imprisonment for not more than 93 days or a fine of not more than

 2    $500.00, or both.

 3         (3) An individual who assaults or assaults and batters his

 4    or her spouse or former spouse, an individual with whom he or she

 5    has had a child in common, or a resident or former resident of

 6     his or her  THE SAME household, in violation of
             subsection (2),

 7    and who has previously been convicted of assaulting or assaulting

 8    and battering his or her spouse or former spouse, an individual

 9    with whom he or she has had a child in common, or a resident or

10    former resident of  his or her  THE SAME household,
             in violation

11    of this section or a local ordinance substantially corresponding

12    to this section  ,  or in violation of section 81a,
             82, 83, 84,

13    or 86, may be punished by imprisonment for not more than 1 year

14    or a fine of not more than $1,000.00, or both.

15         (4) An individual who assaults or assaults and batters his

16    or her spouse or former spouse, an individual with whom he or she

17    has had a child in common, or a resident or former resident of

18     his or her  THE SAME household, in violation of
             subsection (2),

19    and who has 2 or more previous convictions for assaulting or

20    assaulting and battering his or her spouse or former spouse, an

21    individual with whom he or she has had a child in common, or a

22    resident or former resident of  his or her  THE
             SAME household,

23    in violation of this section or a local ordinance substantially

24    corresponding to this section  ,  or in violation
             of section 81a,

25    82, 83, 84, or 86, is guilty of a felony punishable by imprison-

26    ment for not more than 2 years or a fine of not more than

27    $2,500.00, or both.



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 1         Sec. 81a.  (1) A person who assaults an individual without a

 2    weapon and inflicts serious or aggravated injury upon that indi-

 3    vidual without intending to commit murder or to inflict great

 4    bodily harm less than murder is guilty of a misdemeanor punish-

 5    able by imprisonment for not more than 1 year or a fine of not

 6    more than $1,000.00, or both.

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

 8    assaults his or her spouse or former spouse, an individual with

 9    whom he or she has had a child in common, or a resident or former

10    resident of  his or her  THE SAME household
              ,  without a weapon

11    and inflicts serious or aggravated injury upon that individual

12    without intending to commit murder or to inflict great bodily

13    harm less than murder is guilty of a misdemeanor punishable by

14    imprisonment for not more than 1 year or a fine of not more than

15    $1,000.00, or both.

16         (3) An individual who assaults his or her spouse or former

17    spouse, an individual with whom he or she has had a child in

18    common, or a resident or former resident of  his or her
              THE SAME

19    household, in violation of subsection (2), and who has 1 or more

20    previous convictions for assaulting or assaulting and battering

21    his or her spouse or former spouse, an individual with whom he or

22    she has had a child in common, or a resident or former resident

23    of  his or her  THE SAME household, in violation of
             this section

24    or section 81, 82, 83, 84, or 86 or a local ordinance substan-

25    tially corresponding to section 81, is guilty of a felony punish-

26    able by imprisonment for not more than 2 years or a fine of not

27    more than $2,500.00, or both.



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