HOUSE BILL No. 5467


     February 29, 2000, Introduced by Reps. Raczkowski, Scranton, Vear, Caul, DeVuyst, DeRossett, Hager, Ehardt, Richardville,
Switalski, LaSata, Van Woerkom, DeWeese, Faunce, Richner, Cameron Brown, Middaugh, Birkholz, Godchaux, Tabor, Jellema and
Shackleton and referred to the Committee on Criminal Law and Corrections.


        A bill to amend 1931 PA 328, entitled

   "The Michigan penal code,"

   by amending section 81 (MCL 750.81), as amended by 1999 PA 270.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 1
           Sec. 81.  (1)  A  EXCEPT AS OTHERWISE PROVIDED IN THIS SEC-

 2
      TION, A person who assaults or  assaults and  batters an individ-

 3
      ual  , if no other punishment is prescribed by law,  is guilty of

 4
      a misdemeanor punishable by imprisonment for not more than 90

 5
      days or a fine of not more than $500.00, or both.

 6
           (2) Except as provided in subsection (3) or (4), an individ-

 7
      ual who assaults or  assaults and  batters  his or her spouse or

 8
      former spouse, an individual with whom he or she has had a child

 9
      in common, or a resident or former resident of the same

10
      household  ANY OF THE FOLLOWING INDIVIDUALS is guilty of a




   05166'99                                                 CAS
                                              2

 1
      misdemeanor punishable by imprisonment for not more than 93 days

 2
      or a fine of not more than $500.00, or both:  . 

 3
           (A) HIS OR HER SPOUSE OR FORMER SPOUSE.

 4
           (B) AN INDIVIDUAL WITH WHOM HE OR SHE HAS HAD A CHILD IN

 5
      COMMON.

 6
           (C) A RESIDENT OR FORMER RESIDENT OF THE SAME HOUSEHOLD.

 7
           (3) An individual who  assaults or assaults and batters his

 8
      or her spouse or former spouse, an individual with whom he or she

 9
      has had a child in common, or a resident or former resident of

10
      the same household, in violation of  COMMITS AN ASSAULT OR BAT-

11
      TERY UNDER subsection (2), and who has previously been convicted

12
      of assaulting or  assaulting and  battering his or her spouse or

13
      former spouse, an individual with whom he or she has had a child

14
      in common, or a resident or former resident of the same house-

15
      hold,  in violation of this section or a local ordinance substan-

16
      tially corresponding to this section or in violation of

17
      section 81a, 82, 83, 84, or 86  UNDER ANY OF THE FOLLOWING, may

18
      be punished by imprisonment for not more than 1 year or a fine of

19
      not more than $1,000.00, or both:  . 

20
           (A) THIS SECTION OR AN ORDINANCE OF A POLITICAL SUBDIVISION

21
      OF THIS STATE SUBSTANTIALLY CORRESPONDING TO THIS SECTION.

22
           (B) SECTION 81A, 82, 83, 84, OR 86.

23
           (C) A LAW OF ANOTHER STATE OR AN ORDINANCE OF A POLITICAL

24
      SUBDIVISION OF ANOTHER STATE SUBSTANTIALLY CORRESPONDING TO THIS

25
      SECTION OR SECTION 81A, 82, 83, 84, OR 86.

26
           (4) An individual who  assaults or assaults and batters his

27
      or her spouse or former spouse, an individual with whom he or she



   05166'99
                                   3

 1
      has had a child in common, or a resident or former resident of

 2
      the same household, in violation of  COMMITS AN ASSAULT OR BAT-

 3
      TERY UNDER subsection (2), and who has 2 or more previous convic-

 4
      tions for assaulting or  assaulting and  battering his or her

 5
      spouse or former spouse, an individual with whom he or she has

 6
      had a child in common, or a resident or former resident of the

 7
      same household,  in violation of this section or a local ordi-

 8
      nance substantially corresponding to this section or in violation

 9
      of section 81a, 82, 83, 84, or 86  UNDER ANY OF THE FOLLOWING, is

10
      guilty of a felony punishable by imprisonment for not more than 2

11
      years or a fine of not more than $2,500.00, or both:  . 

12
           (A) THIS SECTION OR AN ORDINANCE OF A POLITICAL SUBDIVISION

13
      OF THIS STATE SUBSTANTIALLY CORRESPONDING TO THIS SECTION.

14
           (B) SECTION 81A, 82, 83, 84, OR 86.

15
           (C) A LAW OF ANOTHER STATE OR AN ORDINANCE OF A POLITICAL

16
      SUBDIVISION OF ANOTHER STATE SUBSTANTIALLY CORRESPONDING TO THIS

17
      SECTION OR SECTION 81A, 82, 83, 84, OR 86.























   05166'99          Final page.                            CAS