July 17, 2003, Introduced by Senators JOHNSON and HAMMERSTROM and referred to the Committee on Judiciary.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 4a of chapter IX and section 16d of chapter
XVII (MCL 769.4a and 777.16d), section 4a of chapter IX as
amended by 2001 PA 208 and section 16d of chapter XVII as amended
by 2002 PA 269.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 CHAPTER IX
2 Sec. 4a. (1) When an individual who has not been convicted
3 previously of a violation
of section 81 or 81a 81(1) or (2) of
4 the Michigan penal code,
1931 PA 328, MCL 750.81, and 750.81a,
5 or a violation of a local ordinance substantially corresponding
6 to section 81 81(1)
or (2) of that act, pleads guilty to, or is
7 found guilty of, a
violation of section 81 or 81a 81(1) or (2)
8 of the Michigan penal
code, 1931 PA 328, MCL 750.81, and
1 750.81a, and the victim of the assault is the offender's
spouse
2 or former spouse, an individual who has had a child in common
3 with the offender, an individual who has or has had a dating
4 relationship with the offender, or an individual residing or
5 having resided in the same household as the offender, the court,
6 without entering a judgment of guilt and with the consent of the
7 accused and of the prosecuting attorney in consultation with the
8 victim, may defer further proceedings and place the accused on
9 probation as provided in this section. However, before deferring
10 proceedings under this subsection, the court shall contact the
11 department of state police and determine whether, according to
12 the records of the department of state police, the accused has
13 previously been convicted under section 81 or 81a of the Michigan
14 penal code, 1931 PA 328, MCL 750.81 and 750.81a, or under a local
15 ordinance substantially corresponding to section 81 of that act,
16 or has previously availed himself or herself of this section. If
17 the search of the records reveals an arrest for a violation of
18 section 81 or 81a of the Michigan penal code, 1931 PA 328, MCL
19 750.81 and 750.81a, or a local ordinance substantially
20 corresponding to section 81 of that act but no disposition, the
21 court shall contact the arresting agency and the court that had
22 jurisdiction over the violation to determine the disposition of
23 that arrest for purposes of this section. As used in this
24 subsection, "dating relationship" means frequent, intimate
25 associations primarily characterized by the expectation of
26 affectional involvement. This term does not include a casual
27 relationship or an ordinary fraternization between 2 individuals
1 in a business or social context.
2 (2) Upon a violation of a term or condition of probation, the
3 court may enter an adjudication of guilt and proceed as otherwise
4 provided in this chapter.
5 (3) An order of probation entered under subsection (1) may
6 require the accused to participate in a mandatory counseling
7 program. The court may order the accused to pay the reasonable
8 costs of the program.
9 (4) The court shall enter an adjudication of guilt and
10 proceed as otherwise provided in this chapter if any of the
11 following circumstances exist:
12 (a) The accused commits an assaultive crime during the period
13 of probation. As used in this subdivision, "assaultive crime"
14 means 1 or more of the following:
15 (i) That term as defined in section 9a of chapter X.
16 (ii) A violation of chapter XI of the Michigan penal code,
17 1931 PA 328, MCL 750.81 to 750.90g.
18 (b) The accused violates an order of the court that he or she
19 receive counseling regarding his or her violent behavior.
20 (c) The accused violates an order of the court that he or she
21 have no contact with a named individual.
22 (5) Upon fulfillment of the terms and conditions, the court
23 shall discharge the person and dismiss the proceedings against
24 the person. Discharge and dismissal under this section shall be
25 without adjudication of guilt and is not a conviction for
26 purposes of this section or for purposes of disqualifications or
27 disabilities imposed by law upon conviction of a crime.
1 (6) There may be only 1 discharge and dismissal under this
2 section with respect to any individual. The department of state
3 police shall retain a nonpublic record of an arrest and discharge
4 or dismissal under this section. This record shall be furnished
5 to a court or police agency upon request pursuant to
6 subsection (1) for the purpose of showing that a defendant in a
7 criminal action under
section 81 or 81a 81(1) or (2) of the
8 Michigan penal code, 1931
PA 328, MCL 750.81, and 750.81a, or a
9 local ordinance
substantially corresponding to section 81 81(1)
10 or (2) of that act has already once availed himself or herself of
11 this section.
12 CHAPTER XVII
13 Sec. 16d. This chapter applies to the following felonies
14 enumerated in chapter 750 of the Michigan Compiled Laws:
15 M.C.L. Category Class Description Stat Max
16 750.81(4) Person G Domestic assault with
17 prior convictions 2
18 750.81a(3)
Person G Aggravated domestic
19
assault with prior
20 convictions
2
21 750.81(5) Person F Domestic assault --
22 multiple offenses
23 within 12 months 4
24 750.81a(1) Person F Assault and battery
25 causing serious or
26 aggravated injury 4
27 750.81a(2) Person F Domestic assault causing
28 serious or aggravated
29 injury 4
30 750.81d(1) Person G Assaulting, resisting, or
31 obstructing certain
32 persons 2
1 750.81d(2) Person F Assaulting, resisting, or
2 obstructing certain
3 persons causing injury 4
4 750.81d(3) Person C Assaulting, resisting, or
5 obstructing certain
6 persons causing serious
7 impairment 15
8 750.81d(4) Person B Assaulting, resisting, or
9 obstructing certain
10 persons causing death 20
11 750.81e(3) Person G Domestic assault causing
12 physical injury with
13 prior conviction 2
14 750.82(1) Person F Felonious assault 4
15 750.82(2) Person D Felonious assault causing
16 physical harm 10
17 750.82(3) Person B Felonious assault causing
18 serious impairment of
19 body function 20
20 750.82(2)
21 750.82(4) Person F Felonious assault --
22 weapon-free school zone 4
23 750.83 Person A Assault with intent to
24 murder Life
25 750.84 750.84(1)
Person D Assault with intent to do
26
great bodily harm less
27
than murder 10
28 750.84(2) Person B Assault with intent to do
29 great bodily harm
30 causing serious
31 impairment of a body
32 function 20
33 750.86 Person D Assault with intent to
34 maim 10
35 750.87 Person D Assault with intent to
36 commit a felony 10
37 750.88 Person C Assault with intent to
38 commit unarmed robbery 15
39 750.89 Person A Assault with intent to
1 commit armed robbery Life
2 750.90 Person D Sexual intercourse under
3 pretext of medical
4 treatment 10
5 750.90a Person A Assault against a
6 pregnant individual
7 causing miscarriage,
8 stillbirth, or death to
9 embryo or fetus with
10 intent or recklessness Life
11 750.90b(a) Person C Assault against a
12 pregnant individual
13 resulting in
14 miscarriage,
15 stillbirth, or death to
16 embryo or fetus 15
17 750.90b(b) Person D Assault against a
18 pregnant individual
19 resulting in great
20 bodily harm to embryo
21 or fetus 10
22 750.90c(a) Person C Gross negligence against
23 a pregnant individual
24 resulting in
25 miscarriage,
26 stillbirth, or death to
27 embryo or fetus 15
28 750.90c(b) Person E Gross negligence against
29 a pregnant individual
30 resulting in great
31 bodily harm to embryo
32 or fetus 5
33 750.90d(a) Person C Operating a vehicle under
34 the influence or while
35 impaired causing
36 miscarriage,
37 stillbirth, or death to
38 embryo or fetus 15
39 750.90d(b) Person E Operating a vehicle under
40 the influence or while
41 impaired causing
42 serious or aggravated
43 injury to embryo or
44 fetus 5
1 750.90e Person G Careless or reckless
2 driving causing
3 miscarriage,
4 stillbirth, or death to
5 embryo or fetus 2
6 750.90g(3) Person A Performance of procedure
7 on live infant with
8 intent to cause death Life
9 750.91 Person A Attempted murder Life
10 Enacting section 1. This amendatory act does not take
11 effect unless Senate Bill No. 646
12 of the 92nd Legislature is enacted into
13 law.