CRIME OF ASSAULT AND BATTERY OF A PREGNANT WOMAN:  PLACE IN SENTENCING GUIDELINES

House Bill 4788 as introduced

Sponsor:  Rep. Amanda Price

Committee:  Criminal Justice

Complete to 9-21-15

SUMMARY:

House Bill 4788 is a companion bill to House Bill 4479, which proposes to create a felony penalty for a third or subsequent conviction of the assault and battery of a pregnant woman when the assailant knows the woman is pregnant.   

Specifically, House Bill 4788 would amend the sentencing guidelines portion of the Code of Criminal Procedure to specify that a violation of 750.81(5), the domestic assault or assault of a pregnant individual with prior convictions would be a Class E felony against a person with a maximum term of imprisonment of five years.  (Underlining denotes new language.)  The bill is tie-barred to House Bill 4479, meaning that it cannot take effect unless House Bill 4479 is also enacted into law.

MCL 777.16d

FISCAL IMPACT:

The bill would not have a fiscal impact on state or local units of government.

                                                                                        Legislative Analyst:   Susan Stutzky

                                                                                                Fiscal Analyst:   Robin Risko

This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.