HOUSE BILL No. 6227


     June 27, 2002, Introduced by Rep. Meyer and referred to the Committee on Criminal Justice.


        A bill to amend 1931 PA 328, entitled

   "The Michigan penal code,"

   by amending section 81 (MCL 750.81), as amended by 2001 PA 190.

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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

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        a person who assaults or assaults and batters an individual, if

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        no other punishment is prescribed by law, is guilty of a misde-

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        meanor punishable by imprisonment for not more than 93 days or a

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        fine of not more than $500.00, or both.

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

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

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

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        dating relationship, an individual with whom he or she has had a

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        child in common, or a resident or former resident of his or her

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        household, is guilty of a misdemeanor punishable by imprisonment


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

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        $500.00, or both.

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             (3) An individual who commits an assault or an assault and

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        battery in violation of subsection (2), and who has previously

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        been convicted of assaulting or assaulting and battering his or

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

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        has or has had a dating relationship, an individual with whom he

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        or she has had a child in common, or a resident or former resi-

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        dent of his or her household, under any of the following,  may be

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        punished  IS GUILTY OF A FELONY PUNISHABLE by imprisonment for

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        not more than  1 year  2 YEARS or a fine of not more than

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         $1,000.00  $1,500.00, or both:

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

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        of this state substantially corresponding to this section.

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

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             (c) A law of another state or an ordinance of a political

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        subdivision of another state substantially corresponding to this

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

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             (4) An individual who commits an assault or an assault and

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        battery in violation of subsection (2), and who has 2 or more

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        previous convictions for assaulting or assaulting and battering

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

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        she has or has had a dating relationship, an individual with whom

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        he or she has had a child in common, or a resident or former res-

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        ident of his or her household, under any of the following, is

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        guilty of a felony punishable by imprisonment for not more than

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         2  4 years or a fine of not more than $2,500.00, or both:



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

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        of this state substantially corresponding to this section.

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

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             (c) A law of another state or an ordinance of a political

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        subdivision of another state substantially corresponding to this

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

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             (5) This section does not apply to an individual using nec-

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        essary reasonable physical force in compliance with section 1312

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        of the revised school code, 1976 PA 451, MCL 380.1312.

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             (6) As used in this section, "dating relationship" means

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        frequent, intimate associations primarily characterized by the

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        expectation of affectional involvement.  This term does not

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        include a casual relationship or an ordinary fraternization

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        between 2 individuals in a business or social context.





























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