HOUSE BILL No. 4449 March 8, 2001, Introduced by Reps. Anderson, Jacobs, Schermesser, Neumann, Clark, Bovin, Dennis, Quarles, Richner and O'Neil and referred to the Committee on Criminal Justice. A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 81 and 411a (MCL 750.81 and 750.411a), section 81 as amended by 2000 PA 462 and section 411a as amended by 2000 PA 370. 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 9 household, is guilty of a misdemeanor punishable by imprisonment 02950'01 JJG 2 1 for not more than 93 days or a fine of not more than $500.00, or 2 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 household, in violation of subsection (2), and who has 7 previously been convicted of assaulting or assaulting and batter- 8 ing his or her spouse or former spouse, an individual with whom 9 he or she has had a child in common, or a resident or former res- 10 ident of his or her household, in violation of this section or a 11 local ordinance substantially corresponding to this section, or 12 in violation of section 81a, 82, 83, 84, or 86, may be punished 13 by imprisonment for not more than 1 year or a fine of not more 14 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 household, in violation of subsection (2), and who has 19 2 or more previous convictions for assaulting or assaulting and 20 battering his or her spouse or former spouse, an individual with 21 whom he or she has had a child in common, or a resident or former 22 resident of his or her household, in violation of this section or 23 a local ordinance substantially corresponding to this section, or 24 in violation of section 81a, 82, 83, 84, or 86, is guilty of a 25 felony punishable by imprisonment for not more than 2 years or a 26 fine of not more than $2,500.00, or both. 02950'01 3 1 (5) This section does not apply to an individual using 2 necessary reasonable physical force in compliance with 3 section 1312 of the revised school code, 1976 PA 451, MCL 4 380.1312. 5 (6) IN ADDITION TO THE PENALTIES PRESCRIBED UNDER THIS SEC- 6 TION, THE COURT MAY REQUIRE A PERSON CONVICTED UNDER THIS SECTION 7 TO PAY THE MEDICAL EXPENSES, INCLUDING A PHYSICAL EXAMINATION 8 PERFORMED FOR EVIDENTIARY PURPOSES, INCURRED BY THE VICTIM OF THE 9 ASSAULT OR ASSAULT AND BATTERY. 10 Sec. 411a. (1) Except as provided in subsection (2), a 11 person who intentionally makes a false report of the commission 12 of a crime to a member of the Michigan state police, a sheriff or 13 deputy sheriff, a police officer of a city or village, or any 14 other peace officer of this state knowing the report is false is 15 guilty of a crime as follows: 16 (a) If the report is a false report of a misdemeanor, the 17 person is guilty of a misdemeanor punishable by imprisonment for 18 not more than 93 days or a fine of not more than $100.00, or 19 both. 20 (b) If the report is a false report of a felony, the person 21 is guilty of a felony punishable by imprisonment for not more 22 than 4 years or a fine of not more than $2,000.00, or both. 23 (C) IF THE FALSE REPORT RELATES TO AN ASSAULT OR AN ASSAULT 24 AND BATTERY UNDER SECTION 81(2) OR (3), THE PERSON SHALL BE 25 ORDERED BY THE COURT TO REIMBURSE THE PERSON FALSELY ACCUSED FOR 26 THE COST OF DEFENDING AGAINST THE FALSE ACCUSATION. 02950'01 4 1 (2) A person shall not do either of the following: 2 (a) Knowingly make a false report of a violation or 3 attempted violation of chapter XXXIII or section 327 or 328 and 4 communicate the false report to any other person. 5 (b) Threaten to violate chapter XXXIII or section 327 or 328 6 and communicate the threat to any other person. 7 (3) A person who violates subsection (2) is guilty of a 8 felony punishable as follows: 9 (a) For a first conviction under subsection (2), by impris- 10 onment for not more than 4 years or a fine of not more than 11 $2,000.00, or both. 12 (b) For a second or subsequent conviction under subsection 13 (2), imprisonment for not more than 10 years or a fine of not 14 more than $5,000.00, or both. 15 (4) The court may order a person convicted under subsection 16 (2) to pay to the state or a local unit of government the costs 17 of responding to the false report including, but not limited to, 18 use of police or fire emergency response vehicles and teams. 19 (5) If the person ordered to pay costs under subsection (4) 20 is a juvenile under the jurisdiction of the family division of 21 the circuit court under chapter 10 of the revised judicature act 22 of 1961, 1961 PA 236, MCL 600.1001 to 600.1043, all of the fol- 23 lowing apply: 24 (a) If the court determines that the juvenile is or will be 25 unable to pay all of the costs ordered, after notice to the 26 juvenile's parent or parents and an opportunity for the parent or 27 parents to be heard, the court may order the parent or parents 02950'01 5 1 having supervisory responsibility for the juvenile, at the time 2 of the acts upon which the order is based, to pay any portion of 3 the costs ordered that is outstanding. An order under this sub- 4 section does not relieve the juvenile of his or her obligation to 5 pay the costs as ordered, but the amount owed by the juvenile 6 shall be offset by any amount paid by his or her parent. As used 7 in this subsection, "parent" does not include a foster parent. 8 (b) If the court orders a parent to pay costs under subdivi- 9 sion (a), the court shall take into account the financial 10 resources of the parent and the burden that the payment of the 11 costs will impose, with due regard to any other moral or legal 12 financial obligations that the parent may have. If a parent is 13 required to pay the costs under subdivision (a), the court shall 14 provide for payment to be made in specified installments and 15 within a specified period of time. 16 (c) A parent who has been ordered to pay the costs under 17 subdivision (a) may petition the court for a modification of the 18 amount of the costs owed by the parent or for a cancellation of 19 any unpaid portion of the parent's obligation. The court shall 20 cancel all or part of the parent's obligation due if the court 21 determines that payment of the amount due will impose a manifest 22 hardship on the parent. 23 (6) As used in this section: 24 (a) "Local unit of government" means: 25 (i) A city, village, township, or county. 26 (ii) A local or intermediate school district. 02950'01 6 1 (iii) A public school academy. 2 (iv) A community college. 3 (b) "State" includes a state institution of higher 4 education. 02950'01 Final page. JJG