HB-5968, As Passed Senate, December 6, 2006
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 5968
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 4a of chapter IX (MCL 769.4a), as amended by
2004 PA 220.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER IX
Sec. 4a. (1) When an individual who has not been convicted
previously
of a violation of section 81 or 81a of the Michigan
penal
code, 1931 PA 328, MCL 750.81 and 750.81a, or a violation of
a
local ordinance substantially corresponding to section 81 of that
act
, an assaultive crime pleads guilty to, or is found guilty of,
a violation of section 81 or 81a of the Michigan penal code, 1931
PA 328, MCL 750.81 and 750.81a, and the victim of the assault is
the offender's spouse or former spouse, an individual who has had a
child in common with the offender, an individual who has or has had
a dating relationship with the offender, or an individual residing
or having resided in the same household as the offender, the court,
without entering a judgment of guilt and with the consent of the
accused and of the prosecuting attorney in consultation with the
victim, may defer further proceedings and place the accused on
probation as provided in this section. However, before deferring
proceedings under this subsection, the court shall contact the
department of state police and determine whether, according to the
records of the department of state police, the accused has
previously
been convicted under section 81 or 81a of the Michigan
penal
code, 1931 PA 328, MCL 750.81 and 750.81a, or under a local
ordinance
substantially corresponding to section 81 of that act ,
of an assaultive crime or has previously availed himself or herself
of this section. If the search of the records reveals an arrest for
a
violation of section 81 or 81a of the Michigan penal code,
1931
PA
328, MCL 750.81 and 750.81a, or a local ordinance substantially
corresponding
to section 81 of that act an
assaultive crime but no
disposition, the court shall contact the arresting agency and the
court that had jurisdiction over the violation to determine the
disposition
of that arrest for purposes of this section. As used
in
this subsection, "dating relationship" means frequent, intimate
associations
primarily characterized by the expectation of
affectional
involvement. This term does not include a casual
relationship
or an ordinary fraternization between 2 individuals in
a
business or social context.
(2) Upon a violation of a term or condition of probation, the
court may enter an adjudication of guilt and proceed as otherwise
provided in this chapter.
(3)
An order of probation entered under subsection (1) may
require
include any condition of
probation authorized under
section 3 of chapter XI of the code of criminal procedure, 1927 PA
175, MCL 771.3, including, but not limited to, requiring the
accused to participate in a mandatory counseling program. The court
may order the accused to pay the reasonable costs of the mandatory
counseling program. The court also may order the accused to
participate in a drug treatment court under chapter 10A of the
revised judicature act of 1961, 1961 PA 236, MCL 600.1060 to
600.1082. The court may order the defendant to be imprisoned for
not more than 12 months at the time or intervals, which may be
consecutive or nonconsecutive and within the period of probation,
as the court determines. However, the period of imprisonment shall
not exceed the maximum period of imprisonment authorized for the
offense if the maximum period is less than 12 months. The court may
permit day parole as authorized under 1962 PA 60, MCL 801.251 to
801.258. The court may permit a work or school release from jail.
(4) The court shall enter an adjudication of guilt and proceed
as otherwise provided in this chapter if any of the following
circumstances exist:
(a) The accused commits an assaultive crime during the period
of
probation. As used in this subdivision, "assaultive
crime"
means
1 or more of the following:
(i) That term as defined in section 9a of chapter X.
(ii) A violation of chapter XI of the Michigan penal code, 1931
PA
328, MCL 750.81 to 750.90g.
(b) The accused violates an order of the court that he or she
receive counseling regarding his or her violent behavior.
(c) The accused violates an order of the court that he or she
have no contact with a named individual.
(5) Upon fulfillment of the terms and conditions, the court
shall discharge the person and dismiss the proceedings against the
person. Discharge and dismissal under this section shall be without
adjudication of guilt and is not a conviction for purposes of this
section or for purposes of disqualifications or disabilities
imposed by law upon conviction of a crime.
(6) There may be only 1 discharge and dismissal under this
section with respect to any individual. The department of state
police
shall retain a nonpublic record of an arrest and discharge
or
and dismissal under this section. This record shall be
furnished to a court or police agency upon request pursuant to
subsection (1) or to an office of prosecuting attorney for the
purpose of showing that a defendant in a criminal action under
section 81 or 81a of the Michigan penal code, 1931 PA 328, MCL
750.81 and 750.81a, or a local ordinance substantially
corresponding to section 81 of that act has already once availed
himself or herself of this section or for the purpose of
determining whether the defendant in a criminal action is eligible
for discharge and dismissal of proceedings by a drug treatment
court under section 1076(5) of the revised judicature act of 1961,
1961 PA 236, MCL 600.1076.
(7) As used in this section:
(a) "Assaultive crime" means 1 or more of the following:
(i) That term as defined in section 9a of chapter X.
(ii) A violation of chapter XI of the Michigan penal code, 1931
PA 328, MCL 750.81 to 750.90g.
(iii) A violation of a law of another state or of a local
ordinance of a political subdivision of this state or of another
state substantially corresponding to a violation described in
subparagraph (i) or (ii).
(b) "Dating relationship" means frequent, intimate
associations primarily characterized by the expectation of
affectional involvement. This term does not include a casual
relationship or an ordinary fraternization between 2 individuals in
a business or social context.