THE MICHIGAN PENAL CODE (EXCERPT) Act 328 of 1931

750.81b Enhanced sentence; provisions. Sec. 81b.

The following provisions apply in any case in which the prosecuting attorney seeks an enhanced sentence under section 81(3) or (4) or 81a(3): (a) The charging document or amended charging document shall include a notice provision that states that the prosecuting attorney intends to seek an enhanced sentence under section 81(3) or (4) or 81a(3) and lists the prior conviction or convictions that will be relied upon for that purpose. The notice shall be separate and distinct from the language charging the current offense, and shall not be read or otherwise disclosed to the jury if the case proceeds to trial before a jury. (b) The defendant's prior conviction or convictions shall be established at sentencing. The existence of a prior conviction and the factual circumstances establishing the required relationship between the defendant and the victim of the prior assault or assault and battery may be established by any evidence that is relevant for that purpose, including, but not limited to, 1 or more of the following: (i) A copy of a judgment of conviction. (ii) A transcript of a prior trial, plea-taking, or sentencing proceeding. (iii) Information contained in a presentence report. (iv) A statement by the defendant. (c) The defendant or his or her attorney shall be given an opportunity to deny, explain, or refute any evidence or information relating to the defendant's prior conviction or convictions before the sentence is imposed, and shall be permitted to present evidence relevant for that purpose unless the court determines and states upon the record that the challenged evidence or information will not be considered as a basis for imposing an enhanced sentence under section 81(3) or (4) or 81a(3). (d) A prior conviction may be considered as a basis for imposing an enhanced sentence under section 81(3) or (4) or 81a(3) if the court finds the existence of both of the following by a preponderance of the evidence: (i) The prior conviction. (ii) 1 or more of the required relationships between the defendant and the victim of the prior assault or assault and battery.

History: Add. 1994, Act 65, Eff. July 1, 1994

Understanding Enhanced Sentencing for Assault: Section 750.81b of the Michigan Penal Code Simplified

Section 750.81b of the Michigan Penal Code describes the procedures for seeking an enhanced sentence in assault cases. Enhanced sentences are additional penalties that can be applied if the defendant has prior convictions for similar offenses. The following outlines the primary provisions of this section:

1. Notification of Intent to Seek Enhanced Sentence: If the prosecuting attorney intends to seek an enhanced sentence under section 81(3) or (4) or 81a(3), this intent must be clearly stated in the charging document or an amended charging document. This document must list the prior convictions that the prosecutor will use to justify the enhanced sentence. This notice must be separate from the language used to charge the current offense and should not be disclosed to the jury if the case goes to trial.
2. Establishment of Prior Convictions: Prior convictions will be established at the sentencing stage. The existence of a prior conviction and the circumstances that establish a relevant relationship between the defendant and the victim can be proved by any relevant evidence. This might include a copy of a judgment of conviction, a transcript from a previous trial or sentencing proceeding, information from a presentence report, or a statement made by the defendant.
3. Defendant's Right to Challenge Evidence of Prior Convictions: The defendant or their attorney has the right to deny, explain, or refute any evidence or information relating to the defendant's prior convictions before sentencing. They also have the right to present evidence to support their challenge. If the court decides not to consider the challenged evidence or information in determining whether to impose an enhanced sentence, the court must state this on the record.
4. Consideration of Prior Convictions in Enhanced Sentencing: A prior conviction can be considered as a basis for imposing an enhanced sentence under section 81(3) or (4) or 81a(3) if the court finds, by a preponderance of the evidence, that the prior conviction exists and that one or more of the required relationships between the defendant and the victim of the previous assault or assault and battery exist.

The Importance of Understanding Section 750.81b

This section of the penal code provides important procedural protections for defendants who face the possibility of enhanced sentencing due to prior convictions. It ensures that defendants have the opportunity to challenge the evidence of prior convictions and helps to ensure that enhanced sentences are applied in a fair and transparent manner.