§ 750.81bEnhanced 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.