Bill Text: MI HB4889 | 2013-2014 | 97th Legislature | Chaptered

Michigan House Bill 4889 (Prior Session Legislation)

Bill Title: Criminal procedure; sentencing guidelines; penalties for certain controlled substance offenses involving travel from another state with the intent to deliver; increase. Amends sec. 45, ch. XVII of 1927 PA 175 (MCL 777.45).

Spectrum: Moderate Partisan Bill (Republican 16-3)

Status: (Passed) 2013-12-31 - Assigned Pa 203'13 2013 Addenda [HB4889 Detail]

Download: Michigan-2013-HB4889-Chaptered.html

Act No. 203

Public Acts of 2013

Approved by the Governor

December 17, 2013

Filed with the Secretary of State

December 18, 2013

EFFECTIVE DATE: March 19, 2014

STATE OF MICHIGAN

97TH LEGISLATURE

REGULAR SESSION OF 2013

Introduced by Reps. McBroom, Crawford, Kivela, Yonker, Walsh, Lori, Heise, Hooker, Schmidt, Kesto, McCready, Pagel, Jenkins, O’Brien, Graves, Somerville, Kurtz, Dianda and Oakes

ENROLLED HOUSE BILL No. 4889

AN ACT to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 45 of chapter XVII (MCL 777.45), as amended by 2002 PA 666.

The People of the State of Michigan enact:

CHAPTER XVII

Sec. 45. (1) Offense variable 15 is aggravated controlled substance offenses. Score offense variable 15 by determining which of the following apply and by assigning the number of points attributable to the one that has the highest number of points:

(a) The offense involved the manufacture, creation, delivery, possession, or possession with intent to manufacture, create, or deliver of 1,000 or more grams of any mixture containing a controlled substance classified in schedule 1 or 2 that is a narcotic drug or a drug described in section 7214(a)(iv)........ 100 points

(b) The offense involved the manufacture, creation, delivery, possession, or possession with intent to manufacture, create, or deliver of 450 grams or more but less than 1,000 grams of any mixture containing a controlled substance classified in schedule 1 or 2 that is a narcotic drug or a drug described in section 7214(a)(iv)............................................................................................................................................................... 75 points

(c) The offense involved the manufacture, creation, delivery, possession, or possession with intent to manufacture, create, or deliver of 50 or more grams but less than 450 grams of any mixture containing a controlled substance classified in schedule 1 or 2 that is a narcotic drug or a drug described in section 7214(a)(iv)............................................................................................................................................................... 50 points

(d) The offense involved traveling from another state or country to this state while in possession of any mixture containing a controlled substance classified in schedule 1 or 2 that is a narcotic drug or a drug described in section 7212 or 7214 with the intent to deliver that mixture in this state............................. 50 points

(e) The offense involved the sale or delivery of a controlled substance other than marihuana or a mixture containing a controlled substance other than marihuana by the offender who was 18 years of age or older to a minor who was 3 or more years younger than the offender................................................... 25 points

(f) The offense involved the sale, delivery, or possession with intent to sell or deliver 45 kilograms or more of marihuana or 200 or more of marihuana plants............................................................................................. 10 points

(g) The offense is a violation of section 7401(2)(a)(i) to (iii) pertaining to a controlled substance classified in schedule 1 or 2 that is a narcotic drug or a drug described in section 7214(a)(iv) and was committed in a minor’s abode, settled home, or domicile, regardless of whether the minor was present.................... 10 points

(h) The offense involved the delivery or possession with intent to deliver marihuana or any other controlled substance or a counterfeit controlled substance or possession of controlled substances or counterfeit controlled substances having a value or under such circumstances as to indicate trafficking........ 5 points

(i) The offense was not an offense described in subdivisions (a) through (h)...................................................... 0 points

(2) As used in this section:

(a) “Deliver” means the actual or constructive transfer of a controlled substance from 1 individual to another regardless of remuneration.

(b) “Minor” means an individual 17 years of age or less.

(c) “Trafficking” means the sale or delivery of controlled substances or counterfeit controlled substances on a continuing basis to 1 or more other individuals for further distribution.

Enacting section 1. This amendatory act takes effect upon the expiration of 90 days after the date it is enacted into law.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor