Bill Text: MI HB5048 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Law enforcement; law enforcement information network (LEIN); access to law enforcement information network (LEIN); amend penal code to allow for department of corrections under certain circumstances. Amends sec. 430 of 1931 PA 328 (MCL 750.430).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2013-12-31 - Assigned Pa 224'13 With Immediate Effect 2013 Addenda [HB5048 Detail]
Download: Michigan-2013-HB5048-Engrossed.html
HB-5048, As Passed House, October 17, 2013
HOUSE BILL No. 5048
October 2, 2013, Introduced by Rep. Brunner and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 430 (MCL 750.430), as amended by 2004 PA 223.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
430. (1) A licensed health care professional who does
shall
not do either of the following: is
guilty of a misdemeanor:
(a)
Engages Engage in the practice of his or her health
profession with a bodily alcohol content of .05 or more grams per
100 milliliters of blood, per 210 liters of breath, or per 67
milliliters of urine.
(b)
Engages Engage in the practice of his or her health
profession while he or she is under the influence of a controlled
substance and, due to the illegal or improper use of the controlled
substance, his or her ability to safely and skillfully engage in
the practice of his or her health profession is visibly impaired.
(2) A peace officer who has reasonable cause to believe an
individual violated subsection (1) may require the individual to
submit to a chemical analysis of his or her breath, blood, or
urine. Before an individual is required to submit to a chemical
analysis under this subsection, the peace officer shall inform the
individual of all of the following:
(a) The individual may refuse to submit to the chemical
analysis, but if he or she refuses, the officer may obtain a court
order requiring the individual to submit to a chemical analysis.
(b) If the individual submits to the chemical analysis, he or
she may obtain a chemical analysis from a person of his or her own
choosing.
(3) The failure of a peace officer to comply with the
requirements of subsection (2) renders the results of a chemical
analysis inadmissible as evidence in a criminal prosecution for
violating this section, in a civil action arising out of a
violation of this section, or in any administrative proceeding
arising out of a violation of this section.
(4) The collection and testing of breath, blood, or urine
specimens under this section shall be conducted in the same manner
that breath, blood, or urine specimens are collected and tested for
alcohol-related and controlled substance-related driving violations
under the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.
(5) This section does not prohibit the individual from being
charged with, convicted of, or sentenced for any other violation of
law arising out of the same transaction as the violation of this
section in lieu of being charged with, convicted of, or sentenced
for the violation of this section.
(6) This section does not apply to a licensed health care
professional who in good faith renders emergency care without
compensation at the scene of an emergency unless the acts or
omissions by the licensed health care professional amount to gross
negligence or willful and wanton misconduct.
(7) If an individual is convicted under this section, the
court shall order that individual to participate in the health
professional recovery program established under section 16167 of
the public health code, 1978 PA 368, MCL 333.16167.
(8)
A violation of An
individual who violates this section is
guilty of a misdemeanor punishable as follows:
(a) For a first offense, by imprisonment for not more than 180
days or a fine of not more than $1,000.00, or both.
(b) For a second or subsequent offense, by imprisonment for
not more than 1 year or a fine of not less than $1,000.00 or more
than $2,500.00, or both.
(9) (a)
If the individual's conduct did not
result in physical
harm or injury to the patient and the individual has not been
convicted previously for violating this section, the court, without
entering a judgment of guilt and with the consent of the accused
and of the prosecuting attorney, may defer further proceedings and
place the accused on probation upon terms and conditions that shall
include, but are not limited to, participation in the health
professional recovery program established under section 16167 of
the public health code, 1978 PA 368, MCL 333.16167. The terms and
conditions of probation may include participation in a drug
treatment court under chapter 10A of the revised judicature act of
1961,
1961 PA 236, MCL 600.1060 to 600.1082. 600.1084. Upon
violation of a term or condition, the court may enter an
adjudication of guilt and proceed as otherwise provided under
subdivision
(b). subsection (8). Upon fulfillment of the terms and
conditions, the court shall discharge the individual and dismiss
the proceedings. Discharge and dismissal under this section shall
be without adjudication of guilt and are not a conviction for
purposes of this section or for purposes of disqualifications or
disabilities imposed by law upon conviction of a crime, including
additional penalties imposed for second or subsequent convictions
under this subsection. There may only be 1 discharge and dismissal
under
this section as to an individual. The Unless the court enters
a judgment of guilt under this subsection, the records and
identifications division of the department of state police shall
retain
a nonpublic record of an the
arrest, and discharge or
dismissal
court proceedings, and
disposition under this subsection.
This
record shall only be furnished to either or both any of
the
following:
(a) (i) To a
court or police agency the
courts of this state,
law enforcement personnel, and prosecuting attorneys upon request
for the purpose of showing whether the individual accused of
violating this section has already once utilized this subdivision.
(b) (ii) To a
court, police agency, or prosecutor the courts of
this state, law enforcement personnel, and prosecuting attorneys
upon request 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(4) of the
revised judicature act of 1961, 1961 PA 236, MCL 600.1076.
(b)
For a first offense, by imprisonment for not more than 180
days
or a fine of not more than $1,000.00, or both.
(c)
For a second or subsequent offense, by imprisonment for
not
more than 1 year or a fine of not less than $1,000.00, or both.
(c) To the courts of this state, law enforcement personnel,
the department of corrections, and prosecuting attorneys for use
only in the performance of their duties.
(10) (9)
As used in this section,
"licensed health care
professional" means an individual licensed or registered under
article 15 of the public health code, 1978 PA 368, MCL 333.16101 to
333.18838.
