Bill Text: MI SB0073 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Crimes; controlled substances; parole eligibility for certain controlled substance offenders; modify. Amends sec. 7413 of 1978 PA 368 (MCL 333.7413). TIE BAR WITH: SB 0072'17
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2017-12-28 - Assigned Pa 266'17 With Immediate Effect [SB0073 Detail]
Download: Michigan-2017-SB0073-Introduced.html
SENATE BILL No. 73
January 31, 2017, Introduced by Senators BIEDA, JONES and KOWALL and referred to the Committee on Judiciary.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 7413 (MCL 333.7413), as amended by 1988 PA 144.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 7413. (1) An individual who was convicted previously for
a violation of any of the following offenses and is thereafter
convicted of a second or subsequent violation of any of the
following
offenses shall must be imprisoned for life and shall is
not
be eligible for probation, suspension of sentence, or parole
during that mandatory term:
(a)
A violation of section 7401(2)(a)(ii). or
(iii).
(b)
A violation of section 7403(2)(a)(ii). or
(iii).
(c) Conspiracy to commit an offense proscribed by section
7401(2)(a)(ii) or (iii) or
section 7403(2)(a)(ii). or
(iii).
(2) Except as otherwise provided in subsections (1) and (3),
an individual convicted of a second or subsequent offense under
this article may be imprisoned for a term not more than twice the
term otherwise authorized or fined an amount not more than twice
that otherwise authorized, or both.
(3) An individual convicted of a second or subsequent offense
under
section 7410(2) or (3) shall must
be punished, subject to
subsection (4), by a term of imprisonment of not less than 5 years
nor more than twice that authorized under section 7410(2) or (3)
and, in addition, may be punished by a fine of not more than 3
times
that authorized by section 7410(2) or (3); and shall is not
be
eligible for probation or
suspension of sentence during the term
of imprisonment.
(4) The court may depart from the minimum term of imprisonment
authorized under subsection (3) if the court finds on the record
that there are substantial and compelling reasons to do so.
(5) For purposes of subsection (2), an offense is considered a
second or subsequent offense, if, before conviction of the offense,
the offender has at any time been convicted under this article or
under any statute of the United States or of any state relating to
a narcotic drug, marihuana, depressant, stimulant, or
hallucinogenic drug.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No. 72
of the 99th Legislature is enacted into law.
