Bill Text: MI SB0073 | 2017-2018 | 99th Legislature | Engrossed
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-Engrossed.html
SB-0073, As Passed Senate, September 20, 2017
SUBSTITUTE FOR
SENATE BILL NO. 73
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 be imprisoned for life and shall 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).
(1) (2)
Except as otherwise provided in subsections
(1) and
(3),
subsection (2) 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.
(2) (3)
An individual convicted of a second
or subsequent
offense
under section 7410(2) or (3) shall must be punished,
subject
to subsection (4), (3), 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.
(3) (4)
The court may depart from the
minimum term of
imprisonment
authorized under subsection (3) (2)
if the court finds
on the record that there are substantial and compelling reasons to
do so.
(4) (5)
For purposes of subsection (2), (1), 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.
