Bill Text: MI SB0324 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Criminal procedure: sentencing; penalties for certain crimes of imprisonment for life without parole eligibility; amend public health code to reflect potential resentencing. Amends sec. 17764 of 1978 PA 368 (MCL 333.17764). TIE BAR WITH: SB 0321'23
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced) 2023-05-03 - Referred To Committee On Civil Rights, Judiciary, And Public Safety [SB0324 Detail]
Download: Michigan-2023-SB0324-Introduced.html
SENATE BILL NO. 324
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 17764 (MCL 333.17764), as amended by 2004 PA 214.
the people of the state of michigan enact:
Sec. 17764. (1) A person shall not sell, offer for sale, possess for sale, or manufacture for sale a drug or device bearing or accompanied by a label that is misleading as to the contents, uses, or purposes of the drug or device. A person who violates this subsection is guilty of a misdemeanor. In determining whether a label is misleading, consideration shall must be given to the representations made or suggested by the statement, word, design, device, sound, or any combination thereof, and the extent to which the label fails to reveal facts material in view of the representations made or material as to consequences that may result from use of the drug or device to which the label relates under conditions of use prescribed in the label or under customary or usual conditions of use.
(2) A person shall not knowingly or recklessly do either of the following:
(a) Adulterate, misbrand, remove, or substitute a drug or device knowing or intending that the drug or device shall will be used.
(b) Sell, offer for sale, possess for sale, cause to be sold, or manufacture for sale an adulterated or misbranded drug.
(3) Except as otherwise provided in this section, a person who violates subsection (2) is guilty of a felony punishable by imprisonment for not more than 2 years or a fine of not more than $1,000.00, or both.
(4) A If a person who violates subsection (2), which violation results resulting in personal injury, the person is guilty of a felony punishable by imprisonment for not more than 4 years or a fine of not more than $4,000.00, or both.
(5) A If a person who violates subsection (2), which violation results resulting in serious impairment of a body function, the person is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both. As used in this subsection, "serious impairment of a body function" means that term as defined in section 58c of the Michigan vehicle code, 1949 PA 300, MCL 257.58c.
(6) A If a person who violates subsection (2), which violation results resulting in death, the person is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $20,000.00, or both.
(7) A Except as provided in sections 25 and 25a of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.25 and 769.25a, and subject to subsection (9), if a person who violates subsection (2) with the intent to kill or to cause serious impairment of a body function of 2 or more individuals, which and the violation results in death, the person is guilty of a felony punishable by imprisonment for life without the possibility of parole or life without the possibility of parole and a fine of not more than $40,000.00. It is not a defense to a charge under this subsection that the person did not intend to kill a specific individual, or did not intend to cause serious impairment of a body function of 2 or more specific individuals.
(8) This section does not prohibit an individual from being charged with, convicted of, or punished for any other violation of law that is committed by that individual while violating this section.
(9) The mandatory sentences provided for under subsection (7) do not apply to a resentencing conducted under sections 27a to 27h of chapter IX of the code of criminal procedure, 1927 PA 175, MCL 769.27a to 769.27h.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No. 321 of the 102nd Legislature is enacted into law.
