Bill Text: MI SB0535 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Criminal procedure; other; methamphetamine abuse reporting act; create, and prohibit certain controlled substance offenders from obtaining products containing ephedrine or pseudoephedrine under certain circumstances. Creates new act. TIE BAR WITH: SB 0756'14
Spectrum: Moderate Partisan Bill (Republican 20-3)
Status: (Passed) 2014-07-16 - Assigned Pa 0276'14 With Immediate Effect [SB0535 Detail]
Download: Michigan-2013-SB0535-Introduced.html
SENATE BILL No. 535
September 24, 2013, Introduced by Senators PROOS, BOOHER and JONES and referred to the Committee on Judiciary.
A bill to create the methamphetamine abuse registration act;
to create a registry of individuals convicted of methamphetamine-
related offenses; to require persons who sell, distribute, deliver,
or furnish products containing ephedrine or pseudoephedrine to
examine the methamphetamine abuser registry before selling,
distributing, delivering, or furnishing those products; to prohibit
the sale of products containing ephedrine or pseudoephedrine to
certain individuals without a prescription; to prohibit the
disclosure of certain confidential information; to provide civil
immunity under certain circumstances; and to provide remedies and
penalties.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the
"methamphetamine abuse registration act".
Sec. 2. As used in this act:
(a) "Convicted" means either of the following:
(i) Having a judgment of conviction or a probation order
entered in any court having jurisdiction over criminal offenses,
including a tribal court or a military court, and including a
conviction subsequently set aside under 1965 PA 213, MCL 780.621 to
780.624, or under section 7411 of the public health code, 1978 PA
368, MCL 333.7411.
(ii) Being assigned to youthful trainee status under sections
11 to 15 of chapter II of the code of criminal procedure, 1927 PA
175, MCL 762.11 to 762.15.
(b) "Department" means the department of state police.
(c) "Methamphetamine-related offense" means 1 or more of the
following:
(i) A violation of article 7 of the public health code, 1978 PA
368, MCL 333.7101 to 333.7545, involving methamphetamine.
(ii) A violation of section 17766c or 17766f of the public
health code, 1978 PA 368, MCL 333.17766c and 333.17766f, involving
ephedrine or pseudoephedrine.
(iii) A violation of a law of another state, a local unit of
government of another state, or of the United States substantially
corresponding to a violation described in subparagraph (i) or (ii).
Sec. 3. (1) If an individual is convicted on or after January
1, 2014 of a methamphetamine-related offense in a court of this
state, the court shall inform the department of that conviction in
the manner prescribed by the department.
(2) An individual who is convicted on or after January 1, 2014
of a methamphetamine-related offense in a court of another state,
or of a local unit of government of another state, or in federal
court, who enters and remains in this state for a period of 14 days
or longer shall register with the department under this act before
the expiration of that 14-day period, if he or she has been
convicted of a methamphetamine-related offense within the
immediately preceding 10-year period. An individual described in
this subsection who fails to register with the department under
this act is guilty of a misdemeanor punishable by imprisonment for
not more than 93 days or a fine of not more than $500.00, or both.
Sec. 4. (1) The department shall maintain a database of the
individuals described in section 3 for a period of 10 years after
the date of conviction. The database shall include the following
information for each individual:
(a) The individual's full name, address, and date of birth.
(b) If the individual has a driver license or state
identification card issued in this state or elsewhere, that driver
license number or state identification card number.
(c) A description of the offense for which the individual is
required to be registered.
(d) The state in which the offense occurred.
(e) The name and address of the court.
(f) The date of the offense.
(2) The department shall make the information described in
subsection (1) available to persons who lawfully sell, distribute,
deliver, or furnish products containing ephedrine or
pseudoephedrine to the public 24 hours per day, 7 days per week for
purposes of this act.
(3) Before selling, distributing, delivering, or furnishing a
product containing ephedrine or pseudoephedrine to any individual,
the person shall examine the information in the database maintained
by the department under this act to determine whether the
individual is listed in that database. If the individual is not
listed in that database, the person may sell, distribute, deliver,
or furnish that product to the individual without a prescription as
provided by law. However, if the person is listed in the database,
the person may sell, distribute, deliver, or furnish that product
to the individual only by prescription.
(4) Except as provided in subsection (5), a person who sells,
distributes, delivers, or furnishes a product containing ephedrine
or pseudoephedrine to any individual without examining the
information in the database maintained by the department under this
act is guilty of a misdemeanor punishable by imprisonment for not
more than 90 days or a fine of not more than $500.00, or both.
(5) A person who sells, distributes, delivers, or furnishes a
product containing ephedrine or pseudoephedrine without a
prescription to any individual who is listed on the departmental
database under this act is guilty of a misdemeanor punishable by
imprisonment for not more than 1 year or a fine of not more than
$1,000.00, or both.
(6) A person who refuses to sell, distribute, deliver, or
furnish a product containing ephedrine or pseudoephedrine without a
prescription to an individual who he or she has determined is
listed on the departmental database under this act is immune from
civil liability for that refusal.
(7) Any form, record, or information received by the
department under this act, and the registration information
maintained on the departmental database under this act, is
confidential and is not subject to disclosure under the freedom of
information act, 1976 PA 442, MCL 15.231 to 15.246, except as
provided in this act.
(8) A person who discloses information in violation of
subsection (7) is guilty of a misdemeanor punishable by
imprisonment for not more than 90 days or a fine of not more than
$500.00, or both.
Sec. 5. (1) The department shall remove the information
contained in the departmental database for that individual if
either of the following applies:
(a) Upon the expiration of the 10-year period described in
section 4(1).
(b) If the individual contacts the department and shows to the
satisfaction of the department that the individual was not
convicted of the offense for which he or she is listed on the
departmental database.
(2) The department shall establish procedures to allow an
individual to correct information contained in the departmental
database under this act regarding that individual.
