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.