SB-0073, As Passed House, December 13, 2017

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.