CONTROLLED SUB DELIVERY: INJURY S.B. 460:
SUMMARY OF BILL
REPORTED FROM COMMITTEE
Senate Bill 460 (as reported without amendment)
CONTENT
The bill would amend the Michigan Penal Code to make it a felony for a person to deliver a Schedule 1 or 2 controlled substance, other than marihuana, to another person if the controlled substance were consumed by that person or another person and caused serious injury.
A violation of the bill would be punishable by imprisonment for two years. A person convicted of a second violation would have to be punished by imprisonment for five years. Upon a third or subsequent conviction, the offender would have to be punished by imprisonment for 10 years.
The term of imprisonment would be in addition to, and would have to be served consecutively with, the sentence imposed for the delivery of a Schedule 1 or 2 controlled substance. Also, a term of imprisonment for a violation of the bill could not be suspended, and the person subject to the sentence would not be eligible for parole or probation during the mandatory term imposed by the bill.
As used in the bill, "serious injury" would mean a physical injury that is not necessarily permanent but that constitutes serious bodily disfigurement or that seriously impairs the function of a body organ or limb. The term would include one or more of the following: a) loss, or loss of use, of a limb, hand, foot, finger, thumb, eye, or ear; b) loss or substantial impairment of a bodily function; c) serious visible disfigurement; d) a comatose state that lasts for more than three days; e) measurable brain or mental impairment; f) a skull or other serious bone fracture; g) subdural hemorrhage or hematoma; and/or h) loss of consciousness
or a life-threatening depression of the central nervous system resulting after an opioid antagonist is administered following an overdose.
Proposed MCL 750.82a Legislative Analyst: Jeff Mann
FISCAL IMPACT
The bill could have a negative fiscal impact on the State and would have no fiscal impact on local government. For any increase in sentenced offenders' years of imprisonment, in the short term, the marginal cost to State government would be approximately $3,764 per prisoner per year.
Date Completed: 10-11-17 Fiscal Analyst: Ryan Bergan
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.