June 14, 2017, Introduced by Senators ZORN and MARLEAU and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
(MCL 750.1 to 750.568) by adding section 82a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 82a. (1) A person who delivers a schedule 1 or 2
controlled substance, other than marihuana, to another person in
violation of section 7401 of the public health code, 1978 PA 368,
MCL 333.7401, that is consumed by that person or any other person
and that is a cause of the serious injury of that person or other
person is guilty of a felony punishable by imprisonment for 2
years. Upon a second conviction under this subsection, the person
shall be punished by imprisonment for 5 years. Upon a third or
subsequent conviction under this subsection, the person shall be
punished by imprisonment for 10 years.
(2) A term of imprisonment prescribed by this section is in
addition to the sentence imposed for the conviction of delivery of
a schedule 1 or 2 controlled substance and must be served
consecutively with and preceding any term of imprisonment imposed
for the conviction of delivery of a schedule 1 or 2 controlled
substance.
(3) A term of imprisonment imposed under this section must not
be suspended. The person subject to the sentence mandated by this
section is not eligible for parole or probation during the
mandatory term imposed under subsection (1).
(4) As used in this section, "serious injury" means a physical
injury that is not necessarily permanent but that constitutes
serious bodily disfigurement or that seriously impairs the
functioning of a body organ or limb. Serious injury includes, but
is not limited to, 1 or more of the following:
(a) Loss of a limb or use of a limb.
(b) Loss of a hand, foot, finger, or thumb or use of a hand,
foot, finger, or thumb.
(c) Loss of an eye or ear or use of an eye or ear.
(d) Loss or substantial impairment of a bodily function.
(e) Serious visible disfigurement.
(f) A comatose state that lasts for more than 3 days.
(g) Measurable brain damage or mental impairment.
(h) A skull fracture or other serious bone fracture.
(i) Subdural hemorrhage or hematoma.
(j) Loss of consciousness or a life-threatening depression of
the central nervous system resulting after an opioid antagonist is
administered following an overdose.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.