Bill Text: MI HB4421 | 2019-2020 | 100th Legislature | Introduced

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Bill Title: Criminal procedure: sentencing guidelines; blood alcohol level requirement for certain alcohol-related driving violations; modify to 0.05. Amends secs. 33 & 48, ch. XVII of 1927 PA 175 (MCL 777.33 & 777.48). TIE BAR WITH: HB 4420'19

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Introduced - Dead) 2019-04-09 - Bill Electronically Reproduced 04/09/2019 [HB4421 Detail]

Download: Michigan-2019-HB4421-Introduced.html

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HOUSE BILL No. 4421

 

 

March 21, 2019, Introduced by Reps. Hammoud, Whitsett, Kennedy and Manoogian and referred to the Committee on Judiciary.

 

      A bill to amend 1927 PA 175, entitled

 

"The code of criminal procedure,"

 

by amending sections 33 and 48 of chapter XVII (MCL 777.33 and

 

777.48), as amended by 2017 PA 152.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1                           CHAPTER XVII

 

 2        Sec. 33. (1) Offense variable 3 is physical injury to a

 

 3  victim. Score offense variable 3 by determining which of the

 

 4  following apply and by assigning the number of points attributable

 

 5  to the one that has the highest number of points:

 

 

6	(a) A victim was killed...........................	100 points
7	(b) A victim was killed...........................	50 points
8	(c) Life threatening or permanent incapacitating
9	injury occurred to a victim............................	25 points
10	(d) Bodily injury requiring medical treatment

1	occurred to a victim...................................	10 points
2	(e) Bodily injury not requiring medical treatment
3	occurred to a victim...................................	5 points
4	(f) No physical injury occurred to a victim.......	0 points

 

 

 5        (2) All of the following apply to scoring offense variable 3:

 

 6        (a) In multiple offender cases, if 1 offender is assessed

 

 7  points for death or physical injury, all offenders must be assessed

 

 8  the same number of points.

 

 9        (b) Score 100 points if death results from the commission of a

 

10  crime and homicide is not the sentencing offense.

 

11        (c) Score 50 points if death results from the commission of a

 

12  crime and the offense or attempted offense involves the operation

 

13  of a vehicle, vessel, ORV, snowmobile, aircraft, or locomotive and

 

14  any of the following apply:

 

15        (i) The offender was under the influence of or visibly

 

16  impaired by the use of alcoholic liquor, a controlled substance, or

 

17  a combination of alcoholic liquor and a controlled substance.

 

18        (ii) The offender had an alcohol content of 0.08 0.05 grams or

 

19  more per 100 milliliters of blood, per 210 liters of breath, or per

 

20  67 milliliters of urine or, beginning October 1, 2021, 2026, the

 

21  offender had an alcohol content of 0.10 grams or more per 100

 

22  milliliters of blood, per 210 liters of breath, or per 67

 

23  milliliters of urine.

 

24        (iii) The offender's body contained any amount of a controlled

 

25  substance listed in schedule 1 under section 7212 of the public

 

26  health code, 1978 PA 368, MCL 333.7212, or a rule promulgated under

 

27  that section, or a controlled substance described in section

 1  7214(a)(iv) of the public health code, 1978 PA 368, MCL 333.7214.

 

 2        (d) Do not score 5 points if bodily injury is an element of

 

 3  the sentencing offense.

 

 4        (3) As used in this section, "requiring medical treatment"

 

 5  refers to the necessity for treatment and not the victim's success

 

 6  in obtaining treatment.

 

 7        Sec. 48. (1) Offense variable 18 is operator ability affected

 

 8  by alcohol or drugs. Score offense variable 18 by determining which

 

 9  of the following apply and by assigning the number of points

 

10  attributable to the one that has the highest number of points:

 

 

11	(a) The offender operated a vehicle, vessel, ORV,
12	snowmobile, aircraft, or locomotive when his or her
13	bodily alcohol content was 0.20 grams or more per 100
14	milliliters of blood, per 210 liters of breath, or per
15	67 milliliters of urine................................	20 points
16	(b) The offender operated a vehicle, vessel, ORV,
17	snowmobile, aircraft, or locomotive when his or her
18	bodily alcohol content was 0.15 grams or more but less
19	than 0.20 grams per 100 milliliters of blood, per 210
20	liters of breath, or per 67 milliliters of urine.......	15 points
21	(c) The offender operated a vehicle, vessel, ORV,
22	snowmobile, aircraft, or locomotive while the offender
23	was under the influence of alcoholic or intoxicating
24	liquor, a controlled substance, or a combination of
25	alcoholic or intoxicating liquor and a controlled
26	substance; or while the offender's body contained any
27	amount of a controlled substance listed in schedule 1

1	under section 7212 of the public health code, 1978 PA
2	368, MCL 333.7212, or a rule promulgated under that
3	section, or a controlled substance described in section
4	7214(a)(iv) of the public health code, 1978 PA 368, MCL
5	333.7214; or while the offender had an alcohol content
6	of 0.08 0.05 grams or more but less than 0.15 grams per
7	100 milliliters of blood, per 210 liters of breath, or
8	per 67 milliliters of urine or, beginning October 1,
9	2021, 2026, the offender had an alcohol content of 0.10
10	grams or more but less than 0.15 grams per 100
11	milliliters of blood, per 210 liters of breath, or per
12	67 milliliters of urine................................	10 points
13	(d) The offender operated a vehicle, vessel, ORV,
14	snowmobile, aircraft, or locomotive while he or she was
15	visibly impaired by the use of alcoholic or intoxicating
16	liquor or a controlled substance or a combination of
17	alcoholic or intoxicating liquor and a controlled
18	substance, or was less than 21 years of age and had any
19	bodily alcohol content.................................	5 points
20	(e) The offender's ability to operate a vehicle,
21	vessel, ORV, snowmobile, aircraft, or locomotive was not
22	affected by an alcoholic or intoxicating liquor or a
23	controlled substance or a combination of alcoholic or
24	intoxicating liquor and a controlled substance.........	0 points

 

 

25        (2) As used in this section, "any bodily alcohol content"

 

26  means either of the following:

 

27        (a) An alcohol content of 0.02 grams or more but less than

 1  0.08 0.05 grams per 100 milliliters of blood, per 210 liters of

 

 2  breath, or per 67 milliliters of urine or, beginning October 1,

 

 3  2021, 2026, 0.02 grams or more but less than 0.10 grams per 100

 

 4  milliliters of blood, per 210 liters of breath, or per 67

 

 5  milliliters of urine.

 

 6        (b) Any presence of alcohol within an individual's body

 

 7  resulting from the consumption of alcoholic or intoxicating liquor

 

 8  other than the consumption of alcoholic or intoxicating liquor as

 

 9  part of a generally recognized religious service or ceremony.

 

10        Enacting section 1. This amendatory act takes effect 90 days

 

11  after the date it is enacted into law.

 

12        Enacting section 2. This amendatory act does not take effect

 

13  unless Senate Bill No.____ or House Bill No. 4420 (request no.

 

14  01419'19) of the 100th Legislature is enacted into law.