Bill Text: MI HB5002 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Controlled substances; narcotic drugs; probation penalties for buying and selling with intent to distribute, obtaining fraudulently, or abuse of substance; enhance. Amends sec. 2a, ch. XI of 1927 PA 175 (MCL 771.2a). TIE BAR WITH: HB 4775'09, HB 4928'09

Spectrum: Partisan Bill (Republican 14-0)

Status: (Introduced - Dead) 2009-05-27 - Printed Bill Filed 05/27/2009 [HB5002 Detail]

Download: Michigan-2009-HB5002-Introduced.html

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HOUSE BILL No. 5002

 

May 26, 2009, Introduced by Reps. Lori, Walsh, Proos, Lund, DeShazor, Bolger, Rick Jones, Elsenheimer, Kurtz, Opsommer, Haines, Pearce, Schuitmaker and Tyler and referred to the Committee on Judiciary.

 

     A bill to amend 1927 PA 175, entitled

 

"The code of criminal procedure,"

 

by amending section 2a of chapter XI (MCL 771.2a), as amended by

 

2006 PA 507.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

                              CHAPTER XI

 

     Sec. 2a. (1) The court may place an individual convicted of

 

violating section 411h of the Michigan penal code, 1931 PA 328, MCL

 

750.411h, on probation for not more than 5 years. The sentence is

 

subject to the conditions of probation set forth in section 411h(3)

 

of the Michigan penal code, 1931 PA 328, MCL 750.411h, and section

 

3 of this chapter. The probation is subject to revocation for any

 

violation of a condition of that probation.

 

     (2) The court may place an individual convicted of violating

 

section 411i of the Michigan penal code, 1931 PA 328, MCL 750.411i,

 

on probation for any term of years, but not less than 5 years. The

 

sentence is subject to the conditions of probation set forth in

 

section 411i(4) of the Michigan penal code, 1931 PA 328, MCL

 

750.411i, and section 3 of this chapter. The probation is subject

 

to revocation for any violation of a condition of that probation.

 

     (3) The court may place an individual convicted of a violation

 

of section 136b of the Michigan penal code, 1931 PA 328, MCL

 

750.136b, that is designated as a misdemeanor on probation for not

 

more than 5 years.

 

     (4) The court shall place an individual convicted of a

 

violation described in section 7407(4) of the public health code,

 

1978 PA 368, MCL 333.7404, on probation for 10 years. The sentence

 

is subject to the conditions of probation set forth in section 3 of

 

this chapter. The probation is subject to revocation for any

 

violation of a condition of that probation.

 

     (5) (4) The court shall by order, to be filed or entered in

 

the cause as the court directs by general rule or in each case, fix

 

and determine the period and conditions of probation. The order is

 

part of the record in the cause. The court may amend the order in

 

form or substance at any time.

 

     (6) (5) Subsections (1), (2), (3), and (4), and (5) do not

 

apply to a juvenile placed on probation and committed under section

 

1(3) or (4) of chapter IX to an institution or agency described in

 

the youth rehabilitation services act, 1974 PA 150, MCL 803.301 to

 

803.309.

 

     (7) (6) Except as otherwise provided by law, the court may

 

place an individual convicted of a listed offense on probation

 

subject to the requirements of this subsection and subsections (7)

 

(8) through (12) (13) for any term of years but not less than 5

 

years.

 

     (8) (7) Except as otherwise provided in subsections (8) (9) to

 

(12) (13), if an individual is placed on probation under subsection

 

(6) (7), the court shall order the individual not to do any of the

 

following:

 

     (a) Reside within a student safety zone.

 

     (b) Work within a student safety zone.

 

     (c) Loiter within a student safety zone.

 

     (9) (8) The court shall not impose a condition of probation

 

described in subsection (7)(a) (8)(a) if any of the following

 

apply:

 

     (a) The individual is not more than 19 years of age and

 

attends secondary school or postsecondary school, and resides with

 

his or her parent or guardian. However, an individual described in

 

this subdivision shall be ordered not to initiate or maintain

 

contact with a minor within that student safety zone. The

 

individual shall be permitted to initiate or maintain contact with

 

a minor with whom he or she attends secondary school or

 

postsecondary school in conjunction with that school attendance.

 

     (b) The individual is not more than 26 years of age, attends a

 

special education program, and resides with his or her parent or

 

guardian or in a group home or assisted living facility. However,

 

an individual described in this subdivision shall be ordered not to

 

initiate or maintain contact with a minor within that student

 

safety zone. The individual shall be permitted to initiate or

 

maintain contact with a minor with whom he or she attends a special

 

education program in conjunction with that attendance.

 

     (c) The individual was residing within that student safety

 

zone at the time the amendatory act that added this subdivision was

 

enacted into law on January 1, 2006. However, if the individual was

 

residing within the student safety zone at the time the amendatory

 

act that added this subdivision was enacted into law on January 1,

 

2006, the court shall order the individual not to initiate or

 

maintain contact with any minors within that student safety zone.

 

This subdivision does not prohibit the court from allowing contact

 

with any minors named in the probation order for good cause shown

 

and as specified in the probation order.

 

     (10) (9) An order issued under subsection (7)(a) (8)(a) shall

 

not prohibit an individual from being a patient in a hospital or

 

hospice that is located within a student safety zone. However, this

 

exception does not apply to an individual who initiates or

 

maintains contact with a minor within that student safety zone.

 

     (11) (10) The court shall not impose a condition of probation

 

described in subsection (7)(b) (8)(b) if the individual was working

 

within the student safety zone at the time the amendatory act that

 

added this subsection was enacted into law on January 1, 2006.

 

However, if the individual was working within the student safety

 

zone at the time the amendatory act that added this subsection was

 

enacted into law on January 1, 2006, the court shall order the

 

individual not to initiate or maintain contact with any minors in

 

the course of his or her employment within that student safety

 

zone. This subsection does not prohibit the court from allowing

 

contact with any minors named in the probation order for good cause

 

shown and as specified in the probation order.

 

     (12) (11) The court shall not impose a condition of probation

 

described in subsection (7)(b) (8)(b) if the individual only

 

intermittently or sporadically enters a student safety zone for

 

purposes of work. If the individual intermittently or sporadically

 

works within a student safety zone, the court shall order the

 

individual not to initiate or maintain contact with any minors in

 

the course of his or her employment within that safety zone. This

 

subsection does not prohibit the court from allowing contact with

 

any minors named in the probation order for good cause shown and as

 

specified in the probation order.

 

     (13) (12) The court may exempt an individual from probation

 

under subsection (6) (7) if any of the following apply:

 

     (a) The individual has successfully completed his or her

 

probationary period under sections 11 to 15 of chapter II for

 

committing a listed offense and has been discharged from youthful

 

trainee status.

 

     (b) The individual was convicted of committing or attempting

 

to commit a violation solely described in section 520e(1)(a) of the

 

Michigan penal code, 1931 PA 328, MCL 750.520e, and at the time of

 

the violation was 17 years of age or older but less than 21 years

 

of age and is not more than 5 years older than the victim.

 

     (14) (13) As used in this section:

 

     (a) "Listed offense" means that term as defined in section 2

 

of the sex offenders registration act, 1994 PA 295, MCL 28.722.

 

     (b) "Loiter" means to remain for a period of time and under

 

circumstances that a reasonable person would determine is for the

 

primary purpose of observing or contacting minors.

 

     (c) "Minor" means an individual less than 18 years of age.

 

     (d) "School" means a public, private, denominational, or

 

parochial school offering developmental kindergarten, kindergarten,

 

or any grade from 1 through 12. School does not include a home

 

school.

 

     (e) "School property" means a building, facility, structure,

 

or real property owned, leased, or otherwise controlled by a

 

school, other than a building, facility, structure, or real

 

property that is no longer in use on a permanent or continuous

 

basis, to which either of the following applies:

 

     (i) It is used to impart educational instruction.

 

     (ii) It is for use by students not more than 19 years of age

 

for sports or other recreational activities.

 

     (f) "Student safety zone" means the area that lies 1,000 feet

 

or less from school property.

 

     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 all of the following bills of the 95th Legislature are

 

enacted into law:

 

     (a) Senate Bill No. ____ or House Bill No. 4775(request no.

 

01864'09).

 

     (b) Senate Bill No. ____ or House Bill No. 4928(request no.

 

01864'09 b).