Bill Text: MI SB1059 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Controlled substances; penalties; sentence of life without possibility for parole for certain second or subsequent controlled substance violations; eliminate. Amends sec. 7413 of 1978 PA 368 (MCL 333.7413).
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-09-16 - Referred To Committee On Judiciary [SB1059 Detail]
Download: Michigan-2013-SB1059-Introduced.html
SENATE BILL No. 1059
September 16, 2014, Introduced by Senator BIEDA and referred to the Committee on Judiciary.
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 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 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.
