SENT. GUIDELINES: POISONING - S.B. 996 (S-1): FLOOR ANALYSIS



Senate Bill 996 (Substitute S-1 as reported)

Sponsor: Senator Dianne Byrum

Committee: Judiciary


CONTENT


The bill would amend the Code of Criminal Procedure to delete the current sentencing guidelines designations for poisoning food, drink, medicine, or wells and, instead, would include revised poisoning violations in the sentencing guidelines, as described in Table 1. The bill is tie-barred to House Bill 5507, which would amend the Michigan Penal Code to revise the poisoning offenses.


Table 1


Crime Class Category Maximum Sentence
Poisoning Food, Drink, Medicine, or Well
C

Public Safety

15 years
Poisoning...Causing Prop. Damage B Property 20 years
Poisoning...Causing Injury A Person 25 years
Poisoning...Causing Serious Impairment
A

Person

Life
False Report of Poisoning Food, Drink, Medicine, or Well
F

Public Order

4 years
False Report of Poisoning...w/ Prior Conviction
D

Public Safety

10 years

MCL 777.16v - Legislative Analyst: Patrick Affholter


FISCAL IMPACT


Senate Bill 996 (S-1) would have an indeterminate fiscal impact on State and local government. According to the Department of Corrections Statistical Report, two offenders were convicted of poisoning a food, drink, or well in 1999. By adding poisoning medicine to the crimes, the bill could potentially increase the number of offenders convicted of these crimes. Together with House Bill 5507, the Senate bill also could add to criminal justice costs by distinguishing between injury and serious impairment, adding new crimes for causing property damage and for falsely reporting with a previous conviction, and changing the crime classes for existing crimes to those with a longer maximum term in the minimum sentencing range. Table 2 shows both the current and proposed sentencing ranges for each of the crimes. Local jurisdictions would incur costs for housing offenders sentenced for less than a year at a cost that varies by county from $27 to $65 a day. The State would incur the cost of probation at $4.38 per day as well as the cost of incarceration in a State facility, at an average annual cost of $25,000.

Table 2


Sentencing Guideline Minimum (in Months)
Offenses Current Ranges Proposed Ranges
Poisoning food, drink, medicine, or well

(0-3) to (24-38)


(0-11) to (62-114)
Poisoning food, drink, medicine, or well causing property damage

n/a



(0-18) to (117-160)
Poisoning food, drink, medicine, or well causing injury

(21-35) to (270-450

or life)


(21-35) to

(270-300)

Poisoning food, drink, medicine, or well causing serious impairment



n/a

(21-35) to

(270-450 or life)

False report of poisoning food, drink, medicine, or well


(0-1) to (5-17)


(0-3) to (17-30)
False report of poisoning food, drink, medicine, or well with prior conviction

n/a



(0-6) to (43-76)

Date Completed: 2-4-02 - Fiscal Analyst: Bethany WicksallFloor\sb996

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.