H01838'03 * (S-3)

HB-5174, As Passed Senate, June 30, 2004

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5174

A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

by amending sections 16 and 18 (MCL 750.16 and 750.18), section

16 as amended by 2002 PA 672.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 16. ~~A person who fraudulently adulterates, for the~~

2 ~~purpose of sale, any drug or medicine so as to render the drug or~~

3 ~~medicine injurious to health is guilty of a misdemeanor~~

4 ~~punishable by imprisonment for not more than 1 year or a fine of~~

5 ~~not more than $1,000.00.~~

6 (1) Except as otherwise provided in this section, a person

7 who knowingly or recklessly commits any of the following actions

8 is guilty of a felony punishable by imprisonment for not more

9 than 2 years or a fine of not more than $1,000.00, or both:

10 (a) Adulterates, misbrands, removes, or substitutes a drug

1 or medicine so as to render that drug or medicine injurious to

2 health.

3 (b) Sells, offers for sale, possesses for sale, causes to be

4 sold, or manufactures for sale a drug or medicine that has been

5 adulterated, misbranded, removed, or substituted so as to render

6 it injurious to health.

7 (2) A person who violates subsection (1), which violation

8 results in personal injury, is guilty of a felony punishable by

9 imprisonment for not more than 4 years or a fine of not more than

10 $4,000.00, or both.

11 (3) A person who violates subsection (1), which violation

12 results in serious impairment of a body function, is guilty of a

13 felony punishable by imprisonment for not more than 5 years or a

14 fine of not more than $5,000.00, or both.

15 (4) A person who violates subsection (1), which violation

16 results in death, is guilty of a felony punishable by

17 imprisonment for not more than 15 years or a fine of not more

18 than $20,000.00, or both.

19 (5) A person who violates subsection (1) with the intent to

20 kill or to cause serious impairment of a body function of 2 or

21 more individuals, which violation results in death, is guilty of

22 a felony punishable by imprisonment for life without possibility

23 of parole or life without possibility of parole and a fine of not

24 more than $40,000.00. It is not a defense to a charge under this

25 subsection that the person did not intend to kill a specific

26 individual or did not intend to cause serious impairment of a

27 body function of 2 or more specific individuals.

1 (6) As used in this section, "serious impairment of a body

2 function" means that phrase as defined in section 58c of the

3 Michigan vehicle code, 1949 PA 300, MCL 257.58c.

4 (7) This section does not prohibit an individual from being

5 charged with, convicted of, or punished for any other violation

6 of law that is committed by that individual while violating this

7 section.

8 Sec. 18. (1) ~~Adulterating drugs or medicines so as to~~

9 ~~injuriously affect quality--Any person who shall, except for the~~

10 ~~purpose of compounding in the necessary preparation of medicine,~~

11 Except for the purpose of compounding in the necessary

12 preparation of medicine, a person shall not knowingly or

13 recklessly mix, color, stain, or powder, or order or permit ~~any~~

14 ~~other~~ another person to mix, color, stain, or powder, ~~any~~ a

15 drug or medicine with ~~any~~ an ingredient or ~~ingredients or~~

16 ~~materials~~ material so as to ~~affect~~ injuriously affect the

17 quality or potency of ~~such~~ the drug or medicine. ~~, with intent~~

18 ~~to sell the same; and any person who shall~~

19 (2) A person shall not sell, or offer for sale, ~~any such~~

20 possess for sale, cause to be sold, or manufacture for sale a

21 drug or medicine so mixed, colored, stained, or powdered ,

22 ~~shall be guilty of a misdemeanor~~ in the manner proscribed in

23 subsection (1).

24 (3) Except as otherwise provided in this section, a person

25 who violates subsection (1) or (2) is guilty of a felony

26 punishable by imprisonment for not more than 2 years or a fine of

27 not more than $1,000.00, or both.

1 (4) A person who violates subsection (1) or (2), which

2 violation results in personal injury, is guilty of a felony

3 punishable by imprisonment for not more than 4 years or a fine of

4 not more than $4,000.00, or both.

5 (5) A person who violates subsection (1) or (2), which

6 violation results in serious impairment of a body function, is

7 guilty of a felony punishable by imprisonment for not more than 5

8 years or a fine of not more than $5,000.00, or both.

9 (6) A person who violates subsection (1) or (2), which

10 violation results in death, is guilty of a felony punishable by

11 imprisonment for not more than 15 years or a fine of not more

12 than $20,000.00, or both.

13 (7) A person who violates subsection (1) or (2) with the

14 intent to kill or to cause serious impairment of a body function

15 of 2 or more individuals, which violation results in death, is

16 guilty of a felony punishable by imprisonment for life without

17 possibility of parole or life without possibility of parole and a

18 fine of not more than $40,000.00. It is not a defense to a

19 charge under this subsection that the person did not intend to

20 kill a specific individual or did not intend to cause serious

21 impairment of a body function of 2 or more specific individuals.

22 (8) As used in this section, "serious impairment of a body

23 function" means that phrase as defined in section 58c of the

24 Michigan vehicle code, 1949 PA 300, MCL 257.58c.

25 (9) This section does not prohibit an individual from being

26 charged with, convicted of, or punished for any other violation

27 of law that is committed by that individual while violating this