October 15, 2003, Introduced by Reps. Robertson, Rocca, Ruth Johnson, Ward, Julian, Meyer, Stewart, Hager, Hart, Richardville, DeRossett, Newell, Milosch, Shackleton, LaJoy, Walker, Bisbee, Casperson, Gaffney, Nofs, Moolenaar, Caul, Amos, Kooiman and Tabor and referred to the Committee on Criminal Justice.
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) A person shall not knowingly or recklessly adulterate,
7 misbrand, or substitute a drug or medicine so as to render that
8 drug or medicine injurious to health with the intent to defraud
9 another. Except as otherwise provided in this subsection, a
10 person who violates this subsection is guilty of a felony
1 punishable by imprisonment for not more than 4 years or a fine of
2 not more than $5,000.00, or both.
3 (2) A person who violates subsection (1) resulting in
4 personal injury is guilty of a felony punishable by imprisonment
5 for not more than 10 years or a fine of not more than $10,000.00,
6 or both.
7 (3) A person who violates subsection (1) resulting in serious
8 impairment of bodily function is guilty of a felony punishable by
9 imprisonment for not more than 25 years or a fine of not more
10 than $25,000.00, or both.
11 (4) A person who violates subsection (1) resulting in death
12 is guilty of a felony and shall be punished by imprisonment for
13 life.
14 Sec. 18. (1) Adulterating
drugs or medicines so as to
15 injuriously affect
quality--Any person who shall, except for the
16 purpose of compounding
in the necessary preparation of medicine,
17 Except for the purpose of compounding in the necessary
18 preparation of medicine, a person shall not knowingly or
19 recklessly mix, color,
stain, or powder, or order or permit any
20 other another person to mix, color, stain, or
powder, any a
21 drug or medicine with any
an ingredient or ingredients or
22 materials material so as to affect injuriously affect
the
23 quality or potency of such
the drug or medicine, with intent to
24 sell the same; and
any person who shall defraud
another.
25 (2) A person shall not
sell or offer for sale any such a
26 drug or medicine so mixed,
colored, stained, or powdered ,
27 shall be guilty of a
misdemeanor in the manner
proscribed in
1 subsection (1).
2 (3) A person who violates subsection (1) or (2) is guilty of
3 a felony punishable by imprisonment for not more than 4 years or
4 a fine of not more than $5,000.00, or both.
5 (4) A person who violates subsection (1) or (2) resulting in
6 personal injury is guilty of a felony punishable by imprisonment
7 for not more than 10 years or a fine of not more than $10,000.00,
8 or both.
9 (5) A person who violates subsection (1) or (2) resulting in
10 serious impairment of bodily function is guilty of a felony
11 punishable by imprisonment for not more than 25 years or a fine
12 of not more than $25,000.00, or both.
13 (6) A person who violates subsection (1) or (2) resulting in
14 death is guilty of a felony punishable by imprisonment for life
15 or any term of years or a fine of not more than $40,000.00, or
16 both.