June 15, 2006, Introduced by Senator SWITALSKI and referred to the Committee on Judiciary.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending sections 33 and 48 of chapter XVII (MCL 777.33 and
777.48), as amended by 2003 PA 134.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER XVII
Sec. 33. (1) Offense variable 3 is physical injury to a
victim. Score offense variable 3 by determining which of the
following apply and by assigning the number of points attributable
to the one that has the highest number of points:
(a) A victim was killed ............................. 100 points
(b) A victim was killed .............................. 50 points
(c) Life threatening or permanent incapacitating
injury occurred to a victim ............................... 25 points
(d) Bodily injury requiring medical treatment
occurred to a victim ...................................... 10 points
(e) Bodily injury not requiring medical treatment
occurred to a victim ....................................... 5 points
(f) No physical injury occurred to a victim ........... 0 points
(2) All of the following apply to scoring offense variable 3:
(a) In multiple offender cases, if 1 offender is assessed
points for death or physical injury, all offenders shall be
assessed the same number of points.
(b) Score 100 points if death results from the commission of a
crime and homicide is not the sentencing offense.
(c) Score 50 points if death results from the commission of a
crime and the offense or attempted offense involves the operation
of a vehicle, vessel, ORV, snowmobile, aircraft, or locomotive and
any of the following apply:
(i) The offender was under the influence of or visibly impaired
by the use of alcoholic liquor, a controlled substance, or a
combination of alcoholic liquor and a controlled substance.
(ii) The offender had an alcohol content of 0.08 grams or more
per 100 milliliters of blood, per 210 liters of breath, or per 67
milliliters
of urine. or, beginning October 1, 2013,
the offender
had
an alcohol content of 0.10 grams or more per 100 milliliters of
blood,
per 210 liters of breath, or per 67 milliliters of urine.
(iii) The offender's body contained any amount of a controlled
substance listed in schedule 1 under section 7212 of the public
health code, 1978 PA 368, MCL 333.7212, or a rule promulgated under
that section, or a controlled substance described in section
7214(a)(iv) of the public health code, 1978 PA 368, MCL 333.7214.
(d) Do not score 5 points if bodily injury is an element of
the sentencing offense.
(3) As used in this section, "requiring medical treatment"
refers to the necessity for treatment and not the victim's success
in obtaining treatment.
Sec. 48. (1) Offense variable 18 is operator ability affected
by alcohol or drugs. Score offense variable 18 by determining which
of the following apply and by assigning the number of points
attributable to the one that has the highest number of points:
(a) The offender operated a vehicle, vessel, ORV,
snowmobile, aircraft, or locomotive when his or her
bodily alcohol content was 0.20 grams or more per 100
milliliters of blood, per 210 liters of breath,
or per 67 milliliters of urine ............................ 20 points
(b) The offender operated a vehicle, vessel, ORV,
snowmobile, aircraft, or locomotive when his or her
bodily alcohol content was 0.15 grams or more but less
than 0.20 grams per 100 milliliters of blood, per 210
liters of breath, or per 67 milliliters of urine .......... 15 points
(c) The offender operated a vehicle, vessel, ORV,
snowmobile, aircraft, or locomotive while the offender
was under the influence of alcoholic or intoxicating
liquor, a controlled substance, or a combination of
alcoholic or intoxicating liquor and a controlled
substance; or while the offender's body contained any
amount of a controlled substance listed in schedule 1
under section 7212 of the public health code, 1978
PA 368, MCL 333.7212, or a rule promulgated under that
section, or a controlled substance described in
section 7214(a)(iv) of the public health code, 1978
PA 368, MCL 333.7214; or while the offender had an
alcohol content of 0.08 grams or more but less than
0.15 grams per 100 milliliters of blood, per 210
liters
of breath, or per 67 milliliters of urine or,
beginning
October 1, 2013, the offender had an alcohol
content
of 0.10 grams or more but less than 0.15 grams
per
100 milliliters of blood, per 210 liters of breath,
or
per 67 milliliters of urine ............................ 10
points
(d) The offender operated a vehicle, vessel, ORV,
snowmobile, aircraft, or locomotive while he or she was
visibly impaired by the use of alcoholic or intoxicating
liquor or a controlled substance or a combination of
alcoholic or intoxicating liquor and a controlled substance,
or was less than 21 years of age and had any bodily alcohol
content .................................................... 5 points
(e) The offender's ability to operate a vehicle,
vessel, ORV, snowmobile, aircraft, or locomotive was not
affected by an alcoholic or intoxicating liquor or a
controlled substance or a combination of alcoholic or
intoxicating liquor and a controlled substance ............. 0 points
(2) As used in this section, "any bodily alcohol content"
means either of the following:
(a) An alcohol content of 0.02 grams or more but less than
0.08 grams per 100 milliliters of blood, per 210 liters of breath,
or
per 67 milliliters of urine. or, beginning October 1, 2013,
0.02
grams or more but less than 0.10 grams per 100 milliliters of
blood,
per 210 liters of breath, or per 67 milliliters of urine.
(b) Any presence of alcohol within an individual's body
resulting from the consumption of alcoholic or intoxicating liquor
other than the consumption of alcoholic or intoxicating liquor as
part of a generally recognized religious service or ceremony.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No. 1309
of the 93rd Legislature is enacted into law.