HB-4889, As Passed House, October 22, 2013

SUBSTITUTE FOR

HOUSE BILL NO. 4889

A bill to amend 1927 PA 175, entitled

"The code of criminal procedure,"

by amending section 45 of chapter XVII (MCL 777.45), as amended

by 2002 PA 666.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 CHAPTER XVII

2 Sec. 45. (1) Offense variable 15 is aggravated controlled

3 substance offenses. Score offense variable 15 by determining

4 which of the following apply and by assigning the number of

5 points attributable to the one that has the highest number of

6 points:

7 (a) The offense involved the manufacture,

8 creation, delivery, possession, or possession with

1 intent to manufacture, create, or deliver of 1,000

2 or more grams of any mixture containing a controlled

3 substance classified in schedule 1 or 2 that is a

4 narcotic drug or a drug described in section

5 7214(a)(iv)........................................... 100 points

6 (b) The offense involved the manufacture,

7 creation, delivery, possession, or possession with

8 intent to manufacture, create, or deliver of 450

9 grams or more but less than 1,000 grams of any

10 mixture containing a controlled substance classified

11 in schedule 1 or 2 that is a narcotic drug or a drug

12 described in section 7214(a)(iv)...................... 75 points

13 (c) The offense involved the manufacture,

14 creation, delivery, possession, or possession with

15 intent to manufacture, create, or deliver of 50 or

16 more grams but less than 450 grams of any mixture

17 containing a controlled substance classified in

18 schedule 1 or 2 that is a narcotic drug or a drug

19 described in section 7214(a)(iv)...................... 50 points

20 (d) The offense involved traveling from another

21 state or country to this state while in possession of

22 any mixture containing a controlled substance classified

23 in schedule 1 or 2 that is a narcotic drug or a drug

24 described in section 7212 or 7214 with the intent to

25 deliver that mixture in this state................... 50 points

26 (e) ~~(d)~~ The offense involved the sale or delivery

27 of a controlled substance other than marihuana or a

28 mixture containing a controlled substance other than

29 marihuana by the offender who was 18 years of age or

1 older to a minor who was 3 or more years younger than

2 the offender......................................... 25 points

3 (f) ~~(e)~~ The offense involved the sale, delivery,

4 or possession with intent to sell or deliver 45

5 kilograms or more of marihuana or 200 or more of

6 marihuana plants..................................... 10 points

7 (g) ~~(f)~~ The offense is a violation of section

8 7401(2)(a)(i) to (iii) pertaining to a controlled

9 substance classified in schedule 1 or 2 that is a

10 narcotic drug or a drug described in section 7214(a)(iv)

11 and was committed in a minor's abode, settled home,

12 or domicile, regardless of whether the minor was

13 present.............................................. 10 points

14 (h) ~~(g)~~ The offense involved the delivery or

15 possession with intent to deliver marihuana or any

16 other controlled substance or a counterfeit controlled

17 substance or possession of controlled substances or

18 counterfeit controlled substances having a value or

19 under such circumstances as to indicate trafficking.. 5 points

20 (i) ~~(h)~~ The offense was not an offense described

21 in subdivisions (a) through ~~(g)~~ (h).................. 0 points

22 (2) As used in this section:

23 (a) "Deliver" means the actual or constructive transfer of a

24 controlled substance from 1 individual to another regardless of

25 remuneration.

26 (b) "Minor" means an individual 17 years of age or less.

27 (c) "Trafficking" means the sale or delivery of controlled

28 substances or counterfeit controlled substances on a continuing