HB-4889, As Passed Senate, December 11, 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