CONT. SUB. VIOLATION PROSECUTION; VENUE                                          S.B. 20 & 21:

                                                                                 SUMMARY OF INTRODUCED BILL

                                                                                                         IN COMMITTEE

Senate Bills 20 and 21 (as introduced 1-15-19)

Sponsor:  Senator Dale W. Zorn

Committee:  Judiciary and Public Safety

Date Completed:  5-24-19

CONTENT

Senate Bill 20 would amend Section 317a of the Michigan Penal Code to allow a violation for delivery of a controlled substance causing death to be prosecuted in the county in which the controlled substance was delivered or consumed, or in which the death occurred.   

Senate Bill 21 would amend the Code of Criminal Procedure to specify that a violation of Section 317a of the Penal Code could be prosecuted in the same venues as described in Senate Bill 20.

The bills are tie-barred, and each bill would take effect 90 days after its enactment. Senate Bill 20 is described in more detail below.

Section 317a of the Penal Code specifies that a person who delivers to another person a Schedule 1 or 2 controlled substance, other than marihuana, in violation of Section 7401 of the Public Health Code, that is consumed by that person or any other person and that causes the death of that person is guilty of a felony punishable by imprisonment for life or any term of years.

Under the bill, a violation of Section 317a could be prosecuted in the county in which any of the following occurred:

-- Delivery of the controlled substance was made.

-- The controlled substance was consumed.

-- The death caused by the delivery of the controlled substance occurred.

(Section 7401 of the Public Health Code prohibits a person from manufacturing, creating, delivering, or possessing with intent to manufacture, create, or deliver certain controlled substances. Penalties for a violation vary, depending on the substance and/or the amount of the substance.)

MCL 750.317a (S.B. 20)                                          Legislative Analyst:  Stephen Jackson

Proposed MCL 760.5a (S.B. 21)

FISCAL IMPACT

The bill would have no fiscal impact on State or local government.

                                                                                 Fiscal Analyst:  Michael Siracuse

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.