CONTROLLED SUBSTANCE VIOLATIONS: CLARIFY PENALTIES
House Bill 4787
Sponsor: Rep. Gary A. Newell
Committee: Criminal Justice
Complete to 9-6-01
A SUMMARY OF HOUSE BILL 4787 AS INTRODUCED 5-17-01
Section 7401 of the Public Health Code prohibits a person from manufacturing, possessing with intent to deliver, creating, or delivering a controlled substance and establishes penalties for violations - including the requirement that a term of imprisonment imposed for violations of Section 7401 or certain provisions of Section 7403 (which prohibits possession of Schedule 1 or 2 narcotics or prescription drug forms) must be served consecutively with any other term of imprisonment imposed for the commission of another felony. House Bill 4787 would amend Section 7401 to clarify that a person serving a mandatory term of imprisonment for violating Section 7401(2)(a) or 7403(2)(a)(i), (ii), (iii), or (iv) would not be eligible for probation, suspension of that sentence, or parole during the time period that he or she was serving the mandatory term of years, except as provided by law. Also, the person could not receive a reduction in the mandatory term of imprisonment by disciplinary credits or any other type of sentence credit reduction.
MCL 333.7401
_____________________________________________________________________________________________________________________
This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.