ANHYDROUS AMMONIA: SENTENCING - S.B. 777 (S-2): FLOOR ANALYSIS

sans-serif">Senate Bill 777 (Substitute S-2 as reported)

Sponsor: Senator Tom George

Committee: Judiciary


CONTENT


The bill would amend the Code of Criminal Procedure to include in the sentencing guidelines unlawfully possessing or transporting anhydrous ammonia or tampering with containers (as Senate Bill 652 (S-3) would prohibit). The offense would be listed as a Class F felony against the public safety with a statutory maximum sentence of four years’ imprisonment.


The bill would take effect on January 31, 2004, and is tie-barred to Senate Bill 652.


MCL 777.16x - Legislative Analyst: Patrick Affholter


FISCAL IMPACT


Senate Bills 652 (S-3) and 777 (S-2) would have an indeterminate fiscal impact on State and local government.


There are no data to indicate how many offenders would be convicted of transporting or possessing anhydrous ammonia in an unapproved container or tampering with an approved container. Offenders convicted of the proposed Class F crime would receive a sentencing guidelines minimum sentence range from 0-3 months to 17-30 months. Local units would incur the cost of incarceration in a local facility, which varies by county. The State would incur the cost of felony probation at an average annual cost of $1,750, as well as the cost of incarceration in a State facility at an average annual cost of $27,000.


Public libraries would benefit from any additional penal fine revenue raised due to the proposed offense.

 

Date Completed: 10-20-03 - Fiscal Analyst: Bethany WicksallFloor\sb777 - Bill Analysis @ www.senate.michigan.gov/sfa

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.