CONT. SUB. VIOLATION PROSECUTION; VENUE S.B. 14 & 15:
SUMMARY OF BILL
REPORTED FROM COMMITTEE
Senate Bills 14 and 15 (as reported without amendment)
Committee: Judiciary and Public Safety
CONTENT
Senate Bill 14 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.
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.
Senate Bill 15 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 14.
The bills are tie-barred
MCL 750.317a (S.B. 14) Legislative Analyst: Stephen Jackson
Proposed MCL 760.5a (S.B. 15)
FISCAL IMPACT
The bills would have no fiscal impact on State or local government.
Date Completed: 3-11-21 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.