Bill Text: MI HB4853 | 2011-2012 | 96th Legislature | Chaptered


Bill Title: Criminal procedure; sentencing guidelines; sentencing guidelines for crime of selling or providing medical marihuana to unprescribed user; implement. Amends sec. 13n, ch. XVII of 1927 PA 175 (MCL 777.13n).

Spectrum: Strong Partisan Bill (Republican 18-1)

Status: (Passed) 2012-12-31 - Assigned Pa 513'12 With Immediate Effect 2012 Addenda [HB4853 Detail]

Download: Michigan-2011-HB4853-Chaptered.html

Act No. 513

Public Acts of 2012

Approved by the Governor

December 27, 2012

Filed with the Secretary of State

December 28, 2012

EFFECTIVE DATE: April 1, 2013

STATE OF MICHIGAN

96TH LEGISLATURE

REGULAR SESSION OF 2012

Introduced by Reps. McBroom, Walsh, Cotter, Horn, Price, Olson, Outman, Goike, Rendon, Heise, Bledsoe, Callton, Agema, Tyler, Knollenberg, Daley, Lyons, Kurtz and Jacobsen

ENROLLED HOUSE BILL No. 4853

AN ACT to amend 1927 PA 175, entitled “An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,” by amending section 13n of chapter XVII (MCL 777.13n), as amended by 2011 PA 87.

The People of the State of Michigan enact:

CHAPTER XVII

Sec. 13n. This chapter applies to the following felonies enumerated in chapter 333 of the Michigan Compiled Laws:

M.C.L. Category Class Description Stat Max

333.10116(1) Pub ord E Purchasing or selling body part of deceased individual for transplantation or therapy 5

333.10117 Pub ord E Falsifying, concealing, or defacing document of anatomical gift for financial gain 5

333.10204(1) Pub ord F Transferring a human organ for valuable consideration 4

333.10204(4) Pub saf F Removal of a human organ by an unauthorized individual 4

333.10205 Pub saf F Removal of a human organ in an unapproved facility 4

333.13738(2) Pub saf F Waste disposal violations — subsequent offense 5

333.13738(3) Pub saf F Disposing of waste — indifference to human life 2

Pub saf B Disposing of waste — extreme indifference to human life 20

333.16170(3) Pub trst F False representation — health professional recovery program 4

333.16294 Pub saf F Health profession — unauthorized practice 4

333.17764(3) Pub saf G Adulterate, misbrand, remove, or substitute a drug or device 2

333.17764(4) Pub saf F Adulterate, misbrand, remove, or substitute a drug or device causing personal injury 4

333.17764(5) Pub saf E Adulterate, misbrand, remove, or substitute a drug or device causing serious impairment of a body function 5

333.17764(6) Pub saf C Adulterate, misbrand, remove, or substitute a drug or device causing death 15

333.17766c(2)(b) CS G Possession of more than 12 grams ephedrine or pseudoephedrine 2

333.20142(5) Pub trst F False statement — application licensure health facility 4

333.20153 Pub saf D Reuse of single-use medical device 10

333.21792 Pub trst G Nursing homes — referral fees/bribing officials/ accepting bribes 4

333.26424(k) Pub trst G Selling marihuana in violation of registry identification card restrictions 2

Enacting section 1. This amendatory act takes effect April 1, 2013.

This act is ordered to take immediate effect.

Clerk of the House of Representatives

Secretary of the Senate

Approved

Governor