Michigan House Bill HB4024

Michigan 2023-2024 Regular Session

• Introduced: 1/18/23
• Refer: 1/18/23

Caption

Criminal procedure: jurisdiction; venue for prosecution of delivery of a controlled substance causing death; modify. Amends sec. 317a of 1931 PA 328 (MCL 750.317a). TIE BAR WITH: HB 4025'23

Impact

If enacted, HB 4024 would significantly alter the legal landscape concerning drug-related crimes in Michigan. By enhancing penalties for the delivery of substances that lead to death, the law aims to deter potential offenders from engaging in such activities, thereby possibly curbing the opioid epidemic and other substance abuse crises. Furthermore, it would establish a broader jurisdiction for prosecuting these offenses, allowing cases to be tried in the county where the delivery, consumption, or death occurred. This could lead to more localized prosecutorial authority and a greater emphasis on community-focused enforcement.

Summary

House Bill 4024 seeks to amend section 317a of the Michigan penal code to impose stricter penalties for individuals who deliver controlled substances categorized as schedule 1 or 2, leading to the death of another person. Under the proposed amendment, any such delivery that results in consumption and subsequent death would be classified as a felony, punishable by life imprisonment or a term of years. This legal framework aims to address the rising concerns associated with drug overdoses and related fatalities in the state, reinforcing the seriousness of drug delivery offenses.

Contention

Key points of contention surrounding HB 4024 may arise from the implications of imposing life sentences for drug delivery offenses, a measure some stakeholders deem excessively harsh. Critics may argue that such punitive measures fail to address the root causes of substance abuse and lack a focus on rehabilitation. Additionally, there may be concerns regarding the adequacy of due process in drug-related prosecutions, as well as the resources required for enforcement. The bill is tied to HB 4025, meaning its enactment is contingent upon the passage of complementary legislation, potentially complicating its legislative journey.