Michigan House Bill HB4025

Michigan 2023-2024 Regular Session

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

Caption

Criminal procedure: jurisdiction; jurisdiction for prosecution for delivery of controlled substance causing death; modify. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 5a to ch. II. TIE BAR WITH: HB 4024'23

Impact

The impact of HB4025 would be notable on state laws governing drug offenses. By clearly specifying the potential venues for prosecution, the legislation aims to enhance law enforcement's ability to address issues related to drug deliveries that lead to fatalities. This change is seen as instrumental in bolstering accountability and facilitating more effective legal actions against offenders involved in drug-related deaths. Furthermore, this amendment is tied to Senate Bill No. ____ and House Bill No. 4024, positioning it within a broader legislative framework aimed at addressing drug abuse and violence more comprehensively.

Summary

House Bill 4025 aims to amend the Michigan Code of Criminal Procedure by adding a new provision that relates to the jurisdiction for prosecuting violations concerning the delivery of controlled substances, particularly in instances where such delivery results in death. Specifically, the bill stipulates that prosecutions can occur in the county where the delivery was made, where the substance was consumed, or where the death caused by the delivery occurred. This new section is intended to clarify and expand the prosecutorial jurisdiction in serious drug-related offenses, which are a significant concern in public health and safety.

Contention

There may be concerns and discussions surrounding HB4025, particularly in relation to how it may affect local judicial resources and the implications of ensuring fair trial rights in multiple jurisdictions. Critics might argue that broadening the prosecution's geographical purview could lead to complications for defendants, particularly regarding the ability to receive a fair trial in the county where the crime is prosecuted. Additionally, supporters may emphasize the need for stricter measures against the opioid crisis and the importance of providing law enforcement with the necessary tools to combat drug-related offenses effectively.