Michigan House Bill HB5130

Michigan 2023-2024 Regular Session

• Introduced: 10/12/23
• Refer: 10/12/23

Caption

Criminal procedure: sentencing guidelines; sentencing guidelines for delivering, manufacturing, or possessing with intent to deliver heroin or fentanyl; amend. Amends sec. 13m, ch. XVII of 1927 PA 175 (MCL 777.13m). TIE BAR WITH: HB 5128'23

Impact

Should HB 5130 be enacted, it would have significant implications on state sentencing laws concerning drug offenses. The bill aims to bolster the legal framework surrounding the handling of opioids by instituting harsher penalties for offenses linked to heroin and fentanyl. This initiative reflects a broader effort to combat the opioid crisis and discourage participation in such activities by enhancing the consequences for offenders, thereby signaling that the state is taking a firm stand against drug-related crimes.

Summary

House Bill 5130 is a legislative proposal aimed at amending the sentencing guidelines related to the delivery, manufacturing, or possession with intent to deliver heroin and fentanyl. This bill seeks to modify Section 13m of Chapter XVII of the Code of Criminal Procedure, originally enacted in 1927, and emphasizes stricter penalties for drug-related offenses, particularly those involving these potent and dangerous substances. The impetus for these amendments arises from a growing concern over opioid addiction and its devastating impacts on communities across Michigan.

Contention

Notably, discussions surrounding HB 5130 may encounter points of contention between lawmakers advocating for tougher drug laws and those concerned about the implications of harsh sentencing on certain communities. Advocates of the bill argue that intensified penalties are essential in deterring drug trafficking and use, especially substances as harmful as heroin and fentanyl. Conversely, opponents may highlight the need for a more rehabilitative approach rather than punitive measures, which could exacerbate existing issues related to incarceration rates among non-violent offenders.