HB-4595, As Passed Senate, June 7, 2006

SUBSTITUTE FOR

HOUSE BILL NO. 4595

     A bill to amend 1978 PA 368, entitled

"Public health code,"

by amending section 7410a (MCL 333.7410a), as amended by 2000 PA

314.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 7410a. (1)  An individual 18 years of age or over who

does any of the following may be punished by a term of imprisonment

of not more than 2 years:

     (a) Violates section 7401(2)(a)(iv) or (2)(b)(i) or section

7401b by delivering a controlled substance or gamma-butyrolactone

to a minor who is in a public park or private park or within 1,000

feet of a public park or private park.

     (b) Violates section 7401(2)(a)(iv) or (2)(b)(i) or section

7401b by possessing with intent to deliver a controlled substance

or gamma-butyrolactone to a minor who is in a public park or

private park or within 1,000 feet of a public park or private park.

     (c) Violates section 7403(2)(a)(v), (b), (c), or (d) or

section 7401b by possessing a controlled substance or gamma-

butyrolactone in or within 1,000 feet of a public park or private

park.

     (d) Violates section 7401c within 1,000 feet of a public park

or private park.

     (2) The term of imprisonment authorized under subsection (1)

is in addition to the term of imprisonment authorized for the

violation of section 7401(2)(a)(iv) or (2)(b)(i), section 7401b,

section 7401c, or section 7403(2)(a)(v), (b), (c), or (d).

     (3) As used in this section:

     (a) "Private park" means real property owned or maintained by

a private individual or entity and that is open to the general

public or local residents for recreation or amusement.

     (b) "Public park" means real property owned or maintained by

this state or a political subdivision of this state that is

designated by this state or by that political subdivision as a

public park.