SOLICITING ANOTHER TO BUY EPHEDRINE                            H.B. 5089 (H-1) & 5090 (H-2):

                                                                               SUMMARY OF HOUSE-PASSED BILL

                                                                                                                            

 

 

 

 

 

 

 

 

 

House Bill 5089 (Substitute H-1 as passed by the House)

House Bill 5090 (Substitute H-2 as passed by the House)

Sponsor:  Representative Bob Genetski (H.B. 5089)

               Representative Aric Nesbitt (H.B. 5090)

House Committee:  Criminal Justice

 

CONTENT

 

House Bill 5089 (H-1) would amend the Public Health Code to prohibit a person from soliciting another to purchase or otherwise obtain any amount of ephedrine or pseudoephedrine knowing that it was to be used for the purpose of illegally manufacturing methamphetamine.

 

A violation would be a felony punishable by up to 10 years' imprisonment and/or a maximum fine of $10,000. The court would have to report the violation to the Department of State Police.

 

House Bill 5090 (H-2) would amend the Code of Criminal Procedure to include the felony proposed by House Bill 5089 (H-1) in the sentencing guidelines as a Class D controlled substances felony, with a statutory maximum sentence of 10 years' imprisonment.

 

House Bill 5090 (H-2) is tie-barred to House Bill 5089. Both bills would take effect on January 1, 2015.

 

Proposed MCL 333.7340c (H.B. 5089)                          Legislative Analyst:  Patrick Affholter

MCL 777.13m (H.B. 5090)

 

FISCAL IMPACT

 

The bills would create a felony offense for soliciting another person to purchase ephedrine or pseudoephedrine for use in manufacturing methamphetamine. For convictions under the bills, the cost to State government would be approximately $35,000 per prisoner per year. The cost to local government, if any, would be additional resources required by the courts.

 

Date Completed:  6-10-14                                                    Fiscal Analyst:  John Maxwell

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.