HB-4131, As Passed Senate, April 24, 2013
SUBSTITUTE FOR
HOUSE BILL NO. 4131
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending sections 33 and 48 of chapter XVII (MCL 777.33 and
777.48), as amended by 2003 PA 134.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 CHAPTER XVII
2 Sec. 33. (1) Offense variable 3 is physical injury to a
3 victim. Score offense variable 3 by determining which of the
4 following apply and by assigning the number of points
5 attributable to the one that has the highest number of points:
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6 |
(a) A victim was killed........................... |
100 points |
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7 |
(b) A victim was killed........................... |
50 points |
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8 |
(c) Life threatening or permanent incapacitating |
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1 |
injury occurred to a victim............................ |
25 points |
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2 |
(d) Bodily injury requiring medical treatment |
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3 |
occurred to a victim................................... |
10 points |
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4 |
(e) Bodily injury not requiring medical treatment |
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5 |
occurred to a victim................................... |
5 points |
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6 |
(f) No physical injury occurred to a victim....... |
0 points |
7 (2) All of the following apply to scoring offense variable
8 3:
9 (a) In multiple offender cases, if 1 offender is assessed
10 points for death or physical injury, all offenders shall be
11 assessed the same number of points.
12 (b) Score 100 points if death results from the commission of
13 a crime and homicide is not the sentencing offense.
14 (c) Score 50 points if death results from the commission of
15 a crime and the offense or attempted offense involves the
16 operation of a vehicle, vessel, ORV, snowmobile, aircraft, or
17 locomotive and any of the following apply:
18 (i) The offender was under the influence of or visibly
19 impaired by the use of alcoholic liquor, a controlled substance,
20 or a combination of alcoholic liquor and a controlled substance.
21 (ii) The offender had an alcohol content of 0.08 grams or
22 more per 100 milliliters of blood, per 210 liters of breath, or
23 per 67 milliliters of urine or, beginning October 1, 2013, 2018,
24 the offender had an alcohol content of 0.10 grams or more per 100
25 milliliters of blood, per 210 liters of breath, or per 67
26 milliliters of urine.
27 (iii) The offender's body contained any amount of a controlled
1 substance listed in schedule 1 under section 7212 of the public
2 health code, 1978 PA 368, MCL 333.7212, or a rule promulgated
3 under that section, or a controlled substance described in
4 section 7214(a)(iv) of the public health code, 1978 PA 368, MCL
5 333.7214.
6 (d) Do not score 5 points if bodily injury is an element of
7 the sentencing offense.
8 (3) As used in this section, "requiring medical treatment"
9 refers to the necessity for treatment and not the victim's
10 success in obtaining treatment.
11 Sec. 48. (1) Offense variable 18 is operator ability
12 affected by alcohol or drugs. Score offense variable 18 by
13 determining which of the following apply and by assigning the
14 number of points attributable to the one that has the highest
15 number of points:
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16 |
(a) The offender operated a vehicle, vessel, ORV, |
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17 |
snowmobile, aircraft, or locomotive when his or her |
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18 |
bodily alcohol content was 0.20 grams or more per 100 |
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19 |
milliliters of blood, per 210 liters of breath, or per |
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20 |
67 milliliters of urine................................ |
20 points |
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21 |
(b) The offender operated a vehicle, vessel, ORV, |
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22 |
snowmobile, aircraft, or locomotive when his or her |
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23 |
bodily alcohol content was 0.15 grams or more but less |
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24 |
than 0.20 grams per 100 milliliters of blood, per 210 |
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25 |
liters of breath, or per 67 milliliters of urine....... |
15 points |
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26 |
(c) The offender operated a vehicle, vessel, ORV, |
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27 |
snowmobile, aircraft, or locomotive while the offender |
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1 |
was under the influence of alcoholic or intoxicating |
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2 |
liquor, a controlled substance, or a combination of |
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3 |
alcoholic or intoxicating liquor and a controlled |
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4 |
substance; or while the offender's body contained any |
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5 |
amount of a controlled substance listed in schedule 1 |
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6 |
under section 7212 of the public health code, 1978 PA |
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7 |
368, MCL 333.7212, or a rule promulgated under that |
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8 |
section, or a controlled substance described in section |
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9 |
7214(a)(iv) of the public health code, 1978 PA 368, MCL |
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10 |
333.7214; or while the offender had an alcohol content |
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11 |
of 0.08 grams or more but less than 0.15 grams per 100 |
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12 |
milliliters of blood, per 210 liters of breath, or per |
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13 |
67
milliliters of urine or, beginning October 1, |
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14 |
2018, the offender had an alcohol content of 0.10 grams |
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15 |
or more but less than 0.15 grams per 100 milliliters of |
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16 |
blood, per 210 liters of breath, or per 67 milliliters |
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17 |
of urine............................................... |
10 points |
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18 |
(d) The offender operated a vehicle, vessel, ORV, |
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19 |
snowmobile, aircraft, or locomotive while he or she was |
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20 |
visibly impaired by the use of alcoholic or intoxicating |
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21 |
liquor or a controlled substance or a combination of |
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22 |
alcoholic or intoxicating liquor and a controlled |
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23 |
substance, or was less than 21 years of age and had any |
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24 |
bodily alcohol content................................. |
5 points |
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25 |
(e) The offender's ability to operate a vehicle, |
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26 |
vessel, ORV, snowmobile, aircraft, or locomotive was not |
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27 |
affected by an alcoholic or intoxicating liquor or a |
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28 |
controlled substance or a combination of alcoholic or |
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29 |
intoxicating liquor and a controlled substance......... |
0 points |
30 (2) As used in this section, "any bodily alcohol content"
1 means either of the following:
2 (a) An alcohol content of 0.02 grams or more but less than
3 0.08 grams per 100 milliliters of blood, per 210 liters of
4 breath, or per 67 milliliters of urine or, beginning October 1,
5 2013, 2018, 0.02 grams or more but less than 0.10 grams per 100
6 milliliters of blood, per 210 liters of breath, or per 67
7 milliliters of urine.
8 (b) Any presence of alcohol within an individual's body
9 resulting from the consumption of alcoholic or intoxicating
10 liquor other than the consumption of alcoholic or intoxicating
11 liquor as part of a generally recognized religious service or
12 ceremony.
13 Enacting section 1. This amendatory act does not take effect
14 unless House Bill No. 4093 of the 97th Legislature is enacted
15 into law.