FIREARM USE WHILE UNDER INFLUENCE - S.B. 497 (S-2) & 498 (S-1): FLOOR ANALYSIS
Senate Bill 497 (Substitute S-2 as reported)
Senate Bill 498 (Substitute S-1 as reported)
Sponsor: Senator William Van Regenmorter
Committee: Judiciary
CONTENT
Senate Bills 497 (S-2) and 498 (S-1) would amend the Michigan Penal Code and the Code of Criminal Procedure, respectively, to revise the prohibition against possessing or using a firearm while under the influence of drugs or alcohol, and to add felony penalties to the sentencing guidelines. Senate Bill 497 (S-2) also would authorize a peace officer to require an individual to submit to a chemical analysis of his or her breath, blood, or urine, with collection and testing to be done in the same manner as required for driving violations. Senate Bill 498 (S-1) is tie-barred to Senate Bill 497.
Currently, the Penal Code prohibits a person who is under the influence of intoxicating liquor or any exhilarating or stupefying drug from carrying, having in his or her possession or control, or using or discharging a firearm. The violation is a misdemeanor. Senate Bill 497 (S-2) specifies instead that an individual could not carry, have in his or her possession or under his or her control, use in any manner, or discharge a firearm if the individual were under the influence of alcohol, a controlled substance, or both; the individual had an alcohol content of more than .07 gram per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine; or the individual's ability to use a firearm were visibly impaired, due to the consumption of alcohol, a controlled substance, or both.
A violation would be a misdemeanor punishable by up to 93 days' imprisonment and/or a maximum fine of $500. A violation that caused a serious impairment of a body function by the discharge or use of a firearm would be a felony punishable by up to five years' imprisonment and/or a fine of not less than $1,000 or more than $5,000. A violation that caused the death of another person by the discharge or use of a firearm would be a felony punishable by up to 15 years' imprisonment and/or a fine of not less than $2,500 or more than $10,000.
A peace officer who had probable cause to believe an individual violated the bill could require the individual to submit to a chemical analysis of his or her breath, blood, or urine. A person who had hemophilia, diabetes, or a condition that required the use of an anticoagulant would not be required to submit to a chemical analysis of his or her blood.
Senate Bill 498 (S-1) would add the felony penalties proposed by Senate Bill 497 (S-2) to the sentencing guidelines. Using a firearm while under the influence or while impaired, causing a serious impairment of a body function, would be a Class E felony against a person, with a statutory maximum sentence of five years' imprisonment. Using a firearm while under the influence or while impaired, causing a death, would be a Class C felony against a person, with a statutory maximum sentence of 15 years' imprisonment.
MCL 750.222 & 750.237 (S.B. 497) - Legislative Analyst: P. Affholter
777.16m (S.B. 498)
FISCAL IMPACT
The bills would have an indeterminate fiscal impact on State and local government.
Under the conditions described in the bills, causing a serious impairment of a body function would be a Class E felony with a minimum sentencing range from 0-3 months to 24-38 months, and causing death would be a Class C felony with a minimum sentencing range from 0-11 months to 62-114 months. Since carrying, using, or discharging a firearm under the influence of liquor or drugs is a misdemeanor under current law, there are no statewide data to indicate how many offenders a year are convicted of the crime.
Assuming that 10 offenders a year would be convicted of each of the felonies and that they would receive the longest minimum sentence, given that the annual cost of incarceration is $22,000, the cost of incarceration for these crimes would be $2,790,000. If offenders received the shortest sentences, costs of incarceration would be incurred by local governments or by the State for felony probation at $4.23 per day.
Date Completed: 5-29-01 - Fiscal Analyst: K. FirestoneFloor\sb497
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.