HOUSE BILL NO. 5157

A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

(MCL 750.1 to 750.568) by adding section 89a.

the people of the state of michigan enact:

Sec. 89a. (1) A person who delivers a schedule 1 or 2 controlled substance, other than marihuana, to another individual in violation of section 7401 of the public health code, 1978 PA 368, MCL 333.7401, that is consumed by that individual or any other individual and that causes serious injury to that individual or other individual is guilty of a felony punishable by imprisonment for life or any term of years.

(2) As used in this section:

(a) "Serious impairment of a body function" includes, but is not limited to, 1 or more of the following:

(i) Loss of a limb or loss of use of a limb.

(ii) Loss of a foot, hand, finger, or thumb or loss of use of a foot, hand, finger, or thumb.

(iii) Loss of an eye or ear or loss of use of an eye or ear.

(iv) Loss or substantial impairment of a bodily function.

(v) Serious visible disfigurement.

(vi) A comatose state that lasts for more than 3 days.

(vii) Measurable brain or mental impairment.

(viii) A skull fracture or other serious bone fracture.

(ix) Subdural hemorrhage or subdural hematoma.

(x) Loss of an organ.

(b) "Serious injury" means permanent, serious disfigurement, serious impairment of health, or serious impairment of a body function of an individual.

Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.