CONT. SUB. VIOLATION PROSECUTION; VENUE S.B. 14 & 15:
ANALYSIS AS PASSED BY THE SENATE
Senate Bills 14 and 15 (as passed by the Senate)
Committee: Judiciary and Public Safety
RATIONALE
The term "venue" refers to the location (county or judicial district) where a lawsuit may be filed or commenced. Each state has different rules determining the proper venue for different types of cases. Generally, in criminal cases, venue is the judicial district or county where the crime was committed. For civil cases, venue typically is the district or county which is the principal residence of a defendant, where a contract was executed or is to be performed, or where an accident took place. Parties to a lawsuit may agree to a different venue or change venue for convenience, pending approval of the court.
Section 317a of the Michigan Penal Code generally prescribes the offense of delivery of a controlled substance causing death. In a 2019 case, People v. McBurrows (504 Mich. 308), the Michigan Supreme Court ruled that in the prosecution of cases involving the delivery of a controlled substance causing death under Section 317a, venue is proper only in the county where the drugs were delivered, and not in the county where the death occurred. (For a more detailed summary of the McBurrows case, see BACKGROUND.)
Some people believe that the McBurrows decision limits potential prosecutions for the delivery of a controlled substance causing death, so it has been suggested that these cases should be allowed to be tried in any of the following venues: 1) where the drugs were delivered, 2) where the drugs were consumed, or 3) where the death occurred.
CONTENT
Senate Bill 14 would amend Section 317a of the Michigan Penal Code to allow a violation for delivery of a controlled substance causing death to be prosecuted in the county in which the controlled substance was delivered or consumed, or in which the death occurred.
Senate Bill 15 would amend the Code of Criminal Procedure to specify that a violation of Section 317a of the Penal Code could be prosecuted in the same venues as described in Senate Bill 14.
The bills are tie-barred, and each bill would take effect 90 days after its enactment. Senate Bill 14 is described in more detail below.
Section 317a of the Penal Code specifies that a person who delivers to another person a Schedule 1 or 2 controlled substance, other than marihuana, in violation of Section 7401 of the Public Health Code, that is consumed by that person or any other person and that causes the death of that person is guilty of a felony punishable by imprisonment for life or any term of years.
Under the bill, a violation of Section 317a could be prosecuted in the county in which any of the following occurred:
-- The county in which the controlled substance was made.
-- The county in which the controlled substance was consumed.
-- The county in which the death caused by the delivery of the controlled substance occurred.
(Section 7401 of the Public Health Code prohibits a person from manufacturing, creating, delivering, or possessing with intent to manufacture, create, or deliver certain controlled substances. Penalties for a violation vary, depending on the substance and/or the amount of the substance.)
MCL 750.317a (S.B. 14)
Proposed MCL 760.5a (S.B. 15)
BACKGROUND
The McBurrows case arose from the opioid-related overdose of a Monroe County resident, Nicholas Abraham. On December 12, 2016