Bill Text: MI HB4153 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Traffic control: driver license; penalties for driving on suspended license; modify. Amends secs, 317, 904 & 907 of 1949 PA 300 (MCL 257.317 et seq.). TIE BAR WITH: HB 4143'21, HB 4146'21, HB 4145'21, HB 4141'21, HB 4155'21, HB 4150'21
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2021-02-09 - Bill Electronically Reproduced 02/04/2021 [HB4153 Detail]
Download: Michigan-2021-HB4153-Introduced.html
HOUSE BILL NO. 4153
February 04, 2021, Introduced by Reps. Mueller
and Filler and referred to the Committee on Judiciary.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 317, 904, and 907 (MCL 257.317, 257.904, and 257.907), section 317 as amended by 2018 PA 566, section 904 as amended by 2018 PA 212, and section 907 as amended by 2015 PA 126.
the people of the state of michigan enact:
Sec. 317. (1) The
secretary of state may suspend, deny, or revoke the right of a nonresident to
operate a motor vehicle in this state for a cause for which the license of a
resident driver may be suspended, denied, or revoked. A nonresident who drives
a motor vehicle upon on a highway when the privilege to drive has been
suspended, revoked, or denied by the secretary of state is responsible for a civil infraction or guilty of a
misdemeanor punishable as provided in section
904.
(2) The secretary
of state, upon on
receiving a record of a violation of section 321a(1) by a
nonresident in this state, shall notify the motor vehicle administration or
other appropriate officer of the state where the nonresident is licensed of
that violation. The notification required under this subsection shall must
be given no later than 6 months after the date the citation was
issued to the nonresident. This subsection does not apply unless the governor
of this state has entered into an interstate compact requiring the notification
described in this subsection. The secretary of state may only share the
information described in this subsection to verify driving privileges or
licensure status, to report a conviction or withdrawal, or to ensure compliance
with 49 CFR 384.209.
(3) The secretary
of state, upon on
receiving a record of the conviction, civil infraction
determination, suspension, revocation, or forfeiture of bail in this state of a
nonresident of a violation the record of which is required to be maintained
under section 204a, shall forward a certified copy of the record to the motor
vehicle administrator or other appropriate officer in the state in which the
person is a resident.
(4) Within 10
days after an appeal is completed or the appeal period has expired if an appeal
is not made in a conviction, civil infraction determination, or bond forfeiture
entered against a nonresident in this state for a violation committed while
operating a commercial motor vehicle or any violation for a commercial driver
license holder regardless of vehicle type, except a parking violation, the
secretary of state shall notify the motor vehicle administration or other
appropriate officer of the state where the nonresident is licensed of that
conviction, determination, or forfeiture.
(5) If the secretary of state suspends, revokes, cancels, or denies the driving privileges of a nonresident for 60 days or more and that nonresident is licensed by another state to operate a commercial motor vehicle, the secretary of state shall, within 10 days after the effective date of the suspension, revocation, cancellation, or denial, forward a notification about that suspension, revocation, cancellation, or denial to the motor vehicle administrator or other appropriate officer of the state where the nonresident is licensed to operate a motor vehicle. A notice given under this subsection must include both the denial, if any, and the violation that caused the suspension, revocation, cancellation, or denial of the nonresident's driving privileges.
Sec. 904. (1) A person An
individual whose operator's or chauffeur's
license or registration certificate has been suspended or revoked, whose
application for license has been denied, or who has never applied for a
license, shall not operate a motor vehicle upon
on a highway or other place open
to the general public or generally accessible to motor vehicles, including an
area designated for the parking of motor vehicles, within this state.
(2) A person shall not knowingly permit a motor vehicle owned
by the person to be operated upon on a highway or other place open to the general
public or generally accessible to motor vehicles, including an area designated
for the parking of vehicles, within this state by a
person an individual whose
license or registration certificate is suspended or revoked, whose application
for license has been denied, or who has never applied for a license, except as
permitted under this act.
(3) Except as otherwise provided in this section, a person
who violates subsection (1) or (2) is responsible
for a civil infraction or guilty of a misdemeanor
punishable crime as
follows:
(a) For a first violation, by
imprisonment for not more than 93 days or a fine of the person is responsible for a civil infraction and may be fined not
more than $500.00, or both. $150.00. Unless the vehicle was stolen or used with the permission of
a person who did not knowingly permit an unlicensed driver to operate the
vehicle, the registration plates of the vehicle shall
must be canceled by the secretary
of state upon notification when notified by a peace officer.
(b) For a second violation, that occurs after a prior
conviction, by imprisonment for not more than 1 year or a fine of the person is responsible for a civil infraction and may be fined not
more than $1,000.00, or both. $250.00. Unless the vehicle was stolen, the registration plates of the
vehicle shall must
be canceled by the secretary of state upon
notification when notified by
a peace officer.
(c)
For a third or subsequent violation, the person is guilty of a misdemeanor
punishable by imprisonment for not more than 93 days or a fine of $500.00, or
both. If the vehicle was used in the commission of a crime, the person failed
to appear for a citation issued under this act, or the person failed to pay
fines and costs imposed under this act, the secretary of state shall cancel the
operator's or chauffeur's license or registration certificate of the individual
operating the vehicle.
(4) A person An individual who operates a motor vehicle in
violation of subsection (1) or a person an individual whose operator's or chauffeur's license
or registration certificate has been suspended or revoked by another state who
operates a motor vehicle during the period of suspension or revocation and who,
by operation of that motor vehicle, causes the death of another person individual
is guilty of a felony punishable by imprisonment for not more
than 15 years or a fine of not less than $2,500.00 or more than $10,000.00, or
both. This subsection does not apply to a
person an individual whose
operator's or chauffeur's license was suspended because that person individual
failed to answer a citation or comply with an order or judgment
under section 321a.
(5) A person An individual who operates a motor vehicle in
violation of subsection (1) or a person an individual whose operator's or chauffeur's license
or registration certificate has been suspended or revoked by another state who
operates a motor vehicle during the period of suspension or revocation and who,
by operation of that motor vehicle, causes the serious impairment of a body
function of another person individual is guilty of a felony punishable by
imprisonment for not more than 5 years or a fine of not less than $1,000.00 or
more than $5,000.00, or both. This subsection does not apply to a person an
individual whose operator's or chauffeur's license was suspended
because that person individual
failed to answer a citation or comply with an order or judgment
under section 321a.
(6) In addition to being subject to any other penalty
provided for in this act, if a person an individual is convicted under subsection (4) or
(5), the court may impose the sanction permitted under section 625n. If the
vehicle is not ordered forfeited under section 625n, the court shall order
vehicle immobilization under section 904d in the judgment of sentence.
(7) A person shall not knowingly permit a motor vehicle owned
by the person to be operated upon on a highway or other place open to the general
public or generally accessible to motor vehicles, including an area designated
for the parking of vehicles, within this state, by a
person an individual whose
license or registration certificate is suspended or revoked, whose application
for license has been denied, or who has never been licensed except as permitted
by this act. If a person an individual permitted to operate a motor vehicle in
violation of this subsection causes the serious impairment of a body function
of another person individual
by the operation of that motor
vehicle, the person knowingly permitting the operation of that motor vehicle is
guilty of a felony punishable by imprisonment for not more than 2 years, or a
fine of not less than $1,000.00 or more than $5,000.00, or both. If a person an
individual permitted to operate a motor vehicle in violation of
this subsection causes the death of another person
individual by the operation of that motor vehicle, the person
knowingly permitting the operation of that motor vehicle is guilty of a felony
punishable by imprisonment for not more than 5 years, or a fine of not less
than $1,000.00 or more than $5,000.00, or both.
(8) If the prosecuting attorney intends to seek an enhanced
sentence under this section based upon subsection (3)(c) because the defendant having has
1 or more prior convictions
or civil infraction determinations, the prosecuting attorney
shall include on the complaint and information, or an amended complaint and
information, filed in district court, circuit court, municipal court, or family
division of circuit court, a statement listing
that lists the defendant's prior
convictions or civil infraction determinations.
(9) A prior conviction or
civil infraction determination under this section shall must
be established at or before sentencing by 1 or more of the
following:
(a) A copy of a judgment of conviction.
(b) An abstract of conviction.
(c) A transcript of a prior hearing,
trial, plea, or sentencing.
(d) A copy of a court register of action.
(e) A copy of the defendant's driving record.
(f) Information contained in a presentence report.
(g) An admission by the defendant.
(h)
A judgment of civil infraction.
(10) Subject to section 732a(11)(c), upon on
receiving a record of a
person's an individual's conviction
or civil infraction determination for the unlawful operation of a motor vehicle
or a moving violation reportable under section 732 while the person's individual's
operator's or chauffeur's license is suspended or revoked, the
secretary of state immediately shall impose an additional like period of
suspension or revocation. This subsection applies only if the violation occurs
during a suspension of definite length or if the violation occurs before the person individual
is approved for a license following a revocation.
(11) Upon On receiving a record of a
person's an individual's conviction
or civil infraction determination for the unlawful operation of a motor vehicle
or a moving violation reportable under section 732 while the person's individual's
operator's or chauffeur's license is indefinitely suspended or
whose application for a license has been denied, the secretary of state
immediately shall impose a 30-day period of suspension or denial.
(12) Upon On receiving a record of the conviction, bond
forfeiture, or a civil infraction determination of a
person an individual for
unlawful operation of a motor vehicle requiring
that requires a vehicle group
designation while the designation is suspended or revoked under section 319b,
or while the person individual
is disqualified from operating a commercial motor vehicle by the
United States Secretary of Transportation or under 49 USC 31301 to 31317, the
secretary of state immediately shall impose an additional like period of
suspension or revocation. This subsection applies only if the violation occurs
during a suspension of definite length or if the violation occurs before the person individual
is approved for a license following a revocation.
(13) If the secretary of state receives records of more than
1 conviction or civil infraction determination resulting
that resulted from the same
incident, all of the convictions or civil infraction determinations shall must
be treated as a single violation for purposes of imposing an
additional period of suspension or revocation under subsection (10), (11), or
(12).
(14) Before a person an individual is arraigned before a district court
magistrate or judge on a charge of violating this section, the arresting
officer shall obtain the person's individual's driving record from the secretary of
state and shall furnish the record to the court. The driving record of the person individual
may be obtained from the secretary of state's computer
information network.
(15) This section does not apply to a
person an individual who
operates a vehicle solely for the purpose of protecting human life or property
if the life or property is endangered and summoning prompt aid is essential.
(16) A person An individual whose vehicle group designation is
suspended or revoked and who has been notified as provided in section 212 of
that suspension or revocation, or whose application for a vehicle group
designation has been denied as provided in this act, or who has never applied
for a vehicle group designation and who operates a commercial motor vehicle
within this state, except as permitted under this act, while any of those
conditions exist is guilty of a misdemeanor punishable, except as otherwise
provided in this section, by imprisonment for not less than 3 days or more than
93 days or a fine of not more than $100.00, or both.
(17) If a person an individual has a second or subsequent suspension
or revocation under this section within 7 years as indicated on the person's individual's
Michigan driving record, the court shall proceed as provided in
section 904d.
(18) Any period of suspension or revocation required under
subsection (10), (11), or (12) does not apply to a
person an individual who
has only 1 currently effective suspension or denial on his or her Michigan
driving record under section 321a and was convicted of or received a civil
infraction determination for a violation that occurred during that suspension
or denial. This subsection may only be applied once during the person's individual's
lifetime.
(19)
Notwithstanding subsection (3), an individual who operates a motor vehicle in
violation of subsection (1) or (2) while his or her license is suspended for failure
to answer a notice to appear for a criminal violation under section 321a, any
violation of section 625, reckless driving under section 626, or any driving
violation that causes the injury, death, or serious impairment of a body
function of another individual under this act or a local ordinance that
substantially corresponds to a provision of this act is guilty of a misdemeanor
punishable by imprisonment for not more than 93 days or a fine of $500.00, or
both.
(20)
A law enforcement officer may, when necessary, impound the motor vehicle of an
individual who violates this section. Impoundment of a vehicle under this
subsection is not necessary if the owner of the vehicle, or another occupant of
the vehicle with the consent of the owner, is licensed, readily available, and
willing to operate the vehicle at the time of impoundment.
(21)
(19) For purposes of
this section, a person an
individual who never applied for a license includes a person an
individual who applied for a license, was denied, and never
applied again.
Sec. 907. (1) A
violation of this act, or a local ordinance that
substantially corresponding corresponds to a provision of this act, that is
designated a civil infraction shall is not be
considered a lesser included offense of a criminal offense.
(2) If a person is determined under sections 741 to 750 to be
responsible or responsible "with explanation" for a civil infraction
under this act or a local ordinance that
substantially corresponding corresponds to a provision of this act, the judge or
district court magistrate may order the person to pay a civil fine of not more
than $100.00 and costs as provided in subsection (4). However, if the civil
infraction was a moving violation that resulted in an at-fault collision with
another vehicle, a person, or any other object, the civil fine ordered under
this section shall must
be increased by $25.00 but the total civil fine shall must
not exceed $100.00. However, for a violation of section 602b, the
person shall be ordered to pay costs as provided in subsection (4) and a civil
fine of $100.00 for a first offense and $200.00 for a second or subsequent
offense. For a violation of section 674(1)(s) or a local ordinance that substantially corresponding
corresponds to section 674(1)(s),
the person shall be ordered to pay costs as provided in subsection (4) and a
civil fine of not less than $100.00 or more than $250.00. For a violation of
section 676c, the person shall be ordered to pay costs as provided in
subsection (4) and a civil fine of $1,000.00. For a violation of section 328,
the civil fine ordered under this subsection shall
must be not more than $50.00. For
a violation of section 710d, the civil fine ordered under this subsection shall must
not exceed $10.00, subject to subsection (12). For a violation of
section 710e, the civil fine and court costs ordered under this subsection shall must
be $25.00. For a violation of section 682 or a local ordinance that substantially corresponding
corresponds to section 682, the
person shall be ordered to pay costs as provided in subsection (4) and a civil
fine of not less than $100.00 or more than $500.00. For a violation of section
240, the civil fine ordered under this subsection shall
must be $15.00. For a violation
of section 252a(1), the civil fine ordered under this subsection shall must
be $50.00. For a violation of section 676a(3), the civil fine
ordered under this section shall must be not more than $10.00. For a first violation
of section 319f(1), the civil fine ordered under this section shall must
be not less than $2,500.00 or more than $2,750.00; for a second
or subsequent violation, the civil fine shall
must be not less than $5,000.00
or more than $5,500.00. For a violation of section 319g(1)(a), the civil fine
ordered under this section shall must be not more than $10,000.00. For a violation of
section 319g(1)(g), the civil fine ordered under this section shall must
be not less than $2,750.00 or more than $25,000.00. For a violation of section 215, 226a, 234, 243, 244, 255, 801e,
802(9) or (10), or 904(3)(a), the civil fine ordered under this section must
not be more than $150.00. For a violation of section 311 that is a civil
infraction, the licensee may be ordered to pay a civil fine of not more than
$150.00. For a violation of section 904(3)(b), the civil fine ordered under
this subsection must be not more than $250.00. Beginning October 1, 2021, for a
violation of section 312a(4)(a), the civil fine ordered under this section must
not be more than $250.00. Permission may be granted for payment
of a civil fine and costs to be made within a specified period of time or in
specified installments, but unless permission is included in the order or
judgment, the civil fine and costs shall
must be payable immediately.
(3) Except as otherwise provided
in this subsection, if a person is determined to be responsible or responsible
"with explanation" for a civil infraction under this act or a local
ordinance that substantially corresponding corresponds to a provision of this act while driving
a commercial motor vehicle, he or she the person shall be ordered to pay costs as provided
in subsection (4) and a civil fine of not more than $250.00.
(4) If a civil fine is ordered under subsection (2) or (3),
the judge or district court magistrate shall summarily tax and determine the
costs of the action, which are not limited to the costs taxable in ordinary
civil actions, and may include all expenses, direct and indirect, to which the
plaintiff has been put in connection with the civil infraction, up to the entry
of judgment. Costs shall must not be ordered in excess of $100.00. A civil
fine ordered under subsection (2) or (3) shall
must not be waived unless costs
ordered under this subsection are waived. Except as otherwise provided by law,
costs are payable to the general fund of the plaintiff.
(5) In addition to a civil fine and costs ordered under
subsection (2) or (3) and subsection (4) and the justice system assessment
ordered under subsection (13), the judge or district court magistrate may order
the person to attend and complete a program
of treatment, education, or rehabilitation
program.
(6) A district court magistrate shall impose the sanctions
permitted under subsections (2), (3), and (5) only to the extent expressly
authorized by the chief judge or only judge of the district court district.
(7) Each district of the district court and each municipal
court may establish a schedule of civil fines, costs, and assessments to be
imposed for civil infractions that occur within the respective district or
city. If a schedule is established, it shall
must be prominently posted and
readily available for public inspection. A schedule need not include all
violations that are designated by law or ordinance as civil infractions. A
schedule may exclude cases on the basis of a defendant's prior record of civil
infractions or traffic offenses, or a combination of civil infractions and
traffic offenses.
(8) The state court administrator shall annually publish and
distribute to each district and court a recommended range of civil fines and
costs for first-time civil infractions. This recommendation is not binding upon on
the courts having that have jurisdiction over civil infractions but is
intended to act as a normative guide for judges and district court magistrates
and a basis for public evaluation of disparities in the imposition of civil
fines and costs throughout the state.
(9) If a person has received a civil infraction citation for
defective safety equipment on a vehicle under section 683, the court shall
waive a civil fine, costs, and assessments upon
on receipt of certification by a
law enforcement agency that repair of the defective equipment was made before
the appearance date on the citation.
(10) A default in the payment of a civil fine or costs
ordered under subsection (2), (3), or (4) or a justice system assessment
ordered under subsection (13), or an installment of the fine, costs, or
assessment, may be collected by a means authorized for the enforcement of a
judgment under chapter 40 of the revised judicature act of 1961, 1961 PA 236,
MCL 600.4001 to 600.4065, or under chapter 60 of the revised judicature act of
1961, 1961 PA 236, MCL 600.6001 to 600.6098.
(11) If a person fails to comply with an order or judgment
issued under this section within the time prescribed by the court, the driver's driver
license of that person shall
must be suspended under section
321a until full compliance with that order or judgment occurs. In addition to
this suspension, the court may also proceed under section 908.
(12) The court may waive any civil fine, cost, or assessment
against a person who received a civil infraction citation for a violation of
section 710d if the person, before the appearance date on the citation,
supplies the court with evidence of acquisition, purchase, or rental of a child
seating system meeting the requirements of section 710d.
(13) In addition to any civil fines or costs ordered to be
paid under this section, the judge or district court magistrate shall order the
defendant to pay a justice system assessment of $40.00 for each civil
infraction determination, except for a parking violation or a violation for
which the total fine and costs imposed are $10.00 or less. Upon On
payment of the assessment, the clerk of the court shall transmit
the assessment collected to the state treasury to be deposited into the justice
system fund created in section 181 of the revised judicature act of 1961, 1961
PA 236, MCL 600.181. An assessment levied under this subsection is not a civil
fine for purposes of section 909.
(14) If a person has received a citation for a violation of
section 223, the court shall waive any civil fine, costs, and assessment, upon on
receipt of certification by a law enforcement agency that the
person, before the appearance date on the citation, produced a valid
registration certificate that was valid on the date the violation of section
223 occurred.
(15) If a person has received a citation for a violation of
section 328(1) for failing a failure to produce a certificate of insurance under
section 328(2), the court may waive the fee described in section 328(3)(c) and
shall waive any fine, costs, and any other fee or assessment otherwise
authorized under this act upon on receipt of verification by the court that the
person, before the appearance date on the citation, produced valid proof of
insurance that was in effect at the time the violation of section 328(1)
occurred. Insurance obtained subsequent to the time of the violation does not
make the person eligible for a waiver under this subsection.
(16) If a person is determined to be responsible or
responsible "with explanation" for a civil infraction under this act
or a local ordinance substantially corresponding to a provision of this act and
the civil infraction arises out of the ownership or operation of a commercial
quadricycle, he or she the
person shall be ordered to pay costs as provided in subsection
(4) and a civil fine of not more than $500.00.
(17) As used in this section, "moving violation"
means an act or omission prohibited under this act or a local ordinance that substantially corresponding
corresponds to this act that
involves the operation of a motor vehicle and for which a fine may be assessed.
Enacting section 1. This amendatory act does not
take effect unless all of the following bills of the 101st Legislature are
enacted into law:
(a) Senate Bill No.____ or House Bill No. 4143
(request no. 01284'21).
(b) Senate Bill No.____ or House Bill No. 4146
(request no. 01288'21).
(c) Senate Bill No.____ or House Bill No. 4145
(request no. 01292'21).
(d) Senate Bill No.____ or House Bill No. 4141
(request no. 01298'21).
(e) Senate Bill No.____ or House Bill No.____
(request no. 01299'21).
(f) Senate Bill No.____ or House Bill No. 4150 (request no. 01300'21).
