Bill Text: MI HB5274 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Crimes; drunk driving; repeat drunk driving offenders; establish license sanctions for DWI/sobriety court participants. Amends secs. 303, 322, 625n, 732a & 904d of 1949 PA 300 (MCL 257.303 et seq.). TIE BAR WITH: SB 0794'09
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2010-08-24 - Re-referred To Committee On Judiciary [HB5274 Detail]
Download: Michigan-2009-HB5274-Engrossed.html
HB-5274, As Passed Senate, June 8, 2010
SENATE SUBSTITUTE FOR
HOUSE BILL NO. 5274
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 219, 303, 319, 625n, 626, 732a, and 904d (MCL
257.219, 257.303, 257.319, 257.625n, 257.626, 257.732a, and
257.904d), section 219 as amended by 2005 PA 317, sections 303,
319, 626, 732a, and 904d as amended by 2008 PA 463, and section
625n as amended by 2008 PA 539, and by adding section 304.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 219. (1) The secretary of state shall refuse issuance of
a registration or a transfer of registration upon any of the
following grounds:
(a) The application contains a false or fraudulent statement,
the applicant has failed to furnish required information or
reasonable additional information requested by the secretary of
state, or the applicant is not entitled to the registration of the
vehicle under this act.
(b) The secretary of state has reasonable ground to believe
that the vehicle is a stolen or embezzled vehicle, or that the
granting of registration would constitute a fraud against the
rightful owner or other person having a valid lien upon the
vehicle.
(c) The registration of the vehicle is suspended or revoked
for any reason provided in the motor vehicle laws of this state.
(d) At the time of the application, the operator's or
chauffeur's license of the owner or co-owner or lessee or co-lessee
is suspended, revoked, or denied, except for an applicant who has
been issued a license under section 304, or the operator has never
been licensed by this state for a third or subsequent violation of
section 625 or 625m, a local ordinance substantially corresponding
to section 625 or 625m, or a law of another state substantially
corresponding to section 625 or 625m, or for a fourth or subsequent
suspension or revocation under section 904.
(e) The required fee has not been paid.
(f) The applicant, at the time of applying for registration or
a transfer of registration other than a temporary registration
issued under section 226b, fails to present a certificate of
compliance or waiver for a motor vehicle as required under either
part 63 or part 65 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.6301 to 324.6321 and 324.6501
to 324.6539.
(g) The application for registration of a vehicle with an
elected gross weight of 55,000 pounds or more is not accompanied
with proof of payment of the federal highway use tax levied under
the surface transportation assistance act of 1982, Public Law 97-
424.
(2) The secretary of state shall refuse issuance of a
certificate of title or a salvage certificate of title upon any of
the following grounds:
(a) The application contains a false or fraudulent statement,
the applicant has failed to furnish required information or
reasonable additional information requested by the secretary of
state, or the applicant is not entitled to the issuance of a
certificate of title or salvage certificate of title under this
act.
(b) The secretary of state has reasonable ground to believe
that the vehicle is a stolen or embezzled vehicle or that the
issuance of a certificate of title or a salvage certificate of
title would constitute a fraud against the rightful owner or other
person having a valid security interest upon the vehicle.
(c) The required fee has not been paid.
(3) The secretary of state shall not issue a registration for
a vehicle for which a temporary registration plate was issued under
section 904c until the violation resulting in the issuance of the
plate is adjudicated or the vehicle is transferred to a person who
is subject to payment of a use tax under section 3 of the use tax
act, 1937 PA 94, MCL 205.93.
Sec. 303. (1) The secretary of state shall not issue a license
under this act to any of the following persons:
(a) A person, as an operator, who is less than 18 years of
age, except as otherwise provided in this act.
(b) A person, as a chauffeur, who is less than 18 years of
age, except as otherwise provided in this act.
(c) A person whose license is suspended, revoked, denied, or
canceled in any state. If the suspension, revocation, denial, or
cancellation is not from the jurisdiction that issued the last
license to the person, the secretary of state may issue a license
after the expiration of 5 years from the effective date of the most
recent suspension, revocation, denial, or cancellation.
(d) A person who in the opinion of the secretary of state is
afflicted with or suffering from a physical or mental disability or
disease preventing that person from exercising reasonable and
ordinary control over a motor vehicle while operating the motor
vehicle upon the highways.
(e) A person who is unable to understand highway warning or
direction signs in the English language.
(f) A person who is unable to pass a knowledge, skill, or
ability test administered by the secretary of state in connection
with the issuance of an original operator's or chauffeur's license,
original motorcycle indorsement, or an original or renewal of a
vehicle group designation or vehicle indorsement.
(g) A person who has been convicted of, has received a
juvenile disposition for, or has been determined responsible for 2
or more moving violations under a law of this state, a local
ordinance substantially corresponding to a law of this state, or a
law of another state substantially corresponding to a law of this
state within the preceding 3 years, if the violations occurred
before issuance of an original license to the person in this state,
another state, or another country.
(h) A nonresident, including, but not limited to, a foreign
exchange student.
(i) A person who has failed to answer a citation or notice to
appear in court or for any matter pending or fails to comply with
an order or judgment of the court, including, but not limited to,
paying all fines, costs, fees, and assessments, in violation of
section 321a, until that person answers the citation or notice to
appear in court or for any matter pending or complies with an order
or judgment of the court, including, but not limited to, paying all
fines, costs, fees, and assessments, as provided under section
321a.
(j) A person not licensed under this act who has been
convicted of, has received a juvenile disposition for, or has been
determined responsible for a crime or civil infraction described in
section 319, 324, or 904. A person shall be denied a license under
this subdivision for the length of time corresponding to the period
of the licensing sanction that would have been imposed under
section 319, 324, or 904 if the person had been licensed at the
time of the violation.
(k) A person not licensed under this act who has been
convicted of or received a juvenile disposition for committing a
crime described in section 319e. A person shall be denied a license
under this subdivision for the length of time that corresponds to
the period of the licensing sanction that would have been imposed
under section 319e if the person had been licensed at the time of
the violation.
(l) A person not licensed under this act who is determined to
have violated section 33b(1) of former 1933 (Ex Sess) PA 8, section
703(1) of the Michigan liquor control code of 1998, 1998 PA 58, MCL
436.1703,
or section 624a or 624b. of this act. The person shall be
denied a license under this subdivision for a period of time that
corresponds to the period of the licensing sanction that would have
been imposed under those sections had the person been licensed at
the time of the violation.
(m) A person whose commercial driver license application is
canceled under section 324(2).
(n) Unless otherwise eligible under section 307(1), a person
who is not a citizen of the United States.
(2) Upon receiving the appropriate records of conviction, the
secretary of state shall revoke the operator's or chauffeur's
license of a person and deny issuance of an operator's or
chauffeur's license to a person having any of the following,
whether under a law of this state, a local ordinance substantially
corresponding to a law of this state, a law of another state
substantially corresponding to a law of this state, or, beginning
October 31, 2010, a law of the United States substantially
corresponding to a law of this state:
(a) Any combination of 2 convictions within 7 years for
reckless driving in violation of section 626 before October 31,
2010 or, beginning October 31, 2010, 626(2).
(b) Any combination of 2 or more convictions within 7 years
for any of the following:
(i) A felony in which a motor vehicle was used.
(ii) A violation or attempted violation of section 601b(2) or
(3), section 601c(1) or (2), section 602a(4) or (5), section 617,
section 653a(3) or (4), or section 904(4) or (5).
(iii) Negligent homicide, manslaughter, or murder resulting from
the operation of a vehicle or an attempt to commit any of those
crimes.
(iv) A violation or attempted violation of section 479a(4) or
(5) of the Michigan penal code, 1931 PA 328, MCL 750.479a.
(c) Any combination of 2 convictions within 7 years for any of
the following or a combination of 1 conviction for a violation or
attempted violation of section 625(6) and 1 conviction for any of
the following within 7 years:
(i) A violation or attempted violation of section 625, except a
violation of section 625(2), or a violation of any prior enactment
of section 625 in which the defendant operated a vehicle while
under the influence of intoxicating or alcoholic liquor or a
controlled substance, or a combination of intoxicating or alcoholic
liquor and a controlled substance, or while visibly impaired, or
with an unlawful bodily alcohol content.
(ii) A violation or attempted violation of section 625m.
(iii) A violation or attempted violation of former section 625b.
(d) One conviction for a violation or attempted violation of
section 315(5), section 601b(3), section 601c(2), section 602a(4)
or
(5), section 617, section 625(4) or (5), section 626(3) or (4),
section
653a(4), or section 904(4) or (5), or, beginning October
31, 2010, section 626(3) or (4).
(e) One conviction of negligent homicide, manslaughter, or
murder resulting from the operation of a vehicle or an attempt to
commit any of those crimes.
(f) One conviction for a violation or attempted violation of
section 479a(4) or (5) of the Michigan penal code, 1931 PA 328, MCL
750.479a.
(g) Any combination of 3 convictions within 10 years for any
of the following or 1 conviction for a violation or attempted
violation of section 625(6) and any combination of 2 convictions
for any of the following within 10 years, if any of the convictions
resulted from an arrest on or after January 1, 1992:
(i) A violation or attempted violation of section 625, except a
violation of section 625(2), or a violation of any prior enactment
of section 625 in which the defendant operated a vehicle while
under the influence of intoxicating or alcoholic liquor or a
controlled substance, or a combination of intoxicating or alcoholic
liquor and a controlled substance, or while visibly impaired, or
with an unlawful bodily alcohol content.
(ii) A violation or attempted violation of section 625m.
(iii) A violation or attempted violation of former section 625b.
(3) The secretary of state shall revoke a license under
subsection (2) notwithstanding a court order unless the court order
complies with section 323.
(4)
The Except as otherwise
provided under section 304, the
secretary of state shall not issue a license under this act to a
person whose license has been revoked under this act or revoked and
denied under subsection (2) until all of the following occur, as
applicable:
(a) The later of the following:
(i) The expiration of not less than 1 year after the license
was revoked or denied.
(ii) The expiration of not less than 5 years after the date of
a subsequent revocation or denial occurring within 7 years after
the date of any prior revocation or denial.
(b) For a denial under subsection (2)(a), (b), (c), and (g),
the person rebuts by clear and convincing evidence the presumption
resulting from the prima facie evidence that he or she is a
habitual offender. The convictions that resulted in the revocation
and denial constitute prima facie evidence that he or she is a
habitual offender.
(c) The person meets the requirements of the department.
(5) The secretary of state may deny issuance of an operator's
license as follows:
(a) Until the age of 17, to a person not licensed under this
act who was convicted of or received a juvenile disposition for
violating or attempting to violate section 411a(2) of the Michigan
penal code, 1931 PA 328, MCL 750.411a, involving a school when he
or she was less than 14 years of age. A person not issued a license
under this subdivision is not eligible to begin graduated licensing
training until he or she attains 16 years of age.
(b) To a person less than 21 years of age not licensed under
this act who was convicted of or received a juvenile disposition
for violating or attempting to violate section 411a(2) of the
Michigan penal code, 1931 PA 328, MCL 750.411a, involving a school
when he or she was 14 years of age or older, until 3 years after
the date of the conviction or juvenile disposition. A person not
issued a license under this subdivision is not eligible to begin
graduated licensing training or otherwise obtain an original
operator's or chauffeur's license until 3 years after the date of
the conviction or juvenile disposition.
(6) The secretary of state shall deny issuance of a vehicle
group designation to a person if the person has been disqualified
by the United States secretary of transportation from operating a
commercial motor vehicle.
(7) Multiple convictions or civil infraction determinations
resulting from the same incident shall be treated as a single
violation for purposes of denial or revocation of a license under
this section.
(8) As used in this section, "felony in which a motor vehicle
was used" means a felony during the commission of which the person
operated a motor vehicle and while operating the vehicle presented
real or potential harm to persons or property and 1 or more of the
following circumstances existed:
(a) The vehicle was used as an instrument of the felony.
(b) The vehicle was used to transport a victim of the felony.
(c) The vehicle was used to flee the scene of the felony.
(d) The vehicle was necessary for the commission of the
felony.
Sec. 304. (1) Except as provided in subsection (3), the
secretary of state shall issue a restricted license to a person
whose license was suspended or restricted under section 319 or
revoked or denied under section 303 based on either of the
following:
(a) Two or more convictions for violating section 625(1) or
(3) or a local ordinance of this state substantially corresponding
to section 625(1) or (3).
(b) One conviction for violating section 625(1) or (3) or a
local ordinance of this state substantially corresponding to
section 625(1) or (3), preceded by 1 or more convictions for
violating a local ordinance or law of another state substantially
corresponding to section 625(1), (3), or (6), or a law of the
United States substantially corresponding to section 625(1), (3),
or (6).
(2) A restricted license issued under subsection (1) shall not
be issued until after the person's operator's or chauffeur's
license has been suspended or revoked for 45 days and the judge
assigned to a DWI/sobriety court certifies to the secretary of
state that both of the following conditions have been met:
(a) The person has been admitted into a DWI/sobriety court
program.
(b) An ignition interlock device approved, certified, and
installed as required under sections 625k and 625l has been
installed on each motor vehicle owned or operated, or both, by the
individual.
(3) A restricted license shall not be issued under subsection
(1) if the person is otherwise ineligible for an operator's or
chauffeur's license under this act, unless the person's
ineligibility is based on 1 or more of the following:
(a) Section 303(1)(i) or (l).
(b) Section 303(2)(c)(i) or (iii).
(c) Section 303(2)(g)(i) or (iii).
(d) Section 319(4), (5), (6), (7), (8)(a) to (e), or (9).
(e) Section 319e(2)(a) or (b).
(f) Section 320(1)(d).
(g) Section 321a(1), (2), or (3).
(h) Section 323c.
(i) Section 625f(1)(a).
(j) Section 732a(5).
(k) Section 904(10).
(l) Section 82105a(2) of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.82105a.
(m) Section 3177 of the insurance code of 1956, 1956 PA 218,
MCL 500.3177.
(n) Section 10 of the motor vehicle claims act, 1965 PA 198,
MCL 257.1110.
(4) A restricted license issued under subsection (1) permits
the person to whom it is issued to operate only the vehicle
equipped with an ignition interlock device described in subsection
(2)(b), to take any driving skills test required by the secretary
of state, and to drive to and from any combination of the following
locations:
(a) The person's residence.
(b) The person's workplace.
(c) The person's school.
(d) An alcohol or drug education or treatment program as
ordered by the court.
(5) Except as otherwise provided in this section, a restricted
license issued under subsection (1) is effective until a hearing
officer orders an unrestricted license under section 322. The
person shall not be considered for an unrestricted license until
the later of the following events occurs:
(a) The court notifies the secretary of state that the person
has successfully completed the DWI/sobriety court program.
(b) The minimum period of license sanction that would have
been imposed under section 303 or 319 but for this section has been
completed.
(6) If the secretary of state receives a notification from the
DWI/sobriety court under section 1084(6) of the revised judicature
act of 1961, 1961 PA 236, MCL 600.1084, the secretary of state
shall summarily impose 1 of the following license sanctions, as
applicable:
(a) Suspension for the full length of time provided under
section 319(8). However, a restricted license shall not be issued
as provided under section 319(8). This subdivision applies if the
underlying conviction or convictions would have subjected the
person to a license sanction under section 319(8) if this section
did not apply.
(b) A license revocation and denial for the full length of
time provided under section 303. The minimum period of license
revocation and denial imposed shall be the same as if this section
did not apply. This subdivision applies if the underlying
conviction or convictions would have caused a license revocation
and denial under section 303 if this section did not apply.
(7) After the person completes the DWI/sobriety court
interlock pilot program, the following apply:
(a) The restricted license issued under this section shall be
suspended or revoked or denied as provided in subsection (6),
unless set aside under subsection (5), if any of the following
events occur:
(i) The person operates a motor vehicle without an ignition
interlock device that meets the criteria under subsection (2)(b).
(ii) The person removes, or causes to be removed, an ignition
interlock device from a vehicle he or she owns or operates unless
the secretary of state has authorized its removal under section
322a.
(iii) The person is arrested for a violation of any of the
following:
(A) Section 625.
(B) A local ordinance of this state or another state
substantially corresponding to section 625.
(C) A law of the United States substantially corresponding to
section 625.
(b) If the person is convicted of or found responsible for any
offense that requires the suspension, revocation, denial, or
cancellation of the person's operator's or chauffeur's license, the
restricted license issued under this section shall be suspended
until the requisite period of license suspension, revocation,
denial, or cancellation, as appropriate, has elapsed.
(c) If the person has failed to pay any court-ordered fines or
costs that resulted from the operation of a vehicle, the restricted
license issued under this section shall be suspended pending
payment of those fines and costs.
(8) All driver responsibility fees required to be assessed by
the secretary of state under section 732a for the conviction or
convictions that led to the restricted license under this section
shall be held in abeyance as follows:
(a) The fees shall be held in abeyance during the time the
person has a restricted license under this section and is
participating in the DWI/sobriety court interlock pilot project.
(b) At the end of the person's participation in the
DWI/sobriety court program, the driver responsibility fees shall be
assessed and paid under the payment schedule described in section
732a.
(9) The vehicle of an individual admitted to the DWI/sobriety
court interlock pilot project whose vehicle would otherwise be
subject to immobilization or forfeiture under this act is exempt
from both immobilization and forfeiture under sections 625n and
904d if both of the following apply:
(a) The person is a DWI/sobriety court interlock pilot program
participant in good standing or the person successfully
satisfactorily completes the DWI/sobriety court interlock pilot
program.
(b) The person does not subsequently violate a law of this
state for which vehicle immobilization or forfeiture is a sanction.
(10) This section only applies to individuals arrested for a
violation of section 625 on or after the effective date of the
amendatory act that added this section.
(11) As used in this section:
(a) "DWI/sobriety court" means that term as defined in section
1084 of the revised judicature act of 1961, 1961 PA 236, MCL
600.1084.
(b) "DWI/sobriety court interlock pilot project" and
"DWI/sobriety court program" mean those terms as defined or
described in section 1084 of the revised judicature act of 1961,
1961 PA 236, MCL 600.1084.
Sec. 319. (1) The secretary of state shall immediately suspend
a person's license as provided in this section upon receiving a
record of the person's conviction for a crime described in this
section, whether the conviction is under a law of this state, a
local ordinance substantially corresponding to a law of this state,
a law of another state substantially corresponding to a law of this
state, or, beginning October 31, 2010, a law of the United States
substantially corresponding to a law of this state.
(2) The secretary of state shall suspend the person's license
for 1 year for any of the following crimes:
(a) Fraudulently altering or forging documents pertaining to
motor vehicles in violation of section 257.
(b) A violation of section 413 of the Michigan penal code,
1931 PA 328, MCL 750.413.
(c) A violation of section 1 of former 1931 PA 214, MCL
752.191, or section 626c.
(d) A felony in which a motor vehicle was used. As used in
this section, "felony in which a motor vehicle was used" means a
felony during the commission of which the person convicted operated
a motor vehicle and while operating the vehicle presented real or
potential harm to persons or property and 1 or more of the
following circumstances existed:
(i) The vehicle was used as an instrument of the felony.
(ii) The vehicle was used to transport a victim of the felony.
(iii) The vehicle was used to flee the scene of the felony.
(iv) The vehicle was necessary for the commission of the
felony.
(e) A violation of section 602a(2) or (3) of this act or
section 479a(2) or (3) of the Michigan penal code, 1931 PA 328, MCL
750.479a.
(f)
A Beginning October 31,
2010, a violation of section 601d.
(3) The secretary of state shall suspend the person's license
for 90 days for any of the following crimes:
(a) Failing to stop and disclose identity at the scene of an
accident resulting in injury in violation of section 617a.
(b) A violation of section 601b(2), section 601c(1), section
653a(3), section 626 before October 31, 2010, or, beginning October
31,
2010, section 626(2) .,
or section 653a(3).
(c) Malicious destruction resulting from the operation of a
vehicle under section 382(1)(b), (c), or (d) of the Michigan penal
code, 1931 PA 328, MCL 750.382.
(d) A violation of section 703(2) of the Michigan liquor
control code of 1998, 1998 PA 58, MCL 436.1703.
(4) The secretary of state shall suspend the person's license
for 30 days for malicious destruction resulting from the operation
of a vehicle under section 382(1)(a) of the Michigan penal code,
1931 PA 328, MCL 750.382.
(5) For perjury or making a false certification to the
secretary of state under any law requiring the registration of a
motor vehicle or regulating the operation of a vehicle on a
highway, or for conduct prohibited under section 324(1) or a local
ordinance substantially corresponding to section 324(1), the
secretary shall suspend the person's license as follows:
(a) If the person has no prior conviction for an offense
described in this subsection within 7 years, for 90 days.
(b) If the person has 1 or more prior convictions for an
offense described in this subsection within 7 years, for 1 year.
(6) For a violation of section 414 of the Michigan penal code,
1931 PA 328, MCL 750.414, the secretary of state shall suspend the
person's license as follows:
(a) If the person has no prior conviction for that offense
within 7 years, for 90 days.
(b) If the person has 1 or more prior convictions for that
offense within 7 years, for 1 year.
(7) For a violation of section 624a or 624b of this act or
section 703(1) of the Michigan liquor control code of 1998, 1998 PA
58, MCL 436.1703, the secretary of state shall suspend the person's
license as follows:
(a) If the person has 1 prior conviction for an offense
described in this subsection or section 33b(1) of former 1933 (Ex
Sess) PA 8, for 90 days. The secretary of state may issue the
person a restricted license after the first 30 days of suspension.
(b) If the person has 2 or more prior convictions for an
offense described in this subsection or section 33b(1) of former
1933 (Ex Sess) PA 8, for 1 year. The secretary of state may issue
the person a restricted license after the first 60 days of
suspension.
(8) The secretary of state shall suspend the person's license
for a violation of section 625 or 625m as follows:
(a) For 180 days for a violation of section 625(1) or (8)
before October 31, 2010 or, beginning October 31, 2010, section
625(1)(a) or (b) or (8) if the person has no prior convictions
within 7 years. The secretary of state may issue the person a
restricted license during a specified portion of the suspension,
except that the secretary of state shall not issue a restricted
license during the first 30 days of suspension.
(b) For 90 days for a violation of section 625(3) if the
person has no prior convictions within 7 years. However, if the
person is convicted of a violation of section 625(3), for operating
a vehicle when, due to the consumption of a controlled substance or
a combination of alcoholic liquor and a controlled substance, the
person's ability to operate the vehicle was visibly impaired, the
secretary of state shall suspend the person's license under this
subdivision for 180 days. The secretary of state may issue the
person a restricted license during all or a specified portion of
the suspension.
(c) For 30 days for a violation of section 625(6) if the
person has no prior convictions within 7 years. The secretary of
state may issue the person a restricted license during all or a
specified portion of the suspension.
(d) For 90 days for a violation of section 625(6) if the
person has 1 or more prior convictions for that offense within 7
years.
(e) For 180 days for a violation of section 625(7) if the
person has no prior convictions within 7 years. The secretary of
state may issue the person a restricted license after the first 90
days of suspension.
(f) For 90 days for a violation of section 625m if the person
has no prior convictions within 7 years. The secretary of state may
issue the person a restricted license during all or a specified
portion of the suspension.
(g)
For Beginning October 31,
2010, for 1 year for a violation
of section 625(1)(c) if the person has no prior convictions within
7 years or not more than 2 convictions within 10 years. The
secretary of state may issue the person a restricted license,
except that the secretary of state shall not issue a restricted
license during the first 45 days of suspension.
(h)
The Beginning October 31,
2010, the department shall order
a person convicted of violating section 625(1)(c) not to operate a
motor vehicle under a restricted license issued under subdivision
(g) unless the vehicle is equipped with an ignition interlock
device approved, certified, and installed as required under
sections 625k and 625l. The ignition interlock device may be removed
after the interlock device provider provides the department with
verification that the person has operated the vehicle with no
instances of reaching or exceeding a blood alcohol level of 0.025
grams per 210 liters of breath. This subdivision does not prohibit
the removal of the ignition interlock device for any of the
following:
(i) A start-up test failure that occurs within the first 2
months after installation of the device. As used in this
subdivision, "start-up test failure" means that the ignition
interlock device has prevented the motor vehicle from being
started. Multiple unsuccessful attempts at 1 time to start the
vehicle shall be treated as 1 start-up test failure only under this
subparagraph.
(ii) A start-up test failure occurring more than 2 months after
installation of the device, if not more than 15 minutes after
detecting the start-up test failure the person delivers a breath
sample that the ignition interlock device analyzes as having an
alcohol level of less than 0.025 grams per 210 liters of breath.
(iii) A retest prompted by the device, if not more than 5
minutes after detecting that retest failure the person delivers a
breath sample that the ignition interlock device analyzes as having
an alcohol level of less than 0.025 grams per 210 liters of breath.
(i)
If Beginning October 31,
2010, if an individual violates
the conditions of the restricted license issued under subdivision
(g) or operates or attempts to operate a motor vehicle with a blood
alcohol level of 0.025 grams per 210 liters of breath, the
secretary of state shall impose an additional like period of
suspension and restriction as prescribed under subdivision (g).
This
subdivision does not apply to arequire
an additional like
period of suspension and restriction for any of the following:
(i) A start-up test failure within the first 2 months after
installation of the ignition interlock device. As used in this
subdivision,
"start-up test failure" means that term as defined in
R
257.313a of the Michigan administrative code.the ignition
interlock device has prevented the motor vehicle from being
started. Multiple unsuccessful attempts at 1 time to start the
vehicle shall be treated as 1 start-up test failure only under this
subparagraph.
(ii) A start-up test failure occurring more than 2 months after
installation of the device, if not more than 15 minutes after
detecting the start-up test failure the person delivers a breath
sample that the ignition interlock device analyzes as having an
alcohol level of less than 0.025 grams per 210 liters of breath.
(iii) Any retest prompted by the device, if not more than 5
minutes after detecting that retest failure the person delivers a
breath sample that the ignition interlock device analyzes as having
an alcohol level of less than 0.025 grams per 210 liters of breath.
(9) For a violation of section 367c of the Michigan penal
code, 1931 PA 328, MCL 750.367c, the secretary of state shall
suspend the person's license as follows:
(a) If the person has no prior conviction for an offense
described in this subsection within 7 years, for 6 months.
(b) If the person has 1 or more convictions for an offense
described in this subsection within 7 years, for 1 year.
(10) For a violation of section 315(4), the secretary of state
may suspend the person's license for 6 months.
(11) For a violation or attempted violation of section 411a(2)
of the Michigan penal code, 1931 PA 328, MCL 750.411a, involving a
school, the secretary of state shall suspend the license of a
person 14 years of age or over but less than 21 years of age until
3 years after the date of the conviction or juvenile disposition
for the violation. The secretary of state may issue the person a
restricted license after the first 365 days of suspension.
(12) Except as provided in subsection (14), a suspension under
this section shall be imposed notwithstanding a court order unless
the court order complies with section 323.
(13) If the secretary of state receives records of more than 1
conviction of a person resulting from the same incident, a
suspension shall be imposed only for the violation to which the
longest period of suspension applies under this section.
(14) The secretary of state may waive a restriction,
suspension, or revocation of a person's license imposed under this
act if the person submits proof that a court in another state
revoked, suspended, or restricted his or her license for a period
equal to or greater than the period of a restriction, suspension,
or revocation prescribed under this act for the violation and that
the revocation, suspension, or restriction was served for the
violation, or may grant a restricted license.
(15) The secretary of state shall not issue a restricted
license to a person whose license is suspended under this section
unless a restricted license is authorized under this section and
the person is otherwise eligible for a license.
(16) The secretary of state shall not issue a restricted
license to a person under subsection (8) that would permit the
person to operate a commercial motor vehicle.
(17) Except as provided in subsection (16), a restricted
license issued under this section shall permit the person to whom
it is issued to take any driving skills test required by the
secretary of state and to operate a vehicle under 1 or more of the
following circumstances:
(a) In the course of the person's employment or occupation.
(b) To and from any combination of the following:
(i) The person's residence.
(ii) The person's work location.
(iii) An alcohol or drug education or treatment program as
ordered by the court.
(iv) The court probation department.
(v) A court-ordered community service program.
(vi) An educational institution at which the person is enrolled
as a student.
(vii) A place of regularly occurring medical treatment for a
serious condition for the person or a member of the person's
household or immediate family.
(18) While driving with a restricted license, the person shall
carry proof of his or her destination and the hours of any
employment, class, or other reason for traveling and shall display
that proof upon a peace officer's request.
(19) Subject to subsection (21), as used in subsection (8),
"prior conviction" means a conviction for any of the following,
whether under a law of this state, a local ordinance substantially
corresponding to a law of this state, or a law of another state
substantially corresponding to a law of this state:
(a) Except as provided in subsection (20), a violation or
attempted violation of any of the following:
(i) Section 625, except a violation of section 625(2), or a
violation of any prior enactment of section 625 in which the
defendant operated a vehicle while under the influence of
intoxicating or alcoholic liquor or a controlled substance, or a
combination of intoxicating or alcoholic liquor and a controlled
substance, or while visibly impaired, or with an unlawful bodily
alcohol content.
(ii) Section 625m.
(iii) Former section 625b.
(b) Negligent homicide, manslaughter, or murder resulting from
the operation of a vehicle or an attempt to commit any of those
crimes.
(c)
A Beginning October 31,
2010, a violation of section 601d
or section 626(3) or (4).
(20) Except for purposes of the suspensions described in
subsection (8)(c) and (d), only 1 violation or attempted violation
of section 625(6), a local ordinance substantially corresponding to
section 625(6), or a law of another state substantially
corresponding to section 625(6) may be used as a prior conviction.
(21) If 2 or more convictions described in subsection (19) are
convictions for violations arising out of the same transaction,
only 1 conviction shall be used to determine whether the person has
a prior conviction.
Sec. 625n. (1) Except as otherwise provided in this section
and section 304 and in addition to any other penalty provided for
in this act, the judgment of sentence for a conviction for a
violation of section 625(1) described in section 625(9)(b) or (c),
a violation of section 625(3) described in section 625(11)(b) or
(c), a violation of section 625(4), (5), or (7), or a violation of
section 904(4) or (5), or, beginning October 31, 2010, a violation
of section 626(3) or (4), may require 1 of the following with
regard to the vehicle used in the offense if the defendant owns the
vehicle in whole or in part or leases the vehicle:
(a) Forfeiture of the vehicle if the defendant owns the
vehicle in whole or in part.
(b) Return of the vehicle to the lessor if the defendant
leases the vehicle.
(2)
The vehicle may be seized pursuant to an order of under a
seizure order issued by the court having jurisdiction upon a
showing of probable cause that the vehicle is subject to forfeiture
or return to the lessor.
(3) The forfeiture of a vehicle is subject to the interest of
the holder of a security interest who did not have prior knowledge
of or consent to the violation.
(4) Within 14 days after the defendant's conviction for a
violation described in subsection (1), the prosecuting attorney may
file a petition with the court for the forfeiture of the vehicle or
to have the court order return of a leased vehicle to the lessor.
The prosecuting attorney shall give notice by first-class mail or
other process to the defendant and his or her attorney, to all
owners of the vehicle, and to any person holding a security
interest in the vehicle that the court may require forfeiture or
return of the vehicle.
(5) If a vehicle is seized before disposition of the criminal
proceedings, a defendant who is an owner or lessee of the vehicle
may move the court having jurisdiction over the proceedings to
require the seizing agency to file a lien against the vehicle and
to return the vehicle to the owner or lessee pending disposition of
the criminal proceedings. The court shall hear the motion within 7
days after the motion is filed. If the defendant establishes at the
hearing that he or she holds the legal title to the vehicle or that
he or she has a leasehold interest and that it is necessary for him
or her or a member of his or her family to use the vehicle pending
the outcome of the forfeiture action, the court may order the
seizing agency to return the vehicle to the owner or lessee. If the
court orders the return of the vehicle to the owner or lessee, the
court shall order the defendant to post a bond in an amount equal
to the retail value of the vehicle, and shall also order the
seizing agency to file a lien against the vehicle.
(6) Within 14 days after notice by the prosecuting attorney is
given under subsection (4), the defendant, an owner, lessee, or
holder of a security interest may file a claim of interest in the
vehicle with the court. Within 21 days after the expiration of the
period for filing claims, but before or at sentencing, the court
shall hold a hearing to determine the legitimacy of any claim, the
extent of any co-owner's equity interest, the liability of the
defendant to any co-lessee, and whether to order the vehicle
forfeited or returned to the lessor. In considering whether to
order forfeiture, the court shall review the defendant's driving
record to determine whether the defendant has multiple convictions
under section 625 or a local ordinance substantially corresponding
to section 625, or multiple suspensions, restrictions, or denials
under section 904, or both. If the defendant has multiple
convictions under section 625 or multiple suspensions,
restrictions, or denials under section 904, or both, that factor
shall weigh heavily in favor of forfeiture.
(7) If a vehicle is forfeited under this section, the unit of
government that seized the vehicle shall sell the vehicle pursuant
to the procedures under section 252g(1) and dispose of the proceeds
in the following order of priority:
(a) Pay any outstanding security interest of a secured party
who did not have prior knowledge of or consent to the commission of
the violation.
(b) Pay the equity interest of a co-owner who did not have
prior knowledge of or consent to the commission of the violation.
(c) Satisfy any order of restitution entered in the
prosecution for the violation.
(d) Pay any outstanding accrued towing and storage fees.
(e) Pay the claim of each person who shows that he or she is a
victim of the violation to the extent that the claim is not covered
by an order of restitution.
(f) Pay any outstanding lien against the property that has
been imposed by a governmental unit.
(g) Pay the proper expenses of the proceedings for forfeiture
and sale, including, but not limited to, expenses incurred during
the seizure process and expenses for maintaining custody of the
property, advertising, and court costs.
(h) The balance remaining after the payment of items (a)
through (g) shall be distributed by the court having jurisdiction
over the forfeiture proceedings to the unit or units of government
substantially involved in effecting the forfeiture. Seventy-five
percent of the money received by a unit of government under this
subdivision shall be used to enhance enforcement of the criminal
laws and 25% of the money shall be used to implement the William
Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.751
to 780.834. A unit of government receiving money under this
subdivision shall report annually to the department of management
and budget the amount of money received under this subdivision that
was used to enhance enforcement of the criminal laws and the amount
that was used to implement the William Van Regenmorter crime
victim's rights act, 1985 PA 87, MCL 780.751 to 780.834.
(8) The court may order the defendant to pay to a co-lessee
any liability determined under subsection (6). The order may be
enforced in the same manner as a civil judgment.
(9) The return of a vehicle to the lessor under this section
does not affect or impair the lessor's rights or the defendant's
obligations under the lease.
(10) A person who knowingly conceals, sells, gives away, or
otherwise transfers or disposes of a vehicle with the intent to
avoid forfeiture or return of the vehicle to the lessor under this
section is guilty of a misdemeanor punishable by imprisonment for
not more than 1 year or a fine of not more than $1,000.00, or both.
(11) The failure of the court or prosecutor to comply with any
time limit specified in this section does not preclude the court
from ordering forfeiture of a vehicle or its return to a lessor,
unless the court finds that the owner or claimant suffered
substantial prejudice as a result of that failure.
(12) The forfeiture provisions of this section do not preclude
the prosecuting attorney from pursuing a forfeiture proceeding
under any other law of this state or a local ordinance
substantially corresponding to this section.
Sec. 626. (1) A person who violates this section is guilty of
reckless driving punishable as provided in this section.
(2)
(1) A Except as otherwise provided in this section,
a
person who operates a vehicle upon a highway or a frozen public
lake, stream, or pond or other place open to the general public,
including, but not limited to, an area designated for the parking
of motor vehicles, in willful or wanton disregard for the safety of
persons
or property is guilty of reckless driving.
(2)
Except as provided in subsections (3) and (4), a person
who
operates a vehicle in violation of subsection (1) is guilty of
a misdemeanor punishable by imprisonment for not more than 93 days
or a fine of not more than $500.00, or both.
(3)
A Beginning October 31,
2010, a person who operates a
vehicle
in violation of subsection (1) (2)
and by the operation of
that vehicle causes serious impairment of a body function to
another person 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. The judgment of sentence 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.
(4)
A Beginning October 31,
2010, a person who operates a
vehicle
in violation of subsection (1) (2)
and by the operation of
that vehicle causes the death of another person 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.
The judgment of sentence 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.
(5) In a prosecution under subsection (4), the jury shall not
be instructed regarding the crime of moving violation causing
death.
Sec. 732a. (1) An individual, whether licensed or not, who
accumulates
7 or more points on his or her driving record pursuant
to
under sections 320a and 629c within a 2-year period for
any
violation not listed under subsection (2) shall be assessed a
$100.00 driver responsibility fee. For each additional point
accumulated above 7 points not listed under subsection (2), an
additional fee of $50.00 shall be assessed. The secretary of state
shall collect the fees described in this subsection once each year
that the point total on an individual driving record is 7 points or
more.
(2) An individual, whether licensed or not, who violates any
of the following sections or another law or local ordinance that
substantially corresponds to those sections shall be assessed a
driver responsibility fee as follows:
(a) Upon posting an abstract indicating that an individual has
been found guilty for a violation of law listed or described in
this subdivision, the secretary of state shall assess a $1,000.00
driver responsibility fee each year for 2 consecutive years:
(i) Manslaughter, negligent homicide, or a felony resulting
from the operation of a motor vehicle, ORV, or snowmobile.
(ii) Section 601b(2) or (3), 601c(1) or (2), 601d,
626(3) or
(4),
or 653a(3) or (4) or, beginning October 31, 2010, section 601d
or 626(3) or (4).
(iii) Section 625(1), (4), or (5), section 625m, or section
81134 of the natural resources and environmental protection act,
1994 PA 451, MCL 324.81134, or a law or ordinance substantially
corresponding to section 625(1), (4), or (5), section 625m, or
section 81134 of the natural resources and environmental protection
act, 1994 PA 451, MCL 324.81134.
(iv) Failing to stop and disclose identity at the scene of an
accident when required by law.
(v) Fleeing or eluding an officer.
(b) Upon posting an abstract indicating that an individual has
been found guilty for a violation of law listed in this
subdivision, the secretary of state shall assess a $500.00 driver
responsibility fee each year for 2 consecutive years:
(i) Section 625(3), (6), (7), or (8).
(ii) Section 626 or, beginning October 31, 2010, section
626(2).
(iii) Section 904.
(iv) Section 3101, 3102(1), or 3103 of the insurance code of
1956, 1956 PA 218, MCL 500.3101, 500.3102, and 500.3103.
(c) Upon posting an abstract indicating that an individual has
been found guilty for a violation of section 301, the secretary of
state shall assess a $150.00 driver responsibility fee each year
for 2 consecutive years.
(d) Upon posting an abstract indicating that an individual has
been found guilty or determined responsible for a violation listed
in section 328, the secretary of state shall assess a $200.00
driver responsibility fee each year for 2 consecutive years.
(3) The secretary of state shall send a notice of the driver
responsibility assessment, as prescribed under subsection (1) or
(2), to the individual by regular mail to the address on the
records of the secretary of state. If payment is not received
within 30 days after the notice is mailed, the secretary of state
shall send a second notice that indicates that if payment is not
received within the next 30 days, the driver's driving privileges
will be suspended.
(4) The secretary of state may authorize payment by
installment for a period not to exceed 24 months.
(5) Except as otherwise provided under this subsection, if
payment is not received or an installment plan is not established
after the time limit required by the second notice prescribed under
subsection (3) expires, the secretary of state shall suspend the
driving privileges until the assessment and any other fees
prescribed under this act are paid. However, if the individual's
license to operate a motor vehicle is not otherwise required under
this act to be denied, suspended, or revoked, the secretary of
state shall reinstate the individual's operator's driving
privileges if the individual requests an installment plan under
subsection (4) and makes proper payment under that plan. Fees
required to be paid for the reinstatement of an individual's
operator's driving privileges as described under this subsection
shall, at the individual's request, be included in the amount to be
paid under the installment plan. If the individual establishes a
payment plan as described in this subsection and subsection (4) but
fails to make full or timely payments under that plan, the
secretary of state shall suspend the individual's driving
privileges. The secretary of state shall only reinstate a license
under this subsection once.
(6) A fee shall not be assessed under this section for 7
points or more on a driving record on October 1, 2003. Points
assigned after October 1, 2003 shall be assessed as prescribed
under subsections (1) and (2).
(7) A driver responsibility fee shall be assessed under this
section in the same manner for a conviction or determination of
responsibility for a violation or an attempted violation of a law
of this state, of a local ordinance substantially corresponding to
a law of this state, or of a law of another state substantially
corresponding to a law of this state.
(8) The fire protection fund is created within the state
treasury. The state treasurer may receive money or other assets
from any source for deposit into the fund. The state treasurer
shall direct the investment of the fund. The state treasurer shall
credit to the fund interest and earnings from fund investments.
Money in the fund at the close of the fiscal year shall remain in
the fund and shall not lapse to the general fund. The department of
energy, labor, and economic growth shall expend money from the
fund, upon appropriation, only for fire protection grants to
cities, villages, and townships with state owned facilities for
fire services, as provided in 1977 PA 289, MCL 141.951 to 141.956.
(9) The secretary of state shall transmit the fees collected
under this section to the state treasurer. The state treasurer
shall credit fee money received under this section in each fiscal
year as follows:
(a) The first $65,000,000.00 shall be credited to the general
fund.
(b) If more than $65,000,000.00 is collected under this
section, the next amount collected in excess of $65,000,000.00 up
to $68,500,000.00 shall be credited to the fire protection fund
created in this section.
(c) If more than $100,000,000.00 is collected under this
section, the next amount collected in excess of $100,000,000.00 up
to $105,000,000.00 shall be credited to the fire protection fund
created in this section.
(d) Any amount collected after crediting the amounts under
subdivisions (a), (b), and (c) shall be credited to the general
fund.
(10) The collection of assessments under this section is
subject to section 304.
Sec. 904d. (1) Vehicle immobilization applies as follows:
(a) For a conviction under section 625(1), (3), (7), or (8) or
a local ordinance substantially corresponding to section 625(1) or
(3) with no prior convictions, or, beginning October 31, 2010, for
a conviction under section 626(3) or (4), the court may order
vehicle immobilization for not more than 180 days.
(b) For a conviction under section 625(4) or (5) with no prior
convictions, the court shall order vehicle immobilization for not
more than 180 days.
(c) For a conviction under section 625(1), (3), (4), (5), (7),
or (8) within 7 years after a prior conviction, or, beginning
October 31, 2010, for a conviction under section 625l(2), the court
shall order vehicle immobilization for not less than 90 days or
more than 180 days.
(d)
For Before October 31,
2010, for a conviction under
section 625(1), (3), (4), (5), (7), or (8) after 2 or more prior
convictions within 10 years, or, beginning October 31, 2010, for a
conviction under section 625(1), (3), (4), (5), (7), or (8) after 2
or more prior convictions, the court shall order vehicle
immobilization for not less than 1 year or more than 3 years.
(2) For a conviction or civil infraction determination
resulting from a violation that occurred during a period of
suspension, revocation, or denial, the following apply:
(a) Except as provided in subdivision (b), for 1 prior
suspension, revocation, or denial under section 904(10), (11), or
(12) or former section 904(2) or (4) within the past 7 years, the
court may order vehicle immobilization for not more than 180 days.
(b) Except as provided in subdivisions (c) and (d), if the
person is convicted under section 904(4) or (5), the court shall
order vehicle immobilization for not more than 180 days.
(c) For any combination of 2 or 3 prior suspensions,
revocations, or denials under section 904(10), (11), or (12) or
former section 904(2) or (4) within the past 7 years, the court
shall order vehicle immobilization for not less than 90 days or
more than 180 days.
(d) For any combination of 4 or more prior suspensions,
revocations, or denials under section 904(10), (11), or (12) or
former section 904(2) or (4) within the past 7 years, the court
shall order vehicle immobilization for not less than 1 year or more
than 3 years.
(3) The defendant shall provide to the court the vehicle
identification number and registration plate number of the vehicle
involved in the violation.
(4) The court may order vehicle immobilization under this
section under either of the following circumstances:
(a) The defendant is the owner, co-owner, lessee, or co-lessee
of the vehicle operated during the violation.
(b) The owner, co-owner, lessee, or co-lessee knowingly
permitted the vehicle to be operated in violation of section 625(2)
or section 904(2) regardless of whether a conviction resulted.
(5)
Except as otherwise provided in subsection subsections
(11) and (13), an order required to be issued under this section
shall not be suspended.
(6) If a defendant is ordered imprisoned for the violation for
which immobilization is ordered, the period of immobilization shall
begin at the end of the period of imprisonment.
(7) This section does not apply to any of the following:
(a) A suspension, revocation, or denial based on a violation
of the support and parenting time enforcement act, 1982 PA 295, MCL
552.601 to 552.650.
(b) A vehicle that is registered in another state or that is a
rental vehicle.
(c) A vehicle owned by the federal government, this state, or
a local unit of government of this state.
(d) A vehicle not subject to registration under section 216.
(e) Any of the following:
(i) A violation of chapter II.
(ii) A violation of chapter V.
(iii) A violation for failure to change address.
(iv) A parking violation.
(v) A bad check violation.
(vi) An equipment violation.
(vii) A pedestrian, passenger, or bicycle violation, other than
a violation of section 703(1) or (2) of the Michigan liquor control
code of 1998, 1998 PA 58, MCL 436.1703, or a local ordinance
substantially corresponding to section 703(1) or (2) of the
Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1703, or
section 624a or 624b or a local ordinance substantially
corresponding to section 624a or 624b.
(viii) A violation of a local ordinance substantially
corresponding to a violation described in subparagraphs (i) to (vii).
(8) As used in this section:
(a) Subject to subsections (9) and (10), "prior conviction"
means a conviction for any of the following, whether under a law of
this state, a local ordinance substantially corresponding to a law
of this state, or a law of another state substantially
corresponding to a law of this state:
(i) Except as otherwise provided in subsection (10), a
violation or attempted violation of any of the following:
(A) Section 625, except a violation of section 625(2), or a
violation of any prior enactment of section 625 in which the
defendant operated a vehicle while under the influence of
intoxicating or alcoholic liquor or a controlled substance, or a
combination of intoxicating or alcoholic liquor and a controlled
substance, or while visibly impaired, or with an unlawful bodily
alcohol content.
(B) Section 625m.
(C) Former section 625b.
(ii) Negligent homicide, manslaughter, or murder resulting from
the operation of a vehicle or an attempt to commit any of those
crimes.
(iii) A Beginning
October 31, 2010, a violation of
section 601d
or section 626(3) or (4).
(b) "Vehicle immobilization" means requiring the motor vehicle
involved in the violation immobilized in a manner provided in
section 904e.
(9) If 2 or more convictions described in subsection (8)(a)
are convictions for violations arising out of the same incident,
only 1 conviction shall be used to determine whether the person has
a prior conviction.
(10) Only 1 violation or attempted violation of section
625(6), a local ordinance substantially corresponding to section
625(6), or a law of another state substantially corresponding to
section 625(6) may be used as a prior conviction.
(11)
If Beginning October 31,
2010, if the person obtains a
restricted operator's or chauffeur's license from the secretary of
state and an ignition interlock device is properly installed in the
vehicle, the court shall suspend the immobilization order issued
under subsection (1)(c) for a conviction under section 625l(2).
(12)
The Beginning October 31,
2010, the court may reinstate
vehicle immobilization issued under subsection (1)(c) for a
conviction under section 625l(2) if an ignition interlock device is
tampered with, circumvented, or disabled, or if the person's
restricted operator's or chauffeur's license is suspended or
revoked.
(13) Vehicle immobilization under this section is subject to
section 304 if the defendant obtains a restricted license under
section 304.
Enacting section 1. This amendatory act takes effect January
1, 2011.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No. 794 of the 95th Legislature is enacted into
law.
