Bill Text: MI HB5372 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Crimes; intoxication or impairment; alcohol dependent medication-assisted treatment program; require certain individuals to participate as part of his or her sentence. Amends sec. 625b of 1949 PA 300 (MCL 257.625b).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-12-31 - Assigned Pa 657'18 With Immediate Effect [HB5372 Detail]
Download: Michigan-2017-HB5372-Introduced.html
HOUSE BILL No. 5372
December 13, 2017, Introduced by Reps. Bellino, Marino, Kesto, Sheppard and Vaupel and referred to the Committee on Judiciary.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 625b (MCL 257.625b), as amended by 2008 PA 462.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 625b. (1) A person arrested for a misdemeanor violation
of section 625(1), (3), (6), (7), or (8) or section 625m or a local
ordinance substantially corresponding to section 625(1), (3), (6),
or
(8) or section 625m shall must
be arraigned on the citation,
complaint, or warrant not more than 14 days after the arrest for
the violation or, if an arrest warrant is issued or reissued, not
more than 14 days after the issued or reissued arrest warrant is
served, whichever is later. The court shall not dismiss a case or
impose any other sanction for a failure to comply with this time
limit. The time limit does not apply to a violation of section
625(1), (3), (7), or (8) or section 625m punishable as a felony or
a violation of section 625(1), (3), (6), (7), or (8) or section
625m joined with a felony charge.
(2) The court shall schedule a pretrial conference between the
prosecuting attorney, the defendant, and the defendant's attorney
in each case in which the defendant is charged with a misdemeanor
violation of section 625(1), (3), (6), (7), or (8) or section 625m
or a local ordinance substantially corresponding to section 625(1),
(3),
(6), or (8) or section 625m. The pretrial conference shall
must be held not more than 35 days after the person's arrest for
the violation or, if an arrest warrant is issued or reissued, not
more than 35 days after the issued or reissued arrest warrant is
served, whichever is later. If the court has only 1 judge who sits
in more than 1 location in that district, the pretrial conference
shall
must be held not more than 42 days after the person's
arrest
for the violation or, if an arrest warrant is issued or reissued,
not more than 42 days after the date the issued or reissued arrest
warrant is served, whichever is later. The court shall not dismiss
a case or impose any other sanction for a failure to comply with
the applicable time limit. The 35- and 42-day time limits do not
apply to a violation of section 625(1), (3), (7), or (8) or section
625m punishable as a felony or a violation of section 625(1), (3),
(6), (7), or (8) or section 625m joined with a felony charge. The
court shall order the defendant to attend the pretrial conference
and may accept a plea by the defendant at the conclusion of the
pretrial conference. The court may adjourn the pretrial conference
upon the motion of a party for good cause shown. Not more than 1
adjournment shall be granted to a party, and the length of an
adjournment
shall must not exceed 14 days.
(3) Except for delay attributable to the unavailability of the
defendant, a witness, or material evidence or due to an
interlocutory appeal or exceptional circumstances, but not a delay
caused by docket congestion, the court shall finally adjudicate, by
a plea of guilty or nolo contendere, entry of a verdict, or other
final disposition, a case in which the defendant is charged with a
misdemeanor violation of section 625(1), (3), (6), (7), or (8) or
section 625m or a local ordinance substantially corresponding to
section 625(1), (3), (6), or (8) or section 625m, within 77 days
after the person is arrested for the violation or, if an arrest
warrant is issued or reissued, not more than 77 days after the date
the issued or reissued arrest warrant is served, whichever is
later. The court shall not dismiss a case or impose any other
sanction for a failure to comply with this time limit. The 77-day
time limit does not apply to a violation of section 625(1), (3),
(7), or (8) or section 625m punishable as a felony or a violation
of section 625(1), (3), (6), (7), or (8) or section 625m joined
with a felony charge.
(4) Before accepting a plea of guilty or nolo contendere under
section 625 or a local ordinance substantially corresponding to
section 625(1), (2), (3), (6), or (8), the court shall advise the
accused of the maximum possible term of imprisonment and the
maximum possible fine that may be imposed for the violation and
shall advise the defendant that the maximum possible license
sanctions that may be imposed will be based upon the master driving
record maintained by the secretary of state under section 204a.
(5) Before imposing sentence for a violation of section
625(1), (3), (4), (5), (6), (7), or (8) or a local ordinance
substantially corresponding to section 625(1), (3), (6), or (8),
the court shall order the person to undergo screening and
assessment by a person or agency designated by the office of
substance abuse services to determine whether the person is likely
to benefit from rehabilitative services, including alcohol or drug
education and alcohol or drug treatment programs. Except as
otherwise provided in this subsection, the court may order the
person to participate in and successfully complete 1 or more
appropriate rehabilitative programs as part of the sentence. If the
person was convicted under section 625(1)(c) or has 1 or more prior
convictions, the court shall order the person to participate in and
successfully complete 1 or more appropriate rehabilitative programs
as part of the sentence, including, but not limited to, an alcohol
treatment program or a self-help program for a period of not less
than
1 year. The treatment plan shall must be devised from an
assessment performed by an appropriately licensed alcohol assessor
and approved by the court. If the person has 2 or more prior
convictions, he or she must undergo an assessment performed by a
physician to determine whether he or she would likely benefit from
a United States Food and Drug Administration approved medication-
assisted treatment for alcohol dependence program. If the
assessment indicates the person would likely benefit from a United
States Food and Drug Administration approved medication-assisted
treatment for alcohol dependence program, the court may order the
person to participate in and successfully complete 1 or more
appropriate United States Food and Drug Administration approved
rehabilitative programs that offer medication-assisted treatment
for alcohol dependence as part of the sentence. A physician may
determine the type, dosage, and duration of the medication-assisted
treatment. The person shall pay for the costs of the screening,
assessment, and rehabilitative services ordered under this
subsection. This subsection does not require the person to
successfully complete an ordered rehabilitative program before
driving a vehicle with an ignition interlock device on a restricted
license.
(6) If the judgment and sentence are appealed to circuit
court, the court may ex parte order the secretary of state to stay
the suspension, revocation, or restricted license issued by the
secretary of state pending the outcome of the appeal.
(7) As used in this section, "physician" means that term as
defined in section 17001 or 17501 of the public health code, 1978
PA 368, MCL 333.17001 and 333.17501.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
