Bill Text: MI HB5538 | 2011-2012 | 96th Legislature | Introduced

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Bill Title: Traffic control; violations; use of a cellular telephone while operating a vehicle; prohibit, and prescribe sanctions. Amends secs. 320a & 732 of 1949 PA 300 (MCL 257.320a & 257.732) & adds sec. 602c.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2012-04-18 - Printed Bill Filed 04/18/2012 [HB5538 Detail]

Download: Michigan-2011-HB5538-Introduced.html

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HOUSE BILL No. 5538

 

April 17, 2012, Introduced by Rep. Lori and referred to the Committee on Transportation.

 

      A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending sections 320a and 732 (MCL 257.320a and 257.732), as

 

amended by 2011 PA 159, and by adding section 602c.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 320a. (1) Within 5 days after receipt of a properly

 

 2  prepared abstract from a court of this state or another state,

 

 3  the secretary of state shall record the date of conviction, civil

 

 4  infraction determination, or probate court disposition, and the

 

 5  number of points for each, based on the following formula, except

 

 6  as otherwise provided in this section and section 629c:

 

 

7       (a) Manslaughter, negligent homicide, or a

8  felony resulting from the operation of a motor

9  vehicle, ORV, or snowmobile............................6 points

1       (b) A violation of section 601b(2) or (3),

2  601c(1) or (2), or 653a(3) or (4) or, beginning

3  October 31, 2010, a violation of section 601d..........6 points

4       (c) A violation of section 625(1), (4), (5),

5  (7), or (8), section 81134 or 82127(1) of the

6  natural resources and environmental protection act,

7  1994 PA 451, MCL 324.81134 and 324.82127, or a law or

8  ordinance substantially corresponding to section

9  625(1), (4), (5), (7), or (8), or section 81134

10 or 82127(1) of the natural resources and

11 environmental protection act, 1994 PA 451,

12 MCL 324.81134 and 324.82127............................6 points

13      (d) Failing to stop and disclose identity

14 at the scene of an accident when required by law.......6 points

15      (e) Operating a motor vehicle in violation

16 of section 626.........................................6 points

17      (f) Fleeing or eluding an officer.................6 points

18      (g) A violation of section 627(9) pertaining

19 to speed in a work zone described in that section

20 by exceeding the lawful maximum by more than

21 15 miles per hour......................................5 points

22      (h) A violation of any law other than the

23 law described in subdivision (g) or ordinance

24 pertaining to speed by exceeding the lawful

25 maximum by more than 15 miles per hour.................4 points

26      (i) A violation of section 625(3) or (6),

27 section 81135 or 82127(3) of the natural

28 resources and environmental protection act,

29 1994 PA 451, MCL 324.81135 and 324.82127,

30 or a law or ordinance substantially corresponding

31 to section 625(3) or (6) or section 81135

1  or 82127(3) of the natural resources and

2  environmental protection act, 1994 PA 451,

3  MCL 324.81135 and 324.82127............................4 points

4       (j) A violation of section 626a or a law

5  or ordinance substantially corresponding to

6  section 626a...........................................4 points

7       (k) A violation of section 653a(2)................4 points

8       (l) A violation of section 627(9) pertaining

9  to speed in a work zone described in that section

10 by exceeding the lawful maximum by more than 10

11 but not more than 15 miles per hour....................4 points

12      (m) Beginning October 31, 2010, a

13 moving violation resulting in an at-fault

14 collision with another vehicle, a person,

15 or any other object....................................4 points

16      (n) A violation of any law other than the

17 law described in subdivision (l) or ordinance

18 pertaining to speed by exceeding the lawful

19 maximum by more than 10 but not more than 15

20 miles per hour or careless driving in violation

21 of section 626b or a law or ordinance substantially

22 corresponding to section 626b..........................3 points

23      (o) A violation of section 627(9) pertaining

24 to speed in a work zone described in that section

25 by exceeding the lawful maximum by 10 miles per

26 hour or less...........................................3 points

27      (p) A violation of any law other than the law

28 described in subdivision (o) or ordinance

29 pertaining to speed by exceeding the lawful maximum

30 by 10 miles per hour or less...........................2 points

31      (q) Disobeying a traffic signal or stop sign,

1  or improper passing....................................3 points

2       (r) A violation of section 624a, 624b, or

3  a law or ordinance substantially corresponding to

4  section 624a or 624b...................................2 points

5       (s) A violation of section 310e(4) or (6) or

6  a law or ordinance substantially corresponding to

7  section 310e(4) or (6).................................2 points

8       (t) All other moving violations pertaining to

9  the operation of motor vehicles reported under

10 this section...........................................2 points

11      (u) A refusal by a person less than 21 years of

12 age to submit to a preliminary breath test required

13 by a peace officer under section 625a..................2 points

 

 

14        (2) Points shall not be entered for a violation of section

 

15  310e(14), 311, 602b(1), 602c, 625m, 658, 710d, 717, 719, 719a, or

 

16  723.

 

17        (3) Points shall not be entered for bond forfeitures.

 

18        (4) Points shall not be entered for overweight loads or for

 

19  defective equipment.

 

20        (5) If more than 1 conviction, civil infraction

 

21  determination, or probate court disposition results from the same

 

22  incident, points shall be entered only for the violation that

 

23  receives the highest number of points under this section.

 

24        (6) If a person has accumulated 9 points as provided in this

 

25  section, the secretary of state may call the person in for an

 

26  interview as to the person's driving ability and record after due

 

27  notice as to time and place of the interview. If the person fails

 

28  to appear as provided in this subsection, the secretary of state

 

 1  shall add 3 points to the person's record.

 

 2        (7) If a person violates a speed restriction established by

 

 3  an executive order issued during a state of energy emergency as

 

 4  provided by 1982 PA 191, MCL 10.81 to 10.89, the secretary of

 

 5  state shall enter points for the violation pursuant to under

 

 6  subsection (1).

 

 7        (8) The secretary of state shall enter 6 points upon the

 

 8  record of a person whose license is suspended or denied pursuant

 

 9  to under section 625f. However, if a conviction, civil infraction

 

10  determination, or probate court disposition results from the same

 

11  incident, additional points for that offense shall not be

 

12  entered.

 

13        (9) If a Michigan driver commits a violation in another

 

14  state that would be a civil infraction if committed in Michigan,

 

15  and a conviction results solely because of the failure of the

 

16  Michigan driver to appear in that state to contest the violation,

 

17  upon receipt of the abstract of conviction by the secretary of

 

18  state, the violation shall be noted on the driver's record, but

 

19  no points shall be assessed against his or her driver's license.

 

20        Sec. 602c. (1) Except as provided in this section, an

 

21  individual issued a level 2 graduated license under section 310e

 

22  shall not use a cellular telephone while operating a motor

 

23  vehicle upon a highway or street. For purposes of this

 

24  subsection, "use" means to initiate a call; answer a call; or

 

25  listen to or engage in verbal communication through the cellular

 

26  telephone.

 

27        (2) Subsection (1) does not apply to an individual who is

 

 1  using a cellular telephone to do any of the following:

 

 2        (a) Report a traffic accident, medical emergency, or serious

 

 3  road hazard.

 

 4        (b) Report a situation in which the person believes his or

 

 5  her personal safety is in jeopardy.

 

 6        (c) Report or avert the perpetration or potential

 

 7  perpetration of a criminal act against the individual or another

 

 8  person.

 

 9        (d) Carry out official duties as a police officer, law

 

10  enforcement official, member of a paid or volunteer fire

 

11  department, or operator of an emergency vehicle.

 

12        (3) Enforcement of this section by state or local law

 

13  enforcement agencies shall be accomplished only as a secondary

 

14  action when the operator of the motor vehicle has been detained

 

15  for a suspected violation of another section of this act or the

 

16  motor vehicle has been involved in a collision with any vehicle,

 

17  person, or object.

 

18        (4) An individual who violates this section is responsible

 

19  for a civil infraction.

 

20        (5) This section supersedes all local ordinances regulating

 

21  the use of a communications device while operating a motor

 

22  vehicle in motion on a highway or street, except that a unit of

 

23  local government may adopt an ordinance or enforce an existing

 

24  ordinance substantially corresponding to this section.

 

25        Sec. 732. (1) Each municipal judge and each clerk of a court

 

26  of record shall keep a full record of every case in which a

 

27  person is charged with or cited for a violation of this act or a

 

 1  local ordinance substantially corresponding to this act

 

 2  regulating the operation of vehicles on highways and with those

 

 3  offenses pertaining to the operation of ORVs or snowmobiles for

 

 4  which points are assessed under section 320a(1)(c) or (i). Except

 

 5  as provided in subsection (16), the municipal judge or clerk of

 

 6  the court of record shall prepare and forward to the secretary of

 

 7  state an abstract of the court record as follows:

 

 8        (a) Not more than 5 days after a conviction, forfeiture of

 

 9  bail, or entry of a civil infraction determination or default

 

10  judgment upon a charge of or citation for violating or attempting

 

11  to violate this act or a local ordinance substantially

 

12  corresponding to this act regulating the operation of vehicles on

 

13  highways.

 

14        (b) Immediately for each case charging a violation of

 

15  section 625(1), (3), (4), (5), (6), (7), or (8) or section 625m

 

16  or a local ordinance substantially corresponding to section

 

17  625(1), (3), (6), or (8) or section 625m in which the charge is

 

18  dismissed or the defendant is acquitted.

 

19        (c) Immediately for each case charging a violation of

 

20  section 82127(1) or (3), 81134, or 81135 of the natural resources

 

21  and environmental protection act, 1994 PA 451, MCL 324.82127,

 

22  324.81134, and 324.81135, or a local ordinance substantially

 

23  corresponding to those sections.

 

24        (2) If a city or village department, bureau, or person is

 

25  authorized to accept a payment of money as a settlement for a

 

26  violation of a local ordinance substantially corresponding to

 

27  this act, the city or village department, bureau, or person shall

 

 1  send a full report of each case in which a person pays any amount

 

 2  of money to the city or village department, bureau, or person to

 

 3  the secretary of state upon a form prescribed by the secretary of

 

 4  state.

 

 5        (3) The abstract or report required under this section shall

 

 6  be made upon a form furnished by the secretary of state. An

 

 7  abstract shall be certified by signature, stamp, or facsimile

 

 8  signature of the person required to prepare the abstract as

 

 9  correct. An abstract or report shall include all of the

 

10  following:

 

11        (a) The name, address, and date of birth of the person

 

12  charged or cited.

 

13        (b) The number of the person's operator's or chauffeur's

 

14  license, if any.

 

15        (c) The date and nature of the violation.

 

16        (d) The type of vehicle driven at the time of the violation

 

17  and, if the vehicle is a commercial motor vehicle, that vehicle's

 

18  group designation.

 

19        (e) The date of the conviction, finding, forfeiture,

 

20  judgment, or civil infraction determination.

 

21        (f) Whether bail was forfeited.

 

22        (g) Any license restriction, suspension, or denial ordered

 

23  by the court as provided by law.

 

24        (h) The vehicle identification number and registration plate

 

25  number of all vehicles that are ordered immobilized or forfeited.

 

26        (i) Other information considered necessary to the secretary

 

27  of state.

 

 1        (4) The clerk of the court also shall forward an abstract of

 

 2  the court record to the secretary of state upon a person's

 

 3  conviction involving any of the following:

 

 4        (a) A violation of section 413, 414, or 479a of the Michigan

 

 5  penal code, 1931 PA 328, MCL 750.413, 750.414, and 750.479a.

 

 6        (b) A violation of section 1 of former 1931 PA 214.

 

 7        (c) Negligent homicide, manslaughter, or murder resulting

 

 8  from the operation of a vehicle.

 

 9        (d) A violation of sections 701(1) and 703 of the Michigan

 

10  liquor control code of 1998, 1998 PA 58, MCL 436.1701 and

 

11  436.1703, or a local ordinance substantially corresponding to

 

12  those sections.

 

13        (e) A violation of section 411a(2) of the Michigan penal

 

14  code, 1931 PA 328, MCL 750.411a.

 

15        (f) A violation of motor carrier safety regulations 49 CFR

 

16  392.10 or 392.11 as adopted by section 1a of the motor carrier

 

17  safety act of 1963, 1963 PA 181, MCL 480.11a.

 

18        (g) A violation of section 57 of the pupil transportation

 

19  act, 1990 PA 187, MCL 257.1857.

 

20        (h) A violation of motor carrier safety regulations 49 CFR

 

21  392.10 or 392.11 as adopted by section 31 of the motor bus

 

22  transportation act, 1982 PA 432, MCL 474.131.

 

23        (i) An attempt to violate, a conspiracy to violate, or a

 

24  violation of part 74 of the public health code, 1978 PA 368, MCL

 

25  333.7401 to 333.7461, or a local ordinance that prohibits conduct

 

26  prohibited under part 74 of the public health code, 1978 PA 368,

 

27  MCL 333.7401 to 333.7461, unless the convicted person is

 

 1  sentenced to life imprisonment or a minimum term of imprisonment

 

 2  that exceeds 1 year for the offense.

 

 3        (j) An attempt to commit an offense described in

 

 4  subdivisions (a) to (h).

 

 5        (k) A violation of chapter LXXXIII-A of the Michigan penal

 

 6  code, 1931 PA 328, MCL 750.543a to 750.543z.

 

 7        (l) A violation of section 3101, 3102(1), or 3103 of the

 

 8  insurance code of 1956, 1956 PA 218, MCL 500.3101, 500.3102, and

 

 9  500.3103.

 

10        (m) A violation listed as a disqualifying offense under 49

 

11  CFR 383.51.

 

12        (5) The clerk of the court shall also forward an abstract of

 

13  the court record to the secretary of state if a person has pled

 

14  guilty to, or offered a plea of admission in a juvenile

 

15  proceeding for, a violation of section 703 of the Michigan liquor

 

16  control code of 1998, 1998 PA 58, MCL 436.1703, or a local

 

17  ordinance substantially corresponding to that section, and has

 

18  had further proceedings deferred under that section. If the

 

19  person is sentenced to a term of probation and terms and

 

20  conditions of probation are fulfilled and the court discharges

 

21  the individual and dismisses the proceedings, the court shall

 

22  also report the dismissal to the secretary of state.

 

23        (6) As used in subsections (7) to (9), "felony in which a

 

24  motor vehicle was used" means a felony during the commission of

 

25  which the person operated a motor vehicle and while operating the

 

26  vehicle presented real or potential harm to persons or property

 

27  and 1 or more of the following circumstances existed:

 

 1        (a) The vehicle was used as an instrument of the felony.

 

 2        (b) The vehicle was used to transport a victim of the

 

 3  felony.

 

 4        (c) The vehicle was used to flee the scene of the felony.

 

 5        (d) The vehicle was necessary for the commission of the

 

 6  felony.

 

 7        (7) If a person is charged with a felony in which a motor

 

 8  vehicle was used, other than a felony specified in subsection (4)

 

 9  or section 319, the prosecuting attorney shall include the

 

10  following statement on the complaint and information filed in

 

11  district or circuit court:

 

12        "You are charged with the commission of a felony in which a

 

13  motor vehicle was used. If you are convicted and the judge finds

 

14  that the conviction is for a felony in which a motor vehicle was

 

15  used, as defined in section 319 of the Michigan vehicle code,

 

16  1949 PA 300, MCL 257.319, your driver's license shall be

 

17  suspended by the secretary of state.".

 

18        (8) If a juvenile is accused of an act, the nature of which

 

19  constitutes a felony in which a motor vehicle was used, other

 

20  than a felony specified in subsection (4) or section 319, the

 

21  prosecuting attorney or family division of circuit court shall

 

22  include the following statement on the petition filed in the

 

23  court:

 

24        "You are accused of an act the nature of which constitutes a

 

25  felony in which a motor vehicle was used. If the accusation is

 

26  found to be true and the judge or referee finds that the nature

 

27  of the act constitutes a felony in which a motor vehicle was

 

 1  used, as defined in section 319 of the Michigan vehicle code,

 

 2  1949 PA 300, MCL 257.319, your driver's license shall be

 

 3  suspended by the secretary of state.".

 

 4        (9) If the court determines as part of the sentence or

 

 5  disposition that the felony for which the person was convicted or

 

 6  adjudicated and with respect to which notice was given under

 

 7  subsection (7) or (8) is a felony in which a motor vehicle was

 

 8  used, the clerk of the court shall forward an abstract of the

 

 9  court record of that conviction to the secretary of state.

 

10        (10) As used in subsections (11) and (12), "felony in which

 

11  a commercial motor vehicle was used" means a felony during the

 

12  commission of which the person operated a commercial motor

 

13  vehicle and while the person was operating the vehicle 1 or more

 

14  of the following circumstances existed:

 

15        (a) The vehicle was used as an instrument of the felony.

 

16        (b) The vehicle was used to transport a victim of the

 

17  felony.

 

18        (c) The vehicle was used to flee the scene of the felony.

 

19        (d) The vehicle was necessary for the commission of the

 

20  felony.

 

21        (11) If a person is charged with a felony in which a

 

22  commercial motor vehicle was used and for which a vehicle group

 

23  designation on a license is subject to suspension or revocation

 

24  under section 319b(1)(c)(iii), 319b(1)(d), 319b(1)(e)(iii), or

 

25  319b(1)(f)(i), the prosecuting attorney shall include the

 

26  following statement on the complaint and information filed in

 

27  district or circuit court:

 

 1        "You are charged with the commission of a felony in which a

 

 2  commercial motor vehicle was used. If you are convicted and the

 

 3  judge finds that the conviction is for a felony in which a

 

 4  commercial motor vehicle was used, as defined in section 319b of

 

 5  the Michigan vehicle code, 1949 PA 300, MCL 257.319b, all vehicle

 

 6  group designations on your driver's license shall be suspended or

 

 7  revoked by the secretary of state.".

 

 8        (12) If the judge determines as part of the sentence that

 

 9  the felony for which the defendant was convicted and with respect

 

10  to which notice was given under subsection (11) is a felony in

 

11  which a commercial motor vehicle was used, the clerk of the court

 

12  shall forward an abstract of the court record of that conviction

 

13  to the secretary of state.

 

14        (13) Every person required to forward abstracts to the

 

15  secretary of state under this section shall certify for the

 

16  period from January 1 through June 30 and for the period from

 

17  July 1 through December 31 that all abstracts required to be

 

18  forwarded during the period have been forwarded. The

 

19  certification shall be filed with the secretary of state not

 

20  later than 28 days after the end of the period covered by the

 

21  certification. The certification shall be made upon a form

 

22  furnished by the secretary of state and shall include all of the

 

23  following:

 

24        (a) The name and title of the person required to forward

 

25  abstracts.

 

26        (b) The court for which the certification is filed.

 

27        (c) The time period covered by the certification.

 

 1        (d) The following statement:

 

 2        "I certify that all abstracts required by section 732 of the

 

 3  Michigan vehicle code, MCL 257.732; MSA 9.2432, for the period

 

 4  ________________ through ______________ have been forwarded to

 

 5  the secretary of state.".

 

 6        (e) Other information the secretary of state considers

 

 7  necessary.

 

 8        (f) The signature of the person required to forward

 

 9  abstracts.

 

10        (14) The failure, refusal, or neglect of a person to comply

 

11  with this section constitutes misconduct in office and is grounds

 

12  for removal from office.

 

13        (15) Except as provided in subsection (16), the secretary of

 

14  state shall keep all abstracts received under this section at the

 

15  secretary of state's main office and the abstracts shall be open

 

16  for public inspection during the office's usual business hours.

 

17  Each abstract shall be entered upon the master driving record of

 

18  the person to whom it pertains.

 

19        (16) Except for controlled substance offenses described in

 

20  subsection (4), the court shall not submit, and the secretary of

 

21  state shall discard and not enter on the master driving record,

 

22  an abstract for a conviction or civil infraction determination

 

23  for any of the following violations:

 

24        (a) The parking or standing of a vehicle.

 

25        (b) A nonmoving violation that is not the basis for the

 

26  secretary of state's suspension, revocation, or denial of an

 

27  operator's or chauffeur's license.

 

 1        (c) A violation of chapter II that is not the basis for the

 

 2  secretary of state's suspension, revocation, or denial of an

 

 3  operator's or chauffeur's license.

 

 4        (d) A pedestrian, passenger, or bicycle violation, other

 

 5  than a violation of section 703(1) or (2) of the Michigan liquor

 

 6  control code of 1998, 1998 PA 58, MCL 436.1703, or a local

 

 7  ordinance substantially corresponding to section 703(1) or (2) of

 

 8  the Michigan liquor control code of 1998, 1998 PA 58, MCL

 

 9  436.1703, or section 624a or 624b or a local ordinance

 

10  substantially corresponding to section 624a or 624b.

 

11        (e) A violation of section 710e or a local ordinance

 

12  substantially corresponding to section 710e.

 

13        (f) A violation of section 328(1) if, before the appearance

 

14  date on the citation, the person submits proof to the court that

 

15  the motor vehicle had insurance meeting the requirements of

 

16  sections 3101 and 3102 of the insurance code of 1956, 1956 PA

 

17  218, MCL 500.3101 and 500.3102, at the time the citation was

 

18  issued. Insurance obtained subsequent to the time of the

 

19  violation does not make the violation an exception under this

 

20  subsection.

 

21        (g) A violation described in section 319b(10)(b)(vii) if,

 

22  before the court appearance date or date fines are to be paid,

 

23  the person submits proof to the court that he or she held a valid

 

24  commercial driver license on the date the citation was issued.

 

25        (h) A violation of section 311 if the person was driving a

 

26  noncommercial vehicle and, before the court appearance date or

 

27  the date fines are to be paid, the person submits proof to the

 

 1  court that he or she held a valid driver license on the date the

 

 2  citation was issued.

 

 3        (i) A violation of section 602b(1) or 602c.

 

 4        (17) Except as otherwise provided in this subsection, the

 

 5  secretary of state shall discard and not enter on the master

 

 6  driving record an abstract for a bond forfeiture that occurred

 

 7  outside this state. The secretary of state shall enter on the

 

 8  master driving record an abstract for a conviction as defined in

 

 9  section 8a(b) that occurred outside this state in connection with

 

10  the operation of a commercial motor vehicle or for a conviction

 

11  of a person licensed as a commercial motor vehicle driver.

 

12        (18) The secretary of state shall inform the courts of this

 

13  state of the nonmoving violations and violations of chapter II

 

14  that are used by the secretary of state as the basis for the

 

15  suspension, restriction, revocation, or denial of an operator's

 

16  or chauffeur's license.

 

17        (19) If a conviction or civil infraction determination is

 

18  reversed upon appeal, the person whose conviction or

 

19  determination has been reversed may serve on the secretary of

 

20  state a certified copy of the order of reversal. The secretary of

 

21  state shall enter the order in the proper book or index in

 

22  connection with the record of the conviction or civil infraction

 

23  determination.

 

24        (20) The secretary of state may permit a city or village

 

25  department, bureau, person, or court to modify the requirement as

 

26  to the time and manner of reporting a conviction, civil

 

27  infraction determination, or settlement to the secretary of state

 

 1  if the modification will increase the economy and efficiency of

 

 2  collecting and utilizing the records. If the permitted abstract

 

 3  of court record reporting a conviction, civil infraction

 

 4  determination, or settlement originates as a part of the written

 

 5  notice to appear, authorized in section 728(1) or 742(1), the

 

 6  form of the written notice and report shall be as prescribed by

 

 7  the secretary of state.

 

 8        (21) Notwithstanding any other law of this state, a court

 

 9  shall not take under advisement an offense committed by a person

 

10  while operating a commercial motor vehicle or by a person

 

11  licensed to drive a commercial motor vehicle while operating a

 

12  noncommercial motor vehicle at the time of the offense, for which

 

13  this act requires a conviction or civil infraction determination

 

14  to be reported to the secretary of state. A conviction or civil

 

15  infraction determination that is the subject of this subsection

 

16  shall not be masked, delayed, diverted, suspended, or suppressed

 

17  by a court. Upon a conviction or civil infraction determination,

 

18  the conviction or civil infraction determination shall

 

19  immediately be reported to the secretary of state in accordance

 

20  with this section.

 

21        (22) Except as provided in this act and notwithstanding any

 

22  other provision of law, a court shall not order expunction of any

 

23  violation reportable to the secretary of state under this

 

24  section.