Bill Text: MI HB5633 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Traffic control; driver license; failure to appear in court for driving while license is suspended; revise penalties for certain first-time offenders and eliminate driver responsibility fee for certain first-time offenders. Amends secs. 303, 304, 625n, 732a, 904 & 904d of 1949 PA 300 (MCL 257.303 et seq.). TIE BAR WITH: HB 5634'16

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2016-05-11 - Bill Electronically Reproduced 05/10/2016 [HB5633 Detail]

Download: Michigan-2015-HB5633-Introduced.html

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HOUSE BILL No. 5633

May 10, 2016, Introduced by Rep. Kosowski and referred to the Committee on Criminal Justice.

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending sections 303, 304, 625n, 732a, 904, and 904d (MCL

 

257.303, 257.304, 257.625n, 257.732a, 257.904, and 257.904d),

 

section 303 as amended by 2012 PA 498, sections 304 and 732a as

 

amended by 2016 PA 32, sections 625n and 904d as amended by 2010 PA

 

155, and section 904 as amended by 2015 PA 11.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     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. 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) 904(5) or (5).(6).

 

     (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 653a(4),

 

section 904(4) 904(5) or (5), (6), 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) 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 under either of the following

 

circumstances:

 

     (a) The person has been disqualified by the United States

 

secretary of transportation from operating a commercial motor

 

vehicle.

 

     (b) Beginning on and after January 30, 2012, the person does

 

not meet the requirements of the federal regulations under parts

 

383 and 391 by refusing to certify the type of commercial motor

 

vehicle operation the person intends to perform and, if required,

 

fails to present to the secretary of state a valid medical

 

certification.

 

     (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.

 

     (j) Section 732a(5).

 

     (k) Section 904(10).904(11).

 

     (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 or events:

 

     (a) In the course of the person's employment or occupation if

 

the employment or occupation does not require a commercial driver

 

license.

 

     (b) To and from any combination of the following:

 

     (i) The person's residence.

 

     (ii) The person's work location.

 

     (iii) An alcohol, drug, or mental health education and

 

treatment as ordered by the court.

 

     (iv) Alcoholics anonymous, narcotics anonymous, or other

 

court-ordered self-help programs.

 

     (v) Court hearings and probation appointments.

 

     (vi) Court-ordered community service.

 

     (vii) An educational institution at which the person is

 

enrolled as a student.

 

     (viii) A place of regularly occurring medical treatment for a

 

serious condition or medical emergency for the person or a member

 

of the person's household or immediate family.

 

     (ix) Alcohol or drug testing as ordered by the court.

 

     (x) Ignition interlock service provider as required.

 

     (5) 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.

 

     (6) 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. Subject

 

to subsection (7), the hearing officer shall not order 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.

 

     (c) The person demonstrates that he or she has operated with

 

an ignition interlock device for not less than 1 year.

 

     (d) The person satisfies the requirements of section 303 and R

 

257.313 of the Michigan administrative code.Administrative Code.

 

     (7) A hearing officer shall not issue an unrestricted license

 

for at least 1 year if either of the following applies:

 

     (a) The hearing officer determines that the person consumed

 

any alcohol during the period that his or her license was

 

restricted under this section, as determined by breath, blood,

 

urine, or transdermal testing unless a second test, administered

 

within 5 minutes after administering the first test, showed an

 

absence of alcohol.

 

     (b) The hearing officer determines that the person consumed or

 

otherwise used any controlled substance during the period that his

 

or her license was restricted under this section, except as

 

lawfully prescribed.

 

     (8) In determining whether to order an unrestricted license

 

under subsection (6), the successful completion of the DWI/sobriety

 

court program and a certificate from the DWI/sobriety court judge

 

shall be considered positive evidence of the petitioner's

 

abstinence while the petitioner participated in the DWI/sobriety

 

court program. This subsection does not apply to a determination

 

made under subsection (7). As used in this subsection,

 

"certificate" includes, but is not limited to, a statement that the

 

participant has maintained a period of abstinence from alcohol for

 

not less than 6 months at the time the participant completed the

 

DWI/sobriety court program.

 

     (9) 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.

 

     (10) After the person completes the DWI/sobriety court

 

program, the following apply:

 

     (a) The secretary of state shall postpone considering the

 

issuance of an unrestricted license under section 322 for a period

 

of 3 months for each act that would be a minor violation if the

 

person's license had been issued under section 322(6). As used in

 

this subdivision, "minor violation" means that term as defined in R

 

257.301a of the Michigan administrative code.Administrative Code.

 

     (b) The restricted license issued under this section shall be

 

suspended or revoked or denied as provided in subsection (9),

 

unless set aside under section 322(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 commits any other act that would be a major

 

violation if the person's license had been issued under section

 

322(6). As used in this subparagraph, "major violation" means that

 

term as defined in R 257.301a of the Michigan administrative

 

code.Administrative Code.

 

     (iv) 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.

 

     (c) 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.

 

     (d) 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.

 

     (11) 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 program.

 

     (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.

 

     (12) The vehicle of an individual admitted to the DWI/sobriety

 

court program 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 program participant in

 

good standing or the person successfully satisfactorily completes

 

the DWI/sobriety court program.

 

     (b) The person does not subsequently violate a law of this

 

state for which vehicle immobilization or forfeiture is a sanction.

 

     (13) This section only applies to individuals arrested for a

 

violation of section 625 on or after January 1, 2011.

 

     (14) 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 program" means "program" as that term

 

is defined in section 1084 of the revised judicature act of 1961,

 

1961 PA 236, MCL 600.1084.

 

     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) 904(5) or (5), (6), 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 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 technology, 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. 732a. (1) An individual, whether licensed or not, who

 

accumulates 7 or more points on his or her driving record 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. This subsection

 

is subject to subsection (11).

 

     (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) Subject to subsection (11), 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).

 

     (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) Subject to subsection (11) and except as provided in

 

subsection (12), 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) Through September 30, 2012, 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.

 

However, a driver responsibility fee shall not be assessed under

 

this subdivision for a violation committed on or after October 1,

 

2012.

 

     (d) Through September 30, 2012, 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. However, a driver responsibility fee shall

 

not be assessed under this subdivision for a violation committed on

 

or after October 1, 2012.

 

     (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 or, alternatively,

 

the individual may engage in community service under section 732b.

 

     (5) Except as otherwise provided under this subsection and

 

section 732b, 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 individual's 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 under this act, 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 the individual fails to make full

 

or timely payments under that plan, or enters into community

 

service under section 732b but fails to successfully complete that

 

service within the 45-day period allowed, or withdraws from

 

community service with or without good cause shown, the secretary

 

of state shall suspend the individual's driving privileges. The

 

secretary of state shall only reinstate a license under this

 

subsection once. Not later than April 1, 2013, the secretary of

 

state shall only reinstate a license under this subsection 3 times.

 

     (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), but subject to subsection (11).

 

     (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

 

licensing and regulatory affairs 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 $8,500,000.00 shall be credited to the fire

 

protection fund created in subsection (8).

 

     (b) For fiscal year 2015, after the amount specified in

 

subdivision (a) is credited to the fire protection fund created

 

under subsection (8), the next $1,550,000.00 shall be credited as

 

follows:

 

     (i) $550,000.00 to the department of treasury, distributed as

 

follows:

 

     (A) $500,000.00 for administering the requirements of the

 

department of treasury under section 732b.

 

     (B) $50,000.00 for providing a 1-time-only written notice to

 

individuals under section 732b(2) of the option of entering into

 

community service as an alternative to paying a driver

 

responsibility fee.

 

     (ii) $1,000,000.00 to the department of state for necessary

 

expenses incurred by the department of state in implementing and

 

administering the requirements of sections 625k and 625q. of the

 

Michigan vehicle code, 1949 PA 300, MCL 257.625k and 257.625q.

 

Funds appropriated under this subparagraph shall be based upon an

 

established cost allocation methodology that reflects the actual

 

costs incurred or to be incurred by the secretary of state during

 

the fiscal year. However, funds appropriated under this

 

subparagraph shall not exceed $1,000,000.00 during that fiscal

 

year.

 

     (c) For fiscal year 2016, after the amount specified in

 

subdivision (a) is credited to the fire protection fund created

 

under subsection (8), the next $1,500,000.00 shall be credited as

 

follows:

 

     (i) $500,000.00 to the department of treasury for

 

administering the requirements of the department of treasury under

 

section 732b.

 

     (ii) $1,000,000.00 to the department of state for necessary

 

expenses incurred by the department of state in implementing and

 

administering the requirements of sections 625k and 625q. of the

 

Michigan vehicle code, 1949 PA 300, MCL 257.625k and 257.625q.

 

Funds appropriated under this subparagraph shall be based upon an

 

established cost allocation methodology that reflects the actual

 

costs incurred or to be incurred by the secretary of state during

 

the fiscal year. However, funds appropriated under this

 

subparagraph shall not exceed $1,000,000.00 during that fiscal

 

year.

 

     (d) For fiscal year 2017 and for each fiscal year thereafter,

 

after the amount specified in subdivision (a) is credited to the

 

fire protection fund created under subsection (8), the next

 

$1,000,000.00 shall be credited to the department of state for

 

necessary expenses incurred by the department of state in

 

implementing and administering the requirements of sections 625k

 

and 625q. of the Michigan vehicle code, 1949 PA 300, MCL 257.625k

 

and 257.625q. Funds appropriated under this subdivision shall be

 

based upon an established cost allocation methodology that reflects

 

the actual costs incurred or to be incurred by the secretary of

 

state during the fiscal year. However, funds appropriated under

 

this subdivision shall not exceed $1,000,000.00 during any fiscal

 

year.

 

     (e) Any amount collected after crediting the amounts under

 

subdivisions (a) through (d) shall be credited to the general fund.

 

     (10) The collection of assessments under this section is

 

subject to section 304.

 

     (11) A driver responsibility fee shall be assessed and

 

collected under this section as follows:

 

     (a) For an individual who accumulates 7 or more points on his

 

or her driving record beginning on the following dates, a fee

 

assessed under subsection (1) shall be reduced as follows:

 

     (i) Beginning October 1, 2015, the assessment shall be 75% of

 

the fee calculated under subsection (1).

 

     (ii) Beginning October 1, 2016, the assessment shall be 50% of

 

the fee calculated under subsection (1).

 

     (iii) Beginning October 1, 2018, the assessment shall be 25%

 

of the fee calculated under subsection (1).

 

     (iv) Beginning October 1, 2019, no fee shall be assessed under

 

subsection (1).

 

     (b) A Except as provided in subsection (12), a fee assessed

 

under subsection (2)(a) or (b) shall be reduced as follows:

 

     (i) For a violation that occurs on or after October 1, 2015,

 

100% of the fee shall be assessed for the first year and 50% for

 

the second year.

 

     (ii) For a violation that occurs on or after October 1, 2016,

 

100% of the fee shall be assessed for the first year and no fee

 

shall be assessed for the second year.

 

     (iii) For a violation that occurs on or after October 1, 2018,

 

50% of the fee shall be assessed for the first year and no fee

 

shall be assessed for the second year.

 

     (iv) For a violation that occurs on or after October 1, 2019,

 

no fee shall be assessed under subsection (2)(a) or (b).

 

     (12) An individual who violates section 904(1) because his or

 

her operator's or chauffeur's license was suspended for failure to

 

answer a citation or comply with an order or judgment under section

 

321a is not subject to a driver's responsibility fee under this

 

section if it is his or her first violation as described in section

 

904(4).

 

     (13) (12) It is the intent of the legislature that beginning

 

with the fiscal year ending September 30, 2018, and each fiscal

 

year after that, $8,500,000.00 shall be appropriated to the fire

 

protection fund created under subsection (8).

 

     Sec. 904. (1) A person whose operator's or chauffeur's license

 

or registration certificate has been suspended or revoked, whose

 

application for license has been denied, or who has never applied

 

for a license, shall not operate a motor vehicle upon a highway or

 

other place open to the general public or generally accessible to

 

motor vehicles, including an area designated for the parking of

 

motor vehicles, within this state.

 

     (2) A person shall not knowingly permit a motor vehicle owned

 

by the person to be operated upon a highway or other place open to

 

the general public or generally accessible to motor vehicles,

 

including an area designated for the parking of vehicles, within

 

this state by a person whose license or registration certificate is

 

suspended or revoked, whose application for license has been

 

denied, or who has never applied for a license, except as permitted

 

under this act.

 

     (3) Except as otherwise provided in this section, a person who

 

violates subsection (1) or (2) is guilty of a misdemeanor

 

punishable as follows:

 

     (a) For Except as provided in subsection (4), for a first

 

violation, by imprisonment for not more than 93 days or a fine of

 

not more than $500.00, or both. Unless the vehicle was stolen or

 

used with the permission of a person who did not knowingly permit

 

an unlicensed driver to operate the vehicle, the registration

 

plates of the vehicle shall be canceled by the secretary of state

 

upon notification by a peace officer.

 

     (b) For a violation that occurs after a prior conviction, by

 

imprisonment for not more than 1 year or a fine of not more than

 

$1,000.00, or both. Unless the vehicle was stolen, the registration

 

plates of the vehicle shall be canceled by the secretary of state

 

upon notification by a peace officer.

 

     (4) A person who operates a motor vehicle in violation of

 

subsection (1) because his or her operator's or chauffeur's license

 

was suspended for failure to answer a citation or comply with an

 

order or judgment under section 321a is responsible for a civil

 

infraction and may be ordered to pay a civil fine of not more than

 

$150.00. A finding of responsibility under this subsection is not a

 

prior conviction for purposes of subsection (3)(b). This subsection

 

may only be applied once during a person's lifetime. A subsequent

 

violation of subsection (1) that occurs as described in this

 

subsection is a misdemeanor punishable as provided in subsection

 

(3).

 

     (5) (4) A person who operates a motor vehicle in violation of

 

subsection (1) and who, by operation of that motor 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. This subsection does

 

not apply to a person whose operator's or chauffeur's license was

 

suspended because that person failed to answer a citation or comply

 

with an order or judgment under section 321a.

 

     (6) (5) A person who operates a motor vehicle in violation of

 

subsection (1) and who, by operation of that motor vehicle, causes

 

the serious impairment of a body function of 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. This subsection does not apply to a person whose

 

operator's or chauffeur's license was suspended because that person

 

failed to answer a citation or comply with an order or judgment

 

under section 321a.

 

     (7) (6) In addition to being subject to any other penalty

 

provided for in this act, if a person is convicted under subsection

 

(4) (5) or (5), (6), the court may impose the sanction permitted

 

under section 625n. If the vehicle is not ordered forfeited under

 

section 625n, the court shall order vehicle immobilization under

 

section 904d in the judgment of sentence.

 

     (8) (7) A person shall not knowingly permit a motor vehicle

 

owned by the person to be operated upon a highway or other place

 

open to the general public or generally accessible to motor

 

vehicles, including an area designated for the parking of vehicles,

 

within this state, by a person whose license or registration

 

certificate is suspended or revoked, whose application for license

 

has been denied, or who has never been licensed except as permitted

 

by this act. If a person permitted to operate a motor vehicle in

 

violation of this subsection (2) causes the serious impairment of a

 

body function of another person by operation of that motor vehicle,

 

the person knowingly permitting the operation of that motor vehicle

 

is guilty of a felony punishable by imprisonment for not more than

 

2 years, or a fine of not less than $1,000.00 or more than

 

$5,000.00, or both. If a person permitted to operate a motor

 

vehicle in violation of this subsection (2) causes the death of

 

another person by operation of that motor vehicle, the person

 

knowingly permitting the operation of that motor vehicle is guilty

 

of a felony punishable by imprisonment for not more than 5 years,

 

or a fine of not less than $1,000.00 or more than $5,000.00, or

 

both.

 

     (9) (8) If the prosecuting attorney intends to seek an

 

enhanced sentence under this section based upon the defendant

 

having 1 or more prior convictions, the prosecuting attorney shall

 

include on the complaint and information, or an amended complaint

 

and information, filed in district court, circuit court, municipal

 

court, or family division of circuit court, a statement listing the

 

defendant's prior convictions.

 

     (10) (9) A prior conviction under this section shall be

 

established at or before sentencing by 1 or more of the following:

 

     (a) A copy of a judgment of conviction.

 

     (b) An abstract of conviction.

 

     (c) A transcript of a prior trial, plea, or sentencing.

 

     (d) A copy of a court register of action.

 

     (e) A copy of the defendant's driving record.

 

     (f) Information contained in a presentence report.

 

     (g) An admission by the defendant.

 

     (11) (10) Upon receiving a record of a person's conviction or

 

civil infraction determination for the unlawful operation of a

 

motor vehicle or a moving violation reportable under section 732

 

while the person's operator's or chauffeur's license is suspended

 

or revoked, the secretary of state immediately shall impose an

 

additional like period of suspension or revocation. This subsection

 

applies only if the violation occurs during a suspension of

 

definite length or if the violation occurs before the person is

 

approved for a license following a revocation.

 

     (12) (11) Upon receiving a record of a person's conviction or

 

civil infraction determination for the unlawful operation of a

 

motor vehicle or a moving violation reportable under section 732

 

while the person's operator's or chauffeur's license is

 

indefinitely suspended or whose application for a license has been

 

denied, the secretary of state immediately shall impose a 30-day

 

period of suspension or denial.

 

     (13) (12) Upon receiving a record of the conviction, bond

 

forfeiture, or a civil infraction determination of a person for

 

unlawful operation of a motor vehicle requiring a vehicle group

 

designation while the designation is suspended or revoked under

 

section 319b, or while the person is disqualified from operating a

 

commercial motor vehicle by the United States Secretary of

 

Transportation or under 49 USC 31301 to 31317, the secretary of

 

state immediately shall impose an additional like period of

 

suspension or revocation. This subsection applies only if the

 

violation occurs during a suspension of definite length or if the

 

violation occurs before the person is approved for a license

 

following a revocation.

 

     (14) (13) If the secretary of state receives records of more

 

than 1 conviction or civil infraction determination resulting from

 

the same incident, all of the convictions or civil infraction

 

determinations shall be treated as a single violation for purposes

 

of imposing an additional period of suspension or revocation under

 

subsection (10), (11), or (12).(11), (12), or (13).

 

     (15) (14) Before a person is arraigned before a district court

 

magistrate or judge on a charge of violating this section, the

 

arresting officer shall obtain the person's driving record from the

 

secretary of state and shall furnish the record to the court. The

 

driving record of the person may be obtained from the secretary of

 

state's computer information network.

 

     (16) (15) This section does not apply to a person who operates

 

a vehicle solely for the purpose of protecting human life or

 

property if the life or property is endangered and summoning prompt

 

aid is essential.

 

     (17) (16) A person whose vehicle group designation is

 

suspended or revoked and who has been notified as provided in

 

section 212 of that suspension or revocation, or whose application

 

for a vehicle group designation has been denied as provided in this

 

act, or who has never applied for a vehicle group designation and

 

who operates a commercial motor vehicle within this state, except

 

as permitted under this act, while any of those conditions exist is

 

guilty of a misdemeanor punishable, except as otherwise provided in

 

this section, by imprisonment for not less than 3 days or more than

 

93 days or a fine of not more than $100.00, or both.

 

     (18) (17) If a person has a second or subsequent suspension or

 

revocation under this section within 7 years as indicated on the

 

person's Michigan driving record, the court shall proceed as

 

provided in section 904d.

 

     (19) (18) Any period of suspension or revocation required

 

under subsection (10), (11), or (12) (11), (12), or (13) does not

 

apply to a person who has only 1 currently effective suspension or

 

denial on his or her Michigan driving record under section 321a and

 

was convicted of or received a civil infraction determination for a

 

violation that occurred during that suspension or denial. This

 

subsection may only be applied once during the person's lifetime.

 

     (20) (19) For purposes of this section, a person who never

 

applied for a license includes a person who applied for a license,

 

was denied, and never applied again.

 

     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) 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),

 

904(11), (12), or (12) (13) 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) 904(5) or (5), (6), 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), 904(11), (12),

 

or (12) (13) 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), 904(11), (12),

 

or (12) (13) 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 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) 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) 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) 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 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No. ____ or House Bill No. 5634 (request no.

 

05338'16 a) of the 98th Legislature is enacted into law.