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.