Bill Text: MI HB5851 | 2019-2020 | 100th Legislature | Engrossed
Bill Title: Traffic control: driver license; suspension and revocation of driver license as sanction for certain controlled substances offenses; eliminate. Amends sec. 7408a of 1978 PA 368 (MCL 333.7408a).
Spectrum: Moderate Partisan Bill (Democrat 29-5)
Status: (Passed) 2020-12-31 - Assigned Pa 380'20 [HB5851 Detail]
Download: Michigan-2019-HB5851-Engrossed.html
HOUSE BILL NO. 5851
June 11, 2020, Introduced by Reps. Yancey,
Gay-Dagnogo, Stone, Lasinski, Bolden, Hood, Brenda Carter, Tyrone Carter,
Hope, Whitsett, Sneller, Sabo, Warren, Sowerby, Cambensy, Clemente, Cherry,
Manoogian, Kuppa, Hoadley, Guerra, Brann, O'Malley, Kahle, Wozniak, Brixie,
Peterson, Meerman, Ellison, Wittenberg, Hammoud, Kennedy, Chirkun and
Cynthia Johnson and referred to the Committee on Judiciary.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 7408a (MCL 333.7408a), as amended by 2012 PA 501.
the people of the state of michigan enact:
Sec. 7408a. (1) As part of the sentence or juvenile
disposition for an attempt to violate, a conspiracy to violate, or a violation
of this part or of a local ordinance that prohibits conduct prohibited under
this part, the court shall consider all prior convictions currently entered
upon the criminal history record and Michigan driving record of the person,
except those convictions which, upon motion of the defendant, are determined by
the court to be constitutionally invalid, and, subject to subsection (11),
shall impose the following licensing sanctions in addition to any other penalty
or sanction imposed for the violation:
(a)
If the court finds that the person does not have a prior conviction within 7
years of the violation, the court shall order the secretary of state to suspend
the operator's or chauffeur's license of the person for 6 months. If the court
finds compelling circumstances under subsection (8) sufficient to warrant the
issuance of a restricted license, the court may order the secretary of state to
issue to the person a restricted license during all or a specified portion of
the period of suspension, except that a restricted license shall not be issued
during the first 30 days of the period of suspension.
(b)
If the court finds that the person has 1 or more prior convictions within 7
years of the violation, the court shall order the secretary of state to suspend
the operator's or chauffeur's license of the person for 1 year. If the court
finds compelling circumstances under subsection (8) sufficient to warrant the
issuance of a restricted license, the court may order the secretary of state to
issue to the person a restricted license during all or any portion of the
period of suspension, except that a restricted license shall not be issued
during the first 60 days of the period of suspension.
(2)
The person whose operator's or chauffeur's license is ordered suspended under
this section shall immediately surrender his or her operator's or chauffeur's
license to the court. The court shall immediately destroy the license and
forward an abstract of conviction with court-ordered license sanctions to the
secretary of state. Upon receipt of, and pursuant to, the abstract of
conviction with court-ordered license sanctions, the secretary of state shall
suspend the person's license and, if ordered by the court and if the person is
otherwise eligible for a license, issue to the person a restricted license
stating the limited driving privileges indicated on the abstract. If the
judgment is appealed to circuit court, the court may, ex parte, order the secretary
of state to stay the suspension or license restriction issued under this
section pending the outcome of the appeal.
(1)
(3) Except as
otherwise provided in subsection (5),
(3), before imposing sentence or
entering a juvenile disposition , other than court-ordered license sanctions
under this section, for an attempt to violate, a conspiracy to
violate, or a violation of this part or of a local ordinance that prohibits
conduct prohibited under this part, the court may order the person to undergo
screening and assessment by a person or agency as designated by a
department-designated community mental health entity or a community mental
health services program under the mental health code, 1974 PA 258, MCL 330.1001
to 330.2106, to determine whether the person is likely to benefit from
rehabilitative services, including alcohol or drug education and alcohol or
drug treatment programs. The person shall pay for the costs of the screening
and assessment services.
(2)
(4) Except as
otherwise provided in subsection (5),
(3), as part of the sentence or
juvenile disposition for an attempt to violate, a conspiracy to violate, or a
violation of this part or of a local ordinance that prohibits conduct
prohibited under this part, the court may order the person to do 1 or both of
the following:
(a) Perform service to the community for not more than 90
days. A person ordered to perform service to the community under this
subdivision shall not receive compensation, and shall reimburse the state or
appropriate local unit of government for the cost of supervision incurred by
the state or local unit of government as a result of the person's activities in
that service.
(b) Participate in and successfully complete 1 or more
appropriate rehabilitative programs. The person shall pay for the costs of the
rehabilitative services.
(3)
(5) Subsections (3) and (4) (1) and (2) do not apply to a person who is not
eligible for probation under chapter XI of the code of criminal procedure, 1927
PA 175, MCL 777.1 to 777.14a.771.1 to 771.14a.
(6)
A restricted license issued in compliance with an order under this section
shall permit the person to whom it is issued to drive under the following
circumstances:
(a)
In the course of the person's employment or occupation.
(b)
To and from any combination of the following:
(i) The person's
residence.
(ii) The person's work location.
(iii) An alcohol or drug education or
treatment program as ordered by the court.
(iv) The court probation department.
(v) A court-ordered community service
program.
(vi) An educational institution at which the
person is enrolled as a student.
(vii) A place of regularly occurring medical
treatment for a serious condition for the person or a member of the person's
household or immediate family.
(7) The court shall not order the secretary of state under
this section to issue a restricted license that would permit a person to
operate a commercial motor vehicle that hauls hazardous material.
(8) The court shall not order the secretary of state under
this section to issue a restricted license unless the person states under oath,
and the court finds by testimony taken in open court or by statements contained
in a sworn affidavit on a form prescribed by the state court administrator,
that both of the following apply:
(a) The person needs vehicular transportation to and from his
or her work location, place of alcohol or drug education treatment, court
probation department, court-ordered community service program, or educational
institution, or in the course of the person's employment or occupation.
(b) The person is unable to take public transportation and
does not have any family members or other individual able to provide
transportation to a destination or for a purpose described in subdivision (a).
(9) Regardless of a court order issued under this section,
the secretary of state shall not issue a restricted license to a person whose
license is suspended under this section unless a restricted license is
authorized under this section and the person is otherwise eligible for a
license.
(10) While driving, 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.
(11) A court shall not order the suspension of a person's
license if the person is sentenced to life imprisonment or to a minimum term of
imprisonment that exceeds 1 year for an attempt to violate, a conspiracy to
violate, or a violation of this part.
(12) The court shall do both of the following:
(a) Transmit a record of each order issued under this section
to the secretary of state.
(b) Forward to the department of state police, on a form or
forms prescribed by the state court administrator, a record that specifies the
penalties imposed by the court for an offense described in subsection (1),
including a licensing sanction ordered under this section and a term of
imprisonment imposed for the offense.
(13) Except as otherwise provided by law, a record described
in subsection (12) is a public record, and the department of state police shall
retain the information contained in that record for not less than 7 years.
(4) (14) As used in
this section:
(a) "Commercial motor vehicle" means that term as
defined in section 7a of the Michigan vehicle code, 1949 PA 300, MCL 257.7a.
(b) "Conviction" means a final conviction, a plea
of guilty or nolo contendere if accepted by the court, a finding of guilt, a
probate court disposition, or a juvenile adjudication, for a criminal law
violation, regardless of whether the penalty is rebated or suspended.
(c) "Hazardous material" means that term as defined
in section 19b of the Michigan vehicle code, 1949 PA 300, MCL 257.19b.
(a) (d) "Juvenile
disposition" means either of the following:
(i) A finding of juvenile delinquency under 18 USC 5031 to 5042.5043.
(ii) The entry of a judgment or order of disposition by a court
of another state that states or is based upon on a finding that a juvenile violated a law of another
state that would have been a criminal offense if committed by an adult in that
state.
(b) (e) "Law
of another state" means a law or ordinance enacted by another state or by
a local unit of government in another state.
(f) "Prior conviction" means either of the
following:
(i) A conviction for an attempt to violate,
a conspiracy to violate, or a violation of this part or former section 17766a,
a local ordinance that prohibits conduct prohibited under this part or former
section 17766a, or a law of another state that prohibits conduct prohibited
under this part or former section 17766a.
(ii) A conviction for an attempt to violate,
a conspiracy to violate, or a violation of the controlled substances act, 21
USC 801 to 971.
(g) "Probate court disposition" means the entry of
a probate court order of disposition for a child found to be within the
provisions of chapter XIIA of the probate code of 1939, 1939 PA 288, MCL 712A.1
to 712A.32.
(h) "Work location" means, as applicable, either
the specific place or places of employment, or the territory or territories
regularly visited by the person in pursuance of the person's occupation, or
both.
Enacting section
1. This amendatory act does not take effect unless both of the following occur:
(a) Senate Concurrent Resolution No. _______ or House Concurrent
Resolution No. _______ of the 100th Legislature expressing their opposition to
the enactment or enforcement of this federal mandate in accordance with 23 USC
159 is approved on a record roll call vote by a majority of the members elected
and serving in each house of the legislature.
(b) The governor submits a certification to the United States
Secretary of Transportation stating both of the following:
(i) The governor is
opposed to the enactment or enforcement of a law requiring driver license
suspension for drug offenses as set forth in 23 USC 159(a)(3)(A).
(ii) Both houses of
the legislature have adopted a concurrent resolution expressing their
opposition to the enactment or enforcement of this federal mandate in
accordance with 23 USC 159.
