Bill Text: MI HB6012 | 2017-2018 | 99th Legislature | Introduced
Bill Title: Traffic control; driver license; procedure when nonresident motorist does not comply with a traffic citation in this state; modify. Amends secs. 317, 318 & 749 of 1949 PA 300 (MCL 257.317 et seq.).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-12-31 - Assigned Pa 566'18 With Immediate Effect [HB6012 Detail]
Download: Michigan-2017-HB6012-Introduced.html
HOUSE BILL No. 6012
May 16, 2018, Introduced by Reps. Johnson and Noble and referred to the Committee on Transportation and Infrastructure.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 317, 318, and 749 (MCL 257.317, 257.318, and
257.749), section 317 as amended by 2004 PA 362 and sections 318
and 749 as amended by 2008 PA 7.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 317. (1) The secretary of state may suspend, deny, or
revoke the right of a nonresident to operate a motor vehicle in
this state for a cause for which the license of a resident driver
may be suspended, denied, or revoked. A nonresident who drives a
motor vehicle upon a highway when the privilege to drive has been
suspended, revoked, or denied by the secretary of state is guilty
of a misdemeanor punishable as provided in section 904.
(2) The secretary of state, upon receiving a record of a
violation of section 321a(1) by a nonresident in this state, shall
notify the motor vehicle administration or other appropriate
officer of the state where the nonresident is licensed of that
violation. The notification required under this subsection shall be
given no later than 6 months after the date the citation was issued
to the nonresident. This subsection does not apply unless the
governor of this state has entered into an interstate compact
requiring the notification described in this subsection.
(3) (2)
The secretary of state, upon
receiving a record of the
conviction, civil infraction determination, suspension, revocation,
or forfeiture of bail in this state of a nonresident of a violation
the record of which is required to be maintained under section
204a, shall forward a certified copy of the record to the motor
vehicle administrator or other appropriate officer in the state in
which the person is a resident.
(4) (3)
Beginning October 1, 2005, within 30 Within 10 days
after an appeal is completed or the appeal period has expired if an
appeal is not made in a conviction, civil infraction determination,
or bond forfeiture entered against a nonresident in this state for
a violation committed while operating a commercial motor vehicle or
any violation for a commercial driver license holder regardless of
vehicle type, except a parking violation, the secretary of state
shall notify the motor vehicle administration or other appropriate
officer of the state where the nonresident is licensed of that
conviction,
determination, or forfeiture. Beginning October 1,
2008,
the secretary of state must give notice under this subsection
within
10 days after an appeal is completed or the appeal period
has
expired if an appeal is not made.
(5) (4)
If the secretary of state suspends,
revokes, cancels,
or denies the driving privileges of a nonresident for 60 days or
more and that nonresident is licensed by another state to operate a
commercial motor vehicle, the secretary of state shall, within 10
days after the effective date of the suspension, revocation,
cancellation, or denial, forward a notification about that
suspension, revocation, cancellation, or denial to the motor
vehicle administrator or other appropriate officer of the state
where the nonresident is licensed to operate a motor vehicle. A
notice given under this subsection must include both the denial, if
any, and the violation that caused the suspension, revocation,
cancellation, or denial of the nonresident's driving privileges.
Sec. 318. (1) The secretary of state may suspend or revoke the
license issued under this act upon receiving notice of the
conviction of that person in another state of an offense in that
state, or the determination of responsibility of that person in an
administrative adjudication in another state for a violation in
that state which, if committed in this state, would be grounds for
the suspension or revocation of the license of an operator or
chauffeur.
(2) The secretary of state shall suspend a license issued
under this act upon receiving notice of the license holder's
failure to comply with a citation issued by another state until the
secretary of state receives satisfactory evidence of compliance
from the other state. This subsection does not apply unless the
governor of this state has entered into an interstate compact
requiring the suspension described in this subsection.
Sec. 749. (1) When a nonresident is stopped under section 742
for a civil infraction, the police officer making the stop shall
take
that person's operator's license or chauffeur's license as
security
for the nonresident's appearance in court and satisfaction
of
any order that may be issued under section 907 and shall issue
to
that person a citation as provided in sections 727c and 742. At
or
before the completion of his or her tour of duty, a police
officer
taking the operator's license or chauffeur's license shall
deliver
that license either to the court named in the citation or
to
the police chief or person authorized by the police chief to
receive
citations and operator's licenses and chauffeur's licenses.
The
police chief or person authorized shall deposit the license and
citation
with the court in the same manner as prescribed for
citations
in section 728a. Failure to deliver the license shall be
considered
contempt of court. If the person does not have an
operator's
license or a chauffeur's license in immediate possession
in
violation of section 301 or a license or the receipt described
in
section 311a in violation of section 311, the officer shall
arrest
that person under section 727(d).
(2)
In lieu of the officer's taking of the license under
subsection
(1) or before appearance in court, the person stopped
may
recognize to the The officer or to the court for shall release
the
nonresident upon his or her appearance
by leaving with the
officer
or court a guaranteed appearance certificate or a sum of
money
not to exceed $100.00.personal
recognizance.
(3) If a magistrate is available for an immediate appearance,
upon demand of the person stopped, the officer immediately shall
take the nonresident driver before the magistrate to answer to the
civil
infraction alleged. Upon entry of an admission of
responsibility
for the civil infraction, with or without
explanation,
or upon completion of an informal hearing, the
defendant's
license shall be returned if judgment is entered for
the
defendant, if any adverse judgment entered against the
defendant
is satisfied, or if the defendant leaves with the court a
guaranteed
appearance certificate or a sum of money not to exceed
$100.00
as security for payment of any fines or costs ordered. If
the nonresident defendant requests a formal hearing, the hearing
shall
be scheduled as provided in section 747. but the defendant's
license
shall be retained by the court until final resolution of
the
matter unless the defendant leaves with the court the
guaranteed
appearance certificate or deposit as provided in
subsection
(2) as security for appearance at the scheduled formal
hearing.
(4)
The officer receiving a guaranteed appearance certificate
or
deposit of money under subsection (2) shall give a receipt to
the
person stopped for the guaranteed appearance certificate or the
money
deposited together with the written citation required under
subsection
(1).
(5)
At or before the completion of his or her tour of duty a
police
officer taking a certificate or deposit of money shall
deliver
the certificate or deposit of money and the citation either
to
the court named in the citation, or to the police chief or
person
authorized by the police chief to receive certificates or
deposits.
The police chief or person authorized shall deposit the
certificate
or the money deposited and the citation with the court
in
the same manner as prescribed for citations in section 728a.
Failure
to deliver the money deposited shall be embezzlement of
public
money.
(4) (6)
If the person who posts a
certificate or deposit is
released upon his or her personal recognizance as provided in
subsection (2) fails to appear as required in the citation or for a
scheduled formal hearing, the court having jurisdiction and venue
over the civil infraction shall enter a default judgment against
the
person. , and the guaranteed appearance certificate or money
deposited
shall be forfeited and applied to any civil fine or costs
ordered
under section 907.
(7)
For purposes of this section, "guaranteed appearance
certificate"
means a card or certificate containing a printed
statement
that a surety company authorized to do business in this
state
guarantees the appearance of the person whose signature
appears
on the card or certificate, and that the company, if the
person
fails to appear in court at the time of a scheduled informal
or
formal hearing or to pay any fine or costs imposed under section
907,
will pay any fine, costs, or bond forfeiture imposed on the
person
in a total amount not to exceed $200.00.
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 House Bill No. 5542 of the 99th Legislature is enacted into
law.
