Bill Text: MI SB0080 | 2017-2018 | 99th Legislature | Engrossed

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Bill Title: Traffic control; accidents; samples used for chemical analysis; expand to include urine, and expand implied consent under certain circumstances. Amends secs. 625a & 625c of 1949 PA 300 (MCL 257.625a & 257.625c).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Engrossed - Dead) 2017-02-28 - Referred To Committee On Judiciary [SB0080 Detail]

Download: Michigan-2017-SB0080-Engrossed.html

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SB-0080, As Passed Senate, February 28, 2017

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SENATE BILL No. 80

 

 

February 1, 2017, Introduced by Senators SCHMIDT, NOFS, MARLEAU, JONES, HANSEN and PROOS and referred to the Committee on Judiciary.

 

 

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending sections 625a and 625c (MCL 257.625a and 257.625c),

 

section 625a as amended by 2015 PA 11 and section 625c as amended

 

by 2014 PA 315.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 625a. (1) A peace officer may arrest a person without a

 

warrant under either of the following circumstances:

 

     (a) The peace officer has reasonable cause to believe the

 

person was, at the time of an accident in this state, the operator

 

of a vehicle involved in the accident and was operating the vehicle

 

in violation of section 625 or a local ordinance substantially

corresponding to section 625.

 

     (b) The person is found in the driver's seat of a vehicle

 

parked or stopped on a highway or street within this state if any

 

part of the vehicle intrudes into the roadway and the peace officer

 

has reasonable cause to believe the person was operating the

 

vehicle in violation of section 625 or a local ordinance

 

substantially corresponding to section 625.

 

     (2) A peace officer who has reasonable cause to believe that a

 

person was operating a vehicle upon a public highway or other place

 

open to the public or generally accessible to motor vehicles,

 

including an area designated for the parking of vehicles, within

 

this state and that the person by the consumption of alcoholic

 

liquor, a controlled substance, or other intoxicating substance or

 

a combination of them may have affected his or her ability to

 

operate a vehicle, or reasonable cause to believe that a person was

 

operating a commercial motor vehicle within the state while the

 

person's blood, breath, or urine contained any measurable amount of

 

alcohol, a controlled substance, or any other intoxicating

 

substance or while the person had any detectable presence of

 

alcoholic liquor, a controlled substance or any other intoxicating

 

substance, or any combination of them, or reasonable cause to

 

believe that a person who is less than 21 years of age was

 

operating a vehicle upon a public highway or other place open to

 

the public or generally accessible to motor vehicles, including an

 

area designated for the parking of vehicles, within this state

 

while the person had any bodily alcohol content as that term is

 

defined in section 625(6), may require the person to submit to a

preliminary chemical breath analysis. The following provisions

 

apply with respect to a preliminary chemical breath analysis

 

administered under this subsection:

 

     (a) A peace officer may arrest a person based in whole or in

 

part upon the results of a preliminary chemical breath analysis.

 

     (b) The results of a preliminary chemical breath analysis are

 

admissible in a criminal prosecution for a crime enumerated in

 

section 625c(1) or in an administrative hearing for 1 or more of

 

the following purposes:

 

     (i) To assist the court or hearing officer in determining a

 

challenge to the validity of an arrest. This subparagraph does not

 

limit the introduction of other competent evidence offered to

 

establish the validity of an arrest.

 

     (ii) As evidence of the defendant's breath alcohol content, if

 

offered by the defendant to rebut testimony elicited on cross-

 

examination of a defense witness that the defendant's breath

 

alcohol content was higher at the time of the charged offense than

 

when a chemical test was administered under subsection (6).

 

     (iii) As evidence of the defendant's breath alcohol content,

 

if offered by the prosecution to rebut testimony elicited on cross-

 

examination of a prosecution witness that the defendant's breath

 

alcohol content was lower at the time of the charged offense than

 

when a chemical test was administered under subsection (6).

 

     (c) A person who submits to a preliminary chemical breath

 

analysis remains subject to the requirements of sections 625c,

 

625d, 625e, and 625f for purposes of chemical tests described in

 

those sections.

     (d) Except as provided in subsection (5), a person who refuses

 

to submit to a preliminary chemical breath analysis upon a lawful

 

request by a peace officer is responsible for a civil infraction.

 

     (3) A peace officer shall use the results of a preliminary

 

chemical breath analysis conducted under this section to determine

 

whether to order a person out-of-service under section 319d. A

 

peace officer shall order out-of-service as required under section

 

319d a person who was operating a commercial motor vehicle and who

 

refuses to submit to a preliminary chemical breath analysis as

 

provided in this section. This section does not limit use of other

 

competent evidence by the peace officer to determine whether to

 

order a person out-of-service under section 319d.

 

     (4) A person who was operating a commercial motor vehicle and

 

who is requested to submit to a preliminary chemical breath

 

analysis under this section shall be advised that refusing a peace

 

officer's request to take a test described in this section is a

 

misdemeanor punishable by imprisonment for not more than 93 days or

 

a fine of not more than $100.00, or both, and will result in the

 

issuance of a 24-hour out-of-service order.

 

     (5) A person who was operating a commercial motor vehicle and

 

who refuses to submit to a preliminary chemical breath analysis

 

upon a peace officer's lawful request is guilty of a misdemeanor

 

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

 

not more than $100.00, or both.

 

     (6) The following provisions apply with respect to chemical

 

tests and analysis of a person's blood, urine, or breath, other

 

than a preliminary chemical breath analysis:

     (a) The amount of alcohol or presence of a controlled

 

substance or other intoxicating substance in a driver's blood or

 

urine or the amount of alcohol in a person's breath at the time

 

alleged as shown by chemical analysis of the person's blood, urine,

 

or breath is admissible into evidence in any civil or criminal

 

proceeding and is presumed to be the same as at the time the person

 

operated the vehicle.

 

     (b) A person arrested for a crime described in section 625c(1)

 

shall be advised of all of the following:

 

     (i) If he or she takes a chemical test of his or her blood,

 

urine, or breath administered at the request of a peace officer, he

 

or she has the right to demand that a person of his or her own

 

choosing administer 1 of the chemical tests.

 

     (ii) The results of the test are admissible in a judicial

 

proceeding as provided under this act and will be considered with

 

other admissible evidence in determining the defendant's innocence

 

or guilt.

 

     (iii) He or she is responsible for obtaining a chemical

 

analysis of a test sample obtained at his or her own request.

 

     (iv) If he or she refuses the request of a peace officer to

 

take a test described in subparagraph (i), a test shall not be

 

given without a court order, but the peace officer may seek to

 

obtain a court order.

 

     (v) Refusing a peace officer's request to take a test

 

described in subparagraph (i) will result in the suspension of his

 

or her operator's or chauffeur's license and vehicle group

 

designation or operating privilege and in the addition of 6 points

to his or her driver record.

 

     (c) A sample or specimen of urine or breath shall be taken and

 

collected in a reasonable manner. Only a licensed physician, or an

 

individual operating under the delegation of a licensed physician

 

under section 16215 of the public health code, 1978 PA 368, MCL

 

333.16215, qualified to withdraw blood and acting in a medical

 

environment, may withdraw blood at a peace officer's request to

 

determine the amount of alcohol or presence of a controlled

 

substance or other intoxicating substance in the person's blood, as

 

provided in this subsection. Liability for a crime or civil damages

 

predicated on the act of withdrawing or analyzing blood and related

 

procedures does not attach to a licensed physician or individual

 

operating under the delegation of a licensed physician who

 

withdraws or analyzes blood or assists in the withdrawal or

 

analysis in accordance with this act unless the withdrawal or

 

analysis is performed in a negligent manner.

 

     (d) A chemical test described in this subsection shall be

 

administered at the request of a peace officer having reasonable

 

grounds to believe the person has committed a crime described in

 

section 625c(1). A person who takes a chemical test administered at

 

a peace officer's request as provided in this section shall be

 

given a reasonable opportunity to have a person of his or her own

 

choosing administer 1 of the chemical tests described in this

 

subsection within a reasonable time after his or her detention. The

 

test results are admissible and shall be considered with other

 

admissible evidence in determining the defendant's innocence or

 

guilt. If the person charged is administered a chemical test by a

person of his or her own choosing, the person charged is

 

responsible for obtaining a chemical analysis of the test sample.

 

     (e) If, after an accident, the driver of a vehicle involved in

 

the accident is transported to a medical facility and a sample of

 

the driver's blood is withdrawn or the driver's urine is obtained

 

at that time for medical treatment, the results of a chemical

 

analysis of that sample either or both of those samples are

 

admissible in any civil or criminal proceeding to show the amount

 

of alcohol or presence of a controlled substance or other

 

intoxicating substance in the person's blood or urine at the time

 

alleged, regardless of whether the person had been offered or had

 

refused a chemical test. The medical facility or person performing

 

the chemical analysis shall disclose the results of the analysis to

 

a prosecuting attorney who requests the results for use in a

 

criminal prosecution as provided in this subdivision. A medical

 

facility or person disclosing information in compliance with this

 

subsection is not civilly or criminally liable for making the

 

disclosure.

 

     (f) If, after an accident, the driver of a vehicle involved in

 

the accident is deceased, a sample of the decedent's blood shall be

 

withdrawn in a manner directed by the medical examiner law

 

enforcement officer to determine the amount of alcohol or the

 

presence of a controlled substance or other intoxicating substance,

 

or any combination of them, in the decedent's blood. The medical

 

examiner shall give the results of the chemical analysis of the

 

sample to the law enforcement agency investigating the accident and

 

that agency shall forward the results to the department of state

police.

 

     (g) The department of state police shall promulgate uniform

 

rules in compliance with the administrative procedures act of 1969,

 

1969 PA 306, MCL 24.201 to 24.328, for the administration of

 

chemical tests for the purposes of this section. An instrument used

 

for a preliminary chemical breath analysis may be used for a

 

chemical test described in this subsection if approved under rules

 

promulgated by the department of state police.

 

     (7) The provisions of subsection (6) relating to chemical

 

testing do not limit the introduction of any other admissible

 

evidence bearing upon any of the following questions:

 

     (a) Whether the person was impaired by, or under the influence

 

of, alcoholic liquor, a controlled substance or other intoxicating

 

substance, or a combination of alcoholic liquor, a controlled

 

substance, or other intoxicating substance.

 

     (b) Whether the person had an alcohol content of 0.08 grams or

 

more per 100 milliliters of blood, per 210 liters of breath, or per

 

67 milliliters of urine or, beginning October 1, 2018, the person

 

had an alcohol content of 0.10 grams or more per 100 milliliters of

 

blood, per 210 liters of breath, or per 67 milliliters of urine.

 

     (c) If the person is less than 21 years of age, whether the

 

person had any bodily alcohol content within his or her body. As

 

used in this subdivision, "any bodily alcohol content" means either

 

of the following:

 

     (i) An alcohol content of 0.02 grams or more but less than

 

0.08 grams per 100 milliliters of blood, per 210 liters of breath,

 

or per 67 milliliters of urine or, beginning October 1, 2018, the

person had an alcohol content of 0.02 grams or more but less than

 

0.10 grams or more per 100 milliliters of blood, per 210 liters of

 

breath, or per 67 milliliters of urine.

 

     (ii) Any presence of alcohol within a person's body resulting

 

from the consumption of alcoholic liquor, other than the

 

consumption of alcoholic liquor as a part of a generally recognized

 

religious service or ceremony.

 

     (8) If a chemical test described in subsection (6) is

 

administered, the test results shall be made available to the

 

person charged or the person's attorney upon written request to the

 

prosecution, with a copy of the request filed with the court. The

 

prosecution shall furnish the results at least 2 days before the

 

day of the trial. The prosecution shall offer the test results as

 

evidence in that trial. Failure to fully comply with the request

 

bars the admission of the results into evidence by the prosecution.

 

     (9) A person's refusal to submit to a chemical test as

 

provided in subsection (6) is admissible in a criminal prosecution

 

for a crime described in section 625c(1) only to show that a test

 

was offered to the defendant, but not as evidence in determining

 

the defendant's innocence or guilt. The jury shall be instructed

 

accordingly.

 

     (10) As used in this section:

 

     (a) "Controlled substance" means that term as defined in

 

section 7104 of the public health code, 1978 PA 368, MCL 333.7104.

 

     (b) "Intoxicating substance" means that term as defined in

 

section 625.

 

     Sec. 625c. (1) A person who operates a vehicle upon a public

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 is considered to have given

 

consent to chemical tests of his or her blood, breath, or urine for

 

the purpose of determining the amount of alcohol or presence of a

 

controlled substance or other intoxicating substance, or any

 

combination of them, in his or her blood or urine or the amount of

 

alcohol in his or her breath in all of the following circumstances:

 

     (a) If the person is arrested for a violation of section

 

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

 

section 625m or a local ordinance substantially corresponding to

 

section 625(1), (3), (6), or (8), section 625a(5), or section 625m.

 

     (b) If the person is arrested for a violation of section 601d,

 

section 626(3) or (4), or manslaughter, or murder resulting from

 

the operation of a motor vehicle, and the peace officer had

 

reasonable grounds to believe the person was operating the vehicle

 

in violation of section 625.

 

     (c) If the peace officer has reasonable cause to believe that

 

the person was the operator of a vehicle that caused a fatal

 

accident. As used in this subdivision, "fatal accident" means an

 

accident that involves at least 1 vehicle and that results in 1 of

 

the following:

 

     (i) Death.

 

     (ii) Serious bodily injury that gives the peace officer reason

 

to believe that the death of at least 1 person is imminent.

 

     (2) The results of a chemical test for which a person is

 

considered to have given consent under subsection (1)(c) are

admissible in a criminal prosecution for a crime described in

 

subsection (1) if the court determines that reasonable cause

 

exists, independent of the test result, to believe that the person

 

was impaired by or under the influence of alcoholic liquor, a

 

controlled substance or other intoxicating substance, or a

 

combination of alcoholic liquor, a controlled substance, or other

 

intoxicating substance.

 

     (3) (2) A person who is afflicted with hemophilia, diabetes,

 

or a condition requiring the use of an anticoagulant under the

 

direction of a physician is not considered to have given consent to

 

the withdrawal of blood.

 

     (4) (3) The tests shall be administered as provided in section

 

625a(6).

 

     (5) (4) As used in this section:

 

     (a) "Controlled substance" means that term as defined in

 

section 7104 of the public health code, 1978 PA 368, MCL 333.7104.

 

     (b) "Intoxicating substance" means that term as defined in

 

section 625.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.