Bill Text: MI SB0330 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Traffic control; violations; crime of operation of vehicle causing death while holding a suspended or revoked license or registration; expand to include individuals whose licenses or registrations were suspended or revoked by other states. Amends sec. 904 of 1949 PA 300 (MCL 257.904).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-09-05 - Assigned Pa 0212'18 With Immediate Effect [SB0330 Detail]
Download: Michigan-2017-SB0330-Engrossed.html
SB-0330, As Passed Senate, May 23, 2018
SUBSTITUTE FOR
SENATE BILL NO. 330
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 904 (MCL 257.904), as amended by 2015 PA 11.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
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 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) or a person whose operator's or chauffeur's license
or registration certificate has been suspended or revoked by
another state who operates a motor vehicle during the period of
suspension or revocation 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.
(5) A person who operates a motor vehicle in violation of
subsection (1) or a person whose operator's or chauffeur's license
or registration certificate has been suspended or revoked by
another state who operates a motor vehicle during the period of
suspension or revocation 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.
(6) In addition to being subject to any other penalty provided
for in this act, if a person is convicted under subsection (4) or
(5), 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.
(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 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 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.
(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.
(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.
(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.
(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.
(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.
(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).
(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.
(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.
(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.
(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.
(18) Any period of suspension or revocation required under
subsection (10), (11), or (12) 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.
(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.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
