SB-0333, As Passed House, December 6, 2016

 

 

 

 

 

 

 

 

 

 

 

HOUSE SUBSTITUTE FOR

 

SENATE BILL NO. 333

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 319 (MCL 257.319), as amended by 2016 PA 32.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 319. (1) The secretary of state shall immediately suspend

 

a person's license as provided in this section upon on receiving a

 

record of the person's conviction for a crime described in this

 

section, whether the conviction is 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.

 

     (2) The secretary of state shall suspend the person's license

 

for 1 year for any of the following crimes:

 

     (a) Fraudulently altering or forging documents pertaining to

motor vehicles in violation of section 257.

 

     (b) A violation of section 413 of the Michigan penal code,

 

1931 PA 328, MCL 750.413.

 

     (c) A violation of section 1 of former 1931 PA 214, MCL

 

752.191, or former section 626c.

 

     (d) A felony in which a motor vehicle was used. As used in

 

this section, "felony in which a motor vehicle was used" means a

 

felony during the commission of which the person convicted 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:

 

     (i) The vehicle was used as an instrument of the felony.

 

     (ii) The vehicle was used to transport a victim of the felony.

 

     (iii) The vehicle was used to flee the scene of the felony.

 

     (iv) The vehicle was necessary for the commission of the

 

felony.

 

     (e) A violation of section 602a(2) or (3) of this act or

 

section 479a(2) or (3) of the Michigan penal code, 1931 PA 328, MCL

 

750.479a.

 

     (f) Beginning October 31, 2010, a violation of section 601d.

 

     (3) The secretary of state shall suspend the person's license

 

for 90 days for any of the following crimes:

 

     (a) Failing to stop and disclose identity at the scene of an

 

accident resulting in injury in violation of section 617a.

 

     (b) A violation of section 601b(2), section 601c(1), section

 

653a(3), section 626 before October 31, 2010, or, beginning October

 

31, 2010, section 626(2).

     (c) Malicious destruction resulting from the operation of a

 

vehicle under section 382(1)(b), (c), or (d) of the Michigan penal

 

code, 1931 PA 328, MCL 750.382.

 

     (d) A violation of section 703(2) of the Michigan liquor

 

control code of 1998, 1998 PA 58, MCL 436.1703.

 

     (4) The secretary of state shall suspend the person's license

 

for 30 days for malicious destruction resulting from the operation

 

of a vehicle under section 382(1)(a) of the Michigan penal code,

 

1931 PA 328, MCL 750.382.

 

     (5) For perjury or making a false certification to the

 

secretary of state under any law requiring the registration of a

 

motor vehicle or regulating the operation of a vehicle on a

 

highway, or for conduct prohibited under section 324(1) or a local

 

ordinance substantially corresponding to section 324(1), the

 

secretary of state shall suspend the person's license as follows:

 

     (a) If the person has no prior conviction for an offense

 

described in this subsection within 7 years, for 90 days.

 

     (b) If the person has 1 or more prior convictions for an

 

offense described in this subsection within 7 years, for 1 year.

 

     (6) For a violation of section 414 of the Michigan penal code,

 

1931 PA 328, MCL 750.414, the secretary of state shall suspend the

 

person's license as follows:

 

     (a) If the person has no prior conviction for that offense

 

within 7 years, for 90 days.

 

     (b) If the person has 1 or more prior convictions for that

 

offense within 7 years, for 1 year.

 

     (7) For a violation of section 624a or 624b of this act or

section 703(1) of the Michigan liquor control code of 1998, 1998 PA

 

58, MCL 436.1703, the secretary of state shall suspend the person's

 

license as follows:

 

     (a) If Subject to subsection (24), if the person has 1 prior

 

conviction for an offense described in this subsection section 624a

 

or 624b of this act or section 33b(1) of former 1933 (Ex Sess) PA

 

8, for 90 days. The secretary of state may issue the person a

 

restricted license after the first 30 days of suspension.

 

     (b) If Subject to subsection (24), if the person has 2 or more

 

prior convictions for an offense described in this subsection or

 

section 33b(1) of former 1933 (Ex Sess) PA 8, for 1 year. The

 

secretary of state may issue the person a restricted license after

 

the first 60 days of suspension.

 

     (8) The secretary of state shall suspend the person's license

 

for a violation of section 625 or 625m as follows:

 

     (a) For 180 days for a violation of section 625(1) or (8)

 

before October 31, 2010 or, beginning October 31, 2010, section

 

625(1)(a) or (b) or (8) if the person has no prior convictions

 

within 7 years. The secretary of state may issue the person a

 

restricted license during a specified portion of the suspension,

 

except that the secretary of state shall not issue a restricted

 

license during the first 30 days of suspension.

 

     (b) For 90 days for a violation of section 625(3) if the

 

person has no prior convictions within 7 years. However, if the

 

person is convicted of a violation of section 625(3), for operating

 

a vehicle when, due to the consumption of a controlled substance or

 

a combination of alcoholic liquor and a controlled substance, the

person's ability to operate the vehicle was visibly impaired, the

 

secretary of state shall suspend the person's license under this

 

subdivision for 180 days. The secretary of state may issue the

 

person a restricted license during all or a specified portion of

 

the suspension.

 

     (c) For 30 days for a violation of section 625(6) if the

 

person has no prior convictions within 7 years. The secretary of

 

state may issue the person a restricted license during all or a

 

specified portion of the suspension.

 

     (d) For 90 days for a violation of section 625(6) if the

 

person has 1 or more prior convictions for that offense within 7

 

years.

 

     (e) For 180 days for a violation of section 625(7) if the

 

person has no prior convictions within 7 years. The secretary of

 

state may issue the person a restricted license after the first 90

 

days of suspension.

 

     (f) For 90 days for a violation of section 625m if the person

 

has no prior convictions within 7 years. The secretary of state may

 

issue the person a restricted license during all or a specified

 

portion of the suspension.

 

     (g) Beginning October 31, 2010, for 1 year for a violation of

 

section 625(1)(c) if the person has no prior convictions within 7

 

years or not more than 2 convictions within 10 years. The secretary

 

of state may issue the person a restricted license, except that the

 

secretary of state shall not issue a restricted license during the

 

first 45 days of suspension.

 

     (h) Beginning October 31, 2010, the department shall order a

person convicted of violating section 625(1)(c) not to operate a

 

motor vehicle under a restricted license issued under subdivision

 

(g) unless the vehicle is equipped with an ignition interlock

 

device approved, certified, and installed as required under

 

sections 625k and 625l. The ignition interlock device may be

 

removed after the interlock device provider provides the department

 

with verification that the person has operated the vehicle with no

 

instances of reaching or exceeding a blood alcohol level of 0.025

 

grams per 210 liters of breath. This subdivision does not prohibit

 

the removal of the ignition interlock device for any of the

 

following:

 

     (i) A start-up test failure that occurs within the first 2

 

months after installation of the device. As used in this

 

subdivision, "start-up test failure" means that the ignition

 

interlock device has prevented the motor vehicle from being

 

started. Multiple unsuccessful attempts at 1 time to start the

 

vehicle shall be are treated as 1 start-up test failure only under

 

this subparagraph.

 

     (ii) A start-up test failure occurring more than 2 months

 

after installation of the device, if not more than 15 minutes after

 

detecting the start-up test failure the person delivers a breath

 

sample that the ignition interlock device analyzes as having an

 

alcohol level of less than 0.025 grams per 210 liters of breath.

 

     (iii) A retest prompted by the device, if not more than 5

 

minutes after detecting the retest failure the person delivers a

 

breath sample that the ignition interlock device analyzes as having

 

an alcohol level of less than 0.025 grams per 210 liters of breath.

     (i) Beginning October 31, 2010, if an individual violates the

 

conditions of the restricted license issued under subdivision (g)

 

or operates or attempts to operate a motor vehicle with a blood

 

alcohol level of 0.025 grams per 210 liters of breath, the

 

secretary of state shall impose an additional like period of

 

suspension and restriction as prescribed under subdivision (g).

 

This subdivision does not require an additional like period of

 

suspension and restriction for any of the following:

 

     (i) A start-up test failure within the first 2 months after

 

installation of the ignition interlock device. As used in this

 

subdivision, "start-up test failure" means that the ignition

 

interlock device has prevented the motor vehicle from being

 

started. Multiple unsuccessful attempts at 1 time to start the

 

vehicle shall be are treated as 1 start-up test failure only under

 

this subparagraph.

 

     (ii) A start-up test failure occurring more than 2 months

 

after installation of the device, if not more than 15 minutes after

 

detecting the start-up test failure the person delivers a breath

 

sample that the ignition interlock device analyzes as having an

 

alcohol level of less than 0.025 grams per 210 liters of breath.

 

     (iii) Any retest prompted by the device, if not more than 5

 

minutes after detecting the retest failure the person delivers a

 

breath sample that the ignition interlock device analyzes as having

 

an alcohol level of less than 0.025 grams per 210 liters of breath.

 

     (9) For a violation of section 367c of the Michigan penal

 

code, 1931 PA 328, MCL 750.367c, the secretary of state shall

 

suspend the person's license as follows:

     (a) If the person has no prior conviction for an offense

 

described in this subsection within 7 years, for 6 months.

 

     (b) If the person has 1 or more convictions for an offense

 

described in this subsection within 7 years, for 1 year.

 

     (10) For a violation of section 315(4), the secretary of state

 

may suspend the person's license for 6 months.

 

     (11) For a violation or attempted violation of section 411a(2)

 

of the Michigan penal code, 1931 PA 328, MCL 750.411a, involving a

 

school, the secretary of state shall suspend the license of a

 

person 14 years of age or over but less than 21 years of age until

 

3 years after the date of the conviction or juvenile disposition

 

for the violation. The secretary of state may issue the person a

 

restricted license after the first 365 days of suspension.

 

     (12) For a second or subsequent violation of section 701(1) of

 

the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1701,

 

by an individual who is not a retail licensee or a retail

 

licensee's clerk, agent, or employee, the secretary of state shall

 

suspend the person's license for 180 days. The secretary of state

 

may issue a person a restricted license during all or a specified

 

portion of the suspension.

 

     (13) Except as provided in subsection (15), a suspension under

 

this section shall be imposed notwithstanding a court order unless

 

the court order complies with section 323.

 

     (14) If the secretary of state receives records of more than 1

 

conviction of a person resulting from the same incident, a

 

suspension shall be imposed only for the violation to which the

 

longest period of suspension applies under this section.

     (15) The secretary of state may waive a restriction,

 

suspension, or revocation of a person's license imposed under this

 

act if the person submits proof that a court in another state

 

revoked, suspended, or restricted his or her license for a period

 

equal to or greater than the period of a restriction, suspension,

 

or revocation prescribed under this act for the violation and that

 

the revocation, suspension, or restriction was served for the

 

violation, or may grant a restricted license.

 

     (16) 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.

 

     (17) The secretary of state shall not issue a restricted

 

license to a person under subsection (8) that would permit the

 

person to operate a commercial motor vehicle.

 

     (18) Except as provided in subsection (17), a restricted

 

license issued under this section shall permit the person to whom

 

it is issued to take any driving skills test required by the

 

secretary of state and to operate a vehicle under 1 or more of 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.

 

     (viii) An ignition interlock service provider as required.

 

     (19) 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.

 

     (20) Subject to subsection (22), as used in subsection (8),

 

"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:

 

     (a) Except as provided in subsection (21), a violation or

 

attempted violation of any of the following:

 

     (i) 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) Section 625m.

 

     (iii) Former section 625b.

     (b) Negligent homicide, manslaughter, or murder resulting from

 

the operation of a vehicle or an attempt to commit any of those

 

crimes.

 

     (c) Beginning October 31, 2010, a violation of section 601d or

 

section 626(3) or (4).

 

     (21) Except for purposes of the suspensions described in

 

subsection (8)(c) and (d), 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.

 

     (22) If 2 or more convictions described in subsection (20) are

 

convictions for violations arising out of the same transaction,

 

only 1 conviction shall be used to determine whether the person has

 

a prior conviction.

 

     (23) Any period of suspension or restriction required under

 

this section is not subject to appeal to the secretary of state.

 

     (24) For purposes of subsection (7), "prior conviction" means

 

either a misdemeanor conviction or a civil infraction determination

 

for a violation of section 703(1) of the liquor control code of

 

1998, 1998 PA 58, MCL 436.1703.

 

     Enacting section 1. This amendatory act takes effect January

 

1, 2018.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No. 332 of the 98th Legislature is enacted into

 

law.