Bill Text: MI SB0756 | 2011-2012 | 96th Legislature | Engrossed
Bill Title: Traffic control; driver license; individuals with level 2 graduated driver license using cell phone while operating a vehicle; prohibit. Amends secs. 320a & 732 of 1949 PA 300 (MCL 257.320a & 257.732) & adds sec. 602c.
Spectrum: Partisan Bill (Republican 6-0)
Status: (Passed) 2012-12-31 - Assigned Pa 0592'12 [SB0756 Detail]
Download: Michigan-2011-SB0756-Engrossed.html
SB-0756, As Passed Senate, March 15, 2012
SUBSTITUTE FOR
SENATE BILL NO. 756
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 320a and 732 (MCL 257.320a and 257.732), as
amended by 2011 PA 159, and by adding section 602c.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 320a. (1) Within 5 days after receipt of a properly
2 prepared abstract from a court of this state or another state,
3 the secretary of state shall record the date of conviction, civil
4 infraction determination, or probate court disposition, and the
5 number of points for each, based on the following formula, except
6 as otherwise provided in this section and section 629c:
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7 |
(a) Manslaughter, negligent homicide, or a |
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8 |
felony resulting from the operation of a motor |
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1 |
vehicle, ORV, or snowmobile............................6 points |
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2 |
(b) A violation of section 601b(2) or (3), |
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3 |
601c(1) or (2), or 653a(3) or (4) or, beginning |
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4 |
October 31, 2010, a violation of section 601d..........6 points |
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5 |
(c) A violation of section 625(1), (4), (5), |
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6 |
(7), or (8), section 81134 or 82127(1) of the |
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7 |
natural resources and environmental protection act, |
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8 |
1994 PA 451, MCL 324.81134 and 324.82127, or a law or |
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9 |
ordinance substantially corresponding to section |
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10 |
625(1), (4), (5), (7), or (8), or section 81134 |
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11 |
or 82127(1) of the natural resources and |
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12 |
environmental protection act, 1994 PA 451, |
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13 |
MCL 324.81134 and 324.82127............................6 points |
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14 |
(d) Failing to stop and disclose identity |
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15 |
at the scene of an accident when required by law.......6 points |
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16 |
(e) Operating a motor vehicle in violation |
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17 |
of section 626.........................................6 points |
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18 |
(f) Fleeing or eluding an officer.................6 points |
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19 |
(g) A violation of section 627(9) pertaining |
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20 |
to speed in a work zone described in that section |
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21 |
by exceeding the lawful maximum by more than |
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22 |
15 miles per hour......................................5 points |
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23 |
(h) A violation of any law other than the |
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24 |
law described in subdivision (g) or ordinance |
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25 |
pertaining to speed by exceeding the lawful |
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26 |
maximum by more than 15 miles per hour.................4 points |
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27 |
(i) A violation of section 625(3) or (6), |
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28 |
section 81135 or 82127(3) of the natural |
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29 |
resources and environmental protection act, |
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30 |
1994 PA 451, MCL 324.81135 and 324.82127, |
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31 |
or a law or ordinance substantially corresponding |
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1 |
to section 625(3) or (6) or section 81135 |
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2 |
or 82127(3) of the natural resources and |
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3 |
environmental protection act, 1994 PA 451, |
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4 |
MCL 324.81135 and 324.82127............................4 points |
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5 |
(j) A violation of section 626a or a law |
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6 |
or ordinance substantially corresponding to |
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7 |
section 626a...........................................4 points |
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8 |
(k) A violation of section 653a(2)................4 points |
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9 |
(l) A violation of section 627(9) pertaining |
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10 |
to speed in a work zone described in that section |
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11 |
by exceeding the lawful maximum by more than 10 |
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12 |
but not more than 15 miles per hour....................4 points |
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13 |
(m) Beginning October 31, 2010, a |
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14 |
moving violation resulting in an at-fault |
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15 |
collision with another vehicle, a person, |
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16 |
or any other object....................................4 points |
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17 |
(n) A violation of any law other than the |
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18 |
law described in subdivision (l) or ordinance |
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19 |
pertaining to speed by exceeding the lawful |
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20 |
maximum by more than 10 but not more than 15 |
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miles per hour or careless driving in violation |
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of section 626b or a law or ordinance substantially |
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23 |
corresponding to section 626b..........................3 points |
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24 |
(o) A violation of section 627(9) pertaining |
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25 |
to speed in a work zone described in that section |
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26 |
by exceeding the lawful maximum by 10 miles per |
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27 |
hour or less...........................................3 points |
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28 |
(p) A violation of any law other than the law |
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29 |
described in subdivision (o) or ordinance |
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30 |
pertaining to speed by exceeding the lawful maximum |
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31 |
by 10 miles per hour or less...........................2 points |
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1 |
(q) Disobeying a traffic signal or stop sign, |
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2 |
or improper passing....................................3 points |
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3 |
(r) A violation of section 624a, 624b, or |
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4 |
a law or ordinance substantially corresponding to |
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5 |
section 624a or 624b...................................2 points |
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6 |
(s) A violation of section 310e(4) or (6) or |
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7 |
a law or ordinance substantially corresponding to |
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8 |
section 310e(4) or (6).................................2 points |
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9 |
(t) All other moving violations pertaining to |
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10 |
the operation of motor vehicles reported under |
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11 |
this section...........................................2 points |
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12 |
(u) A refusal by a person less than 21 years of |
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13 |
age to submit to a preliminary breath test required |
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14 |
by a peace officer under section 625a..................2 points |
15 (2) Points shall not be entered for a violation of section
16 310e(14), 311, 602b(1), 602c, 625m, 658, 710d, 717, 719, 719a, or
17 723.
18 (3) Points shall not be entered for bond forfeitures.
19 (4) Points shall not be entered for overweight loads or for
20 defective equipment.
21 (5) If more than 1 conviction, civil infraction
22 determination, or probate court disposition results from the same
23 incident, points shall be entered only for the violation that
24 receives the highest number of points under this section.
25 (6) If a person has accumulated 9 points as provided in this
26 section, the secretary of state may call the person in for an
27 interview as to the person's driving ability and record after due
28 notice as to time and place of the interview. If the person fails
1 to appear as provided in this subsection, the secretary of state
2 shall add 3 points to the person's record.
3 (7) If a person violates a speed restriction established by
4 an executive order issued during a state of energy emergency as
5 provided by 1982 PA 191, MCL 10.81 to 10.89, the secretary of
6 state shall enter points for the violation pursuant to subsection
7 (1).
8 (8) The secretary of state shall enter 6 points upon the
9 record of a person whose license is suspended or denied pursuant
10 to section 625f. However, if a conviction, civil infraction
11 determination, or probate court disposition results from the same
12 incident, additional points for that offense shall not be
13 entered.
14 (9) If a Michigan driver commits a violation in another
15 state that would be a civil infraction if committed in Michigan,
16 and a conviction results solely because of the failure of the
17 Michigan driver to appear in that state to contest the violation,
18 upon receipt of the abstract of conviction by the secretary of
19 state, the violation shall be noted on the driver's record, but
20 no points shall be assessed against his or her driver's license.
21 Sec. 602c. (1) Except as provided in this section, an
22 individual issued a level 1 or level 2 graduated license under
23 section 310e shall not use a cellular telephone while operating a
24 motor vehicle upon a highway or street. For purposes of this
25 subsection, "use" means to initiate a call; answer a call; or
26 listen to or engage in verbal communication through the cellular
27 telephone.
1 (2) Subsection (1) does not apply to an individual who is
2 using a cellular telephone to do any of the following:
3 (a) Report a traffic accident, medical emergency, or serious
4 road hazard.
5 (b) Report a situation in which the person believes his or
6 her personal safety is in jeopardy.
7 (c) Report or avert the perpetration or potential
8 perpetration of a criminal act against the individual or another
9 person.
10 (3) Subsection (1) does not apply to an individual using a
11 voice-operated system that is integrated into the motor vehicle.
12 (4) An individual who violates this section is responsible
13 for a civil infraction.
14 (5) This section supersedes all local ordinances regulating
15 the use of a cellular telephone by an individual issued a level 1
16 or level 2 graduated license while operating a motor vehicle in
17 motion on a highway or street, except that a unit of local
18 government may adopt an ordinance or enforce an existing
19 ordinance substantially corresponding to this section.
20 (6) This section shall be known and may be cited as
21 "Kelsey's Law".
22 Sec. 732. (1) Each municipal judge and each clerk of a court
23 of record shall keep a full record of every case in which a
24 person is charged with or cited for a violation of this act or a
25 local ordinance substantially corresponding to this act
26 regulating the operation of vehicles on highways and with those
27 offenses pertaining to the operation of ORVs or snowmobiles for
1 which points are assessed under section 320a(1)(c) or (i). Except
2 as provided in subsection (16), the municipal judge or clerk of
3 the court of record shall prepare and forward to the secretary of
4 state an abstract of the court record as follows:
5 (a) Not more than 5 days after a conviction, forfeiture of
6 bail, or entry of a civil infraction determination or default
7 judgment upon a charge of or citation for violating or attempting
8 to violate this act or a local ordinance substantially
9 corresponding to this act regulating the operation of vehicles on
10 highways.
11 (b) Immediately for each case charging a violation of
12 section 625(1), (3), (4), (5), (6), (7), or (8) or section 625m
13 or a local ordinance substantially corresponding to section
14 625(1), (3), (6), or (8) or section 625m in which the charge is
15 dismissed or the defendant is acquitted.
16 (c) Immediately for each case charging a violation of
17 section 82127(1) or (3), 81134, or 81135 of the natural resources
18 and environmental protection act, 1994 PA 451, MCL 324.82127,
19 324.81134, and 324.81135, or a local ordinance substantially
20 corresponding to those sections.
21 (2) If a city or village department, bureau, or person is
22 authorized to accept a payment of money as a settlement for a
23 violation of a local ordinance substantially corresponding to
24 this act, the city or village department, bureau, or person shall
25 send a full report of each case in which a person pays any amount
26 of money to the city or village department, bureau, or person to
27 the secretary of state upon a form prescribed by the secretary of
1 state.
2 (3) The abstract or report required under this section shall
3 be made upon a form furnished by the secretary of state. An
4 abstract shall be certified by signature, stamp, or facsimile
5 signature of the person required to prepare the abstract as
6 correct. An abstract or report shall include all of the
7 following:
8 (a) The name, address, and date of birth of the person
9 charged or cited.
10 (b) The number of the person's operator's or chauffeur's
11 license, if any.
12 (c) The date and nature of the violation.
13 (d) The type of vehicle driven at the time of the violation
14 and, if the vehicle is a commercial motor vehicle, that vehicle's
15 group designation.
16 (e) The date of the conviction, finding, forfeiture,
17 judgment, or civil infraction determination.
18 (f) Whether bail was forfeited.
19 (g) Any license restriction, suspension, or denial ordered
20 by the court as provided by law.
21 (h) The vehicle identification number and registration plate
22 number of all vehicles that are ordered immobilized or forfeited.
23 (i) Other information considered necessary to the secretary
24 of state.
25 (4) The clerk of the court also shall forward an abstract of
26 the court record to the secretary of state upon a person's
27 conviction involving any of the following:
1 (a) A violation of section 413, 414, or 479a of the Michigan
2 penal code, 1931 PA 328, MCL 750.413, 750.414, and 750.479a.
3 (b) A violation of section 1 of former 1931 PA 214.
4 (c) Negligent homicide, manslaughter, or murder resulting
5 from the operation of a vehicle.
6 (d) A violation of sections 701(1) and 703 of the Michigan
7 liquor control code of 1998, 1998 PA 58, MCL 436.1701 and
8 436.1703, or a local ordinance substantially corresponding to
9 those sections.
10 (e) A violation of section 411a(2) of the Michigan penal
11 code, 1931 PA 328, MCL 750.411a.
12 (f) A violation of motor carrier safety regulations 49 CFR
13 392.10 or 392.11 as adopted by section 1a of the motor carrier
14 safety act of 1963, 1963 PA 181, MCL 480.11a.
15 (g) A violation of section 57 of the pupil transportation
16 act, 1990 PA 187, MCL 257.1857.
17 (h) A violation of motor carrier safety regulations 49 CFR
18 392.10 or 392.11 as adopted by section 31 of the motor bus
19 transportation act, 1982 PA 432, MCL 474.131.
20 (i) An attempt to violate, a conspiracy to violate, or a
21 violation of part 74 of the public health code, 1978 PA 368, MCL
22 333.7401 to 333.7461, or a local ordinance that prohibits conduct
23 prohibited under part 74 of the public health code, 1978 PA 368,
24 MCL 333.7401 to 333.7461, unless the convicted person is
25 sentenced to life imprisonment or a minimum term of imprisonment
26 that exceeds 1 year for the offense.
27 (j) An attempt to commit an offense described in
1 subdivisions (a) to (h).
2 (k) A violation of chapter LXXXIII-A of the Michigan penal
3 code, 1931 PA 328, MCL 750.543a to 750.543z.
4 (l) A violation of section 3101, 3102(1), or 3103 of the
5 insurance code of 1956, 1956 PA 218, MCL 500.3101, 500.3102, and
6 500.3103.
7 (m) A violation listed as a disqualifying offense under 49
8 CFR 383.51.
9 (5) The clerk of the court shall also forward an abstract of
10 the court record to the secretary of state if a person has pled
11 guilty to, or offered a plea of admission in a juvenile
12 proceeding for, a violation of section 703 of the Michigan liquor
13 control code of 1998, 1998 PA 58, MCL 436.1703, or a local
14 ordinance substantially corresponding to that section, and has
15 had further proceedings deferred under that section. If the
16 person is sentenced to a term of probation and terms and
17 conditions of probation are fulfilled and the court discharges
18 the individual and dismisses the proceedings, the court shall
19 also report the dismissal to the secretary of state.
20 (6) As used in subsections (7) to (9), "felony in which a
21 motor vehicle was used" means a felony during the commission of
22 which the person operated a motor vehicle and while operating the
23 vehicle presented real or potential harm to persons or property
24 and 1 or more of the following circumstances existed:
25 (a) The vehicle was used as an instrument of the felony.
26 (b) The vehicle was used to transport a victim of the
27 felony.
1 (c) The vehicle was used to flee the scene of the felony.
2 (d) The vehicle was necessary for the commission of the
3 felony.
4 (7) If a person is charged with a felony in which a motor
5 vehicle was used, other than a felony specified in subsection (4)
6 or section 319, the prosecuting attorney shall include the
7 following statement on the complaint and information filed in
8 district or circuit court:
9 "You are charged with the commission of a felony in which a
10 motor vehicle was used. If you are convicted and the judge finds
11 that the conviction is for a felony in which a motor vehicle was
12 used, as defined in section 319 of the Michigan vehicle code,
13 1949 PA 300, MCL 257.319, your driver's license shall be
14 suspended by the secretary of state.".
15 (8) If a juvenile is accused of an act, the nature of which
16 constitutes a felony in which a motor vehicle was used, other
17 than a felony specified in subsection (4) or section 319, the
18 prosecuting attorney or family division of circuit court shall
19 include the following statement on the petition filed in the
20 court:
21 "You are accused of an act the nature of which constitutes a
22 felony in which a motor vehicle was used. If the accusation is
23 found to be true and the judge or referee finds that the nature
24 of the act constitutes a felony in which a motor vehicle was
25 used, as defined in section 319 of the Michigan vehicle code,
26 1949 PA 300, MCL 257.319, your driver's license shall be
27 suspended by the secretary of state.".
1 (9) If the court determines as part of the sentence or
2 disposition that the felony for which the person was convicted or
3 adjudicated and with respect to which notice was given under
4 subsection (7) or (8) is a felony in which a motor vehicle was
5 used, the clerk of the court shall forward an abstract of the
6 court record of that conviction to the secretary of state.
7 (10) As used in subsections (11) and (12), "felony in which
8 a commercial motor vehicle was used" means a felony during the
9 commission of which the person operated a commercial motor
10 vehicle and while the person was operating the vehicle 1 or more
11 of the following circumstances existed:
12 (a) The vehicle was used as an instrument of the felony.
13 (b) The vehicle was used to transport a victim of the
14 felony.
15 (c) The vehicle was used to flee the scene of the felony.
16 (d) The vehicle was necessary for the commission of the
17 felony.
18 (11) If a person is charged with a felony in which a
19 commercial motor vehicle was used and for which a vehicle group
20 designation on a license is subject to suspension or revocation
21 under section 319b(1)(c)(iii), 319b(1)(d), 319b(1)(e)(iii), or
22 319b(1)(f)(i), the prosecuting attorney shall include the
23 following statement on the complaint and information filed in
24 district or circuit court:
25 "You are charged with the commission of a felony in which a
26 commercial motor vehicle was used. If you are convicted and the
27 judge finds that the conviction is for a felony in which a
1 commercial motor vehicle was used, as defined in section 319b of
2 the Michigan vehicle code, 1949 PA 300, MCL 257.319b, all vehicle
3 group designations on your driver's license shall be suspended or
4 revoked by the secretary of state.".
5 (12) If the judge determines as part of the sentence that
6 the felony for which the defendant was convicted and with respect
7 to which notice was given under subsection (11) is a felony in
8 which a commercial motor vehicle was used, the clerk of the court
9 shall forward an abstract of the court record of that conviction
10 to the secretary of state.
11 (13) Every person required to forward abstracts to the
12 secretary of state under this section shall certify for the
13 period from January 1 through June 30 and for the period from
14 July 1 through December 31 that all abstracts required to be
15 forwarded during the period have been forwarded. The
16 certification shall be filed with the secretary of state not
17 later than 28 days after the end of the period covered by the
18 certification. The certification shall be made upon a form
19 furnished by the secretary of state and shall include all of the
20 following:
21 (a) The name and title of the person required to forward
22 abstracts.
23 (b) The court for which the certification is filed.
24 (c) The time period covered by the certification.
25 (d) The following statement:
26 "I certify that all abstracts required by section 732 of the
27 Michigan vehicle code, MCL 257.732; MSA 9.2432, for the period
1 ________________ through ______________ have been forwarded to
2 the secretary of state.".
3 (e) Other information the secretary of state considers
4 necessary.
5 (f) The signature of the person required to forward
6 abstracts.
7 (14) The failure, refusal, or neglect of a person to comply
8 with this section constitutes misconduct in office and is grounds
9 for removal from office.
10 (15) Except as provided in subsection (16), the secretary of
11 state shall keep all abstracts received under this section at the
12 secretary of state's main office and the abstracts shall be open
13 for public inspection during the office's usual business hours.
14 Each abstract shall be entered upon the master driving record of
15 the person to whom it pertains.
16 (16) Except for controlled substance offenses described in
17 subsection (4), the court shall not submit, and the secretary of
18 state shall discard and not enter on the master driving record,
19 an abstract for a conviction or civil infraction determination
20 for any of the following violations:
21 (a) The parking or standing of a vehicle.
22 (b) A nonmoving violation that is not the basis for the
23 secretary of state's suspension, revocation, or denial of an
24 operator's or chauffeur's license.
25 (c) A violation of chapter II that is not the basis for the
26 secretary of state's suspension, revocation, or denial of an
27 operator's or chauffeur's license.
1 (d) A pedestrian, passenger, or bicycle violation, other
2 than a violation of section 703(1) or (2) of the Michigan liquor
3 control code of 1998, 1998 PA 58, MCL 436.1703, or a local
4 ordinance substantially corresponding to section 703(1) or (2) of
5 the Michigan liquor control code of 1998, 1998 PA 58, MCL
6 436.1703, or section 624a or 624b or a local ordinance
7 substantially corresponding to section 624a or 624b.
8 (e) A violation of section 710e or a local ordinance
9 substantially corresponding to section 710e.
10 (f) A violation of section 328(1) if, before the appearance
11 date on the citation, the person submits proof to the court that
12 the motor vehicle had insurance meeting the requirements of
13 sections 3101 and 3102 of the insurance code of 1956, 1956 PA
14 218, MCL 500.3101 and 500.3102, at the time the citation was
15 issued. Insurance obtained subsequent to the time of the
16 violation does not make the violation an exception under this
17 subsection.
18 (g) A violation described in section 319b(10)(b)(vii) if,
19 before the court appearance date or date fines are to be paid,
20 the person submits proof to the court that he or she held a valid
21 commercial driver license on the date the citation was issued.
22 (h) A violation of section 311 if the person was driving a
23 noncommercial vehicle and, before the court appearance date or
24 the date fines are to be paid, the person submits proof to the
25 court that he or she held a valid driver license on the date the
26 citation was issued.
27 (i) A violation of section 602b(1) or 602c.
1 (17) Except as otherwise provided in this subsection, the
2 secretary of state shall discard and not enter on the master
3 driving record an abstract for a bond forfeiture that occurred
4 outside this state. The secretary of state shall enter on the
5 master driving record an abstract for a conviction as defined in
6 section 8a(b) that occurred outside this state in connection with
7 the operation of a commercial motor vehicle or for a conviction
8 of a person licensed as a commercial motor vehicle driver.
9 (18) The secretary of state shall inform the courts of this
10 state of the nonmoving violations and violations of chapter II
11 that are used by the secretary of state as the basis for the
12 suspension, restriction, revocation, or denial of an operator's
13 or chauffeur's license.
14 (19) If a conviction or civil infraction determination is
15 reversed upon appeal, the person whose conviction or
16 determination has been reversed may serve on the secretary of
17 state a certified copy of the order of reversal. The secretary of
18 state shall enter the order in the proper book or index in
19 connection with the record of the conviction or civil infraction
20 determination.
21 (20) The secretary of state may permit a city or village
22 department, bureau, person, or court to modify the requirement as
23 to the time and manner of reporting a conviction, civil
24 infraction determination, or settlement to the secretary of state
25 if the modification will increase the economy and efficiency of
26 collecting and utilizing the records. If the permitted abstract
27 of court record reporting a conviction, civil infraction
1 determination, or settlement originates as a part of the written
2 notice to appear, authorized in section 728(1) or 742(1), the
3 form of the written notice and report shall be as prescribed by
4 the secretary of state.
5 (21) Notwithstanding any other law of this state, a court
6 shall not take under advisement an offense committed by a person
7 while operating a commercial motor vehicle or by a person
8 licensed to drive a commercial motor vehicle while operating a
9 noncommercial motor vehicle at the time of the offense, for which
10 this act requires a conviction or civil infraction determination
11 to be reported to the secretary of state. A conviction or civil
12 infraction determination that is the subject of this subsection
13 shall not be masked, delayed, diverted, suspended, or suppressed
14 by a court. Upon a conviction or civil infraction determination,
15 the conviction or civil infraction determination shall
16 immediately be reported to the secretary of state in accordance
17 with this section.
18 (22) Except as provided in this act and notwithstanding any
19 other provision of law, a court shall not order expunction of any
20 violation reportable to the secretary of state under this
21 section.
