SB-0756, As Passed House, December 14, 2012SB-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:

 

 

     (a) Manslaughter, negligent homicide, or a

felony resulting from the operation of a motor


vehicle, ORV, or snowmobile............................6 points

     (b) A violation of section 601b(2) or (3),

601c(1) or (2), or 653a(3) or (4) or, beginning

October 31, 2010, a violation of section 601d..........6 points

     (c) A violation of section 625(1), (4), (5),

(7), or (8), section 81134 or 82127(1) of the

natural resources and environmental protection act,

1994 PA 451, MCL 324.81134 and 324.82127, or a law or

ordinance substantially corresponding to section

10 625(1), (4), (5), (7), or (8), or section 81134

11 or 82127(1) of the natural resources and

12 environmental protection act, 1994 PA 451,

13 MCL 324.81134 and 324.82127............................6 points

14      (d) Failing to stop and disclose identity

15 at the scene of an accident when required by law.......6 points

16      (e) Operating a motor vehicle in violation

17 of section 626.........................................6 points

18      (f) Fleeing or eluding an officer.................6 points

19      (g) A violation of section 627(9) pertaining

20 to speed in a work zone described in that section

21 by exceeding the lawful maximum by more than

22 15 miles per hour......................................5 points

23      (h) A violation of any law other than the

24 law described in subdivision (g) or ordinance

25 pertaining to speed by exceeding the lawful

26 maximum by more than 15 miles per hour.................4 points

27      (i) A violation of section 625(3) or (6),

28 section 81135 or 82127(3) of the natural

29 resources and environmental protection act,

30 1994 PA 451, MCL 324.81135 and 324.82127,

31 or a law or ordinance substantially corresponding


to section 625(3) or (6) or section 81135

or 82127(3) of the natural resources and

environmental protection act, 1994 PA 451,

MCL 324.81135 and 324.82127............................4 points

     (j) A violation of section 626a or a law

or ordinance substantially corresponding to

section 626a...........................................4 points

     (k) A violation of section 653a(2)................4 points

     (l) A violation of section 627(9) pertaining

10 to speed in a work zone described in that section

11 by exceeding the lawful maximum by more than 10

12 but not more than 15 miles per hour....................4 points

13      (m) Beginning October 31, 2010, a

14 moving violation resulting in an at-fault

15 collision with another vehicle, a person,

16 or any other object....................................4 points

17      (n) A violation of any law other than the

18 law described in subdivision (l) or ordinance

19 pertaining to speed by exceeding the lawful

20 maximum by more than 10 but not more than 15

21 miles per hour or careless driving in violation

22 of section 626b or a law or ordinance substantially

23 corresponding to section 626b..........................3 points

24      (o) A violation of section 627(9) pertaining

25 to speed in a work zone described in that section

26 by exceeding the lawful maximum by 10 miles per

27 hour or less...........................................3 points

28      (p) A violation of any law other than the law

29 described in subdivision (o) or ordinance

30 pertaining to speed by exceeding the lawful maximum

31 by 10 miles per hour or less...........................2 points


     (q) Disobeying a traffic signal or stop sign,

or improper passing....................................3 points

     (r) A violation of section 624a, 624b, or

a law or ordinance substantially corresponding to

section 624a or 624b...................................2 points

     (s) A violation of section 310e(4) or (6) or

a law or ordinance substantially corresponding to

section 310e(4) or (6).................................2 points

     (t) All other moving violations pertaining to

10 the operation of motor vehicles reported under

11 this section...........................................2 points

12      (u) A refusal by a person less than 21 years of

13 age to submit to a preliminary breath test required

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.