HOUSE BILL No. 5505 March 14, 2000, Introduced by Reps. Jellema, Scranton, Kuipers, Pappageorge, Gosselin, Spade, Vear, Voorhees, Kukuk, Basham, Rick Johnson, Mortimer, Jelinek, Law, Hart, Faunce, Byl, Bradstreet, Patterson, Pumford, Richardville, DeRossett, Kowall, Hager, Green, DeVuyst, LaSata, Shulman, Pestka, Raczkowski, Howell, Caul, Geiger and Ehardt and referred to the Committee on Criminal Law and Corrections. A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 625 (MCL 257.625), as amended by 1999 PA 73. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 625. (1) A person, whether licensed or not, shall not 2 operate a vehicle upon a highway or other place open to the gen- 3 eral public or generally accessible to motor vehicles, including 4 an area designated for the parking of vehicles, within this state 5 if either of the following applies: 6 (a) The person is under the influence of intoxicating 7 liquor, a controlled substance, or a combination of intoxicating 8 liquor and a controlled substance. 9 (b) The person has an alcohol content of 0.10 grams or more 10 per 100 milliliters of blood, per 210 liters of breath, or per 67 11 milliliters of urine. 04858'99 TVD 2 1 (2) The owner of a vehicle or a person in charge or in 2 control of a vehicle shall not authorize or knowingly permit the 3 vehicle to be operated upon a highway or other place open to the 4 general public or generally accessible to motor vehicles, includ- 5 ing an area designated for the parking of motor vehicles, within 6 this state by a person who is under the influence of intoxicating 7 liquor, a controlled substance, or a combination of intoxicating 8 liquor and a controlled substance, who has an alcohol content of 9 0.10 grams or more per 100 milliliters of blood, per 210 liters 10 of breath, or per 67 milliliters of urine, or whose ability to 11 operate the motor vehicle is visibly impaired due to the consump- 12 tion of intoxicating liquor, a controlled substance, or a combi- 13 nation of intoxicating liquor and a controlled substance. 14 (3) A person, whether licensed or not, shall not operate a 15 vehicle upon a highway or other place open to the general public 16 or generally accessible to motor vehicles, including an area des- 17 ignated for the parking of vehicles, within this state when, due 18 to the consumption of intoxicating liquor, a controlled sub- 19 stance, or a combination of intoxicating liquor and a controlled 20 substance, the person's ability to operate the vehicle is visibly 21 impaired. If a person is charged with violating subsection (1), 22 a finding of guilty under this subsection may be rendered. 23 (4) A person, whether licensed or not, who operates a motor 24 vehicle in violation of subsection (1) or (3) and by the opera- 25 tion of that motor vehicle causes the death of another person is 26 guilty of a felony punishable by imprisonment for not more than 27 15 years or a fine of not less than $2,500.00 or more than 04858'99 3 1 $10,000.00, or both. The judgment of sentence may impose the 2 sanction permitted under section 625n. If the vehicle is not 3 ordered forfeited under section 625n, the court shall order vehi- 4 cle immobilization under section 904d in the judgment of 5 sentence. 6 (5) A person, whether licensed or not, who operates a motor 7 vehicle in violation of subsection (1) or (3) and by the opera- 8 tion of that motor vehicle causes a serious impairment of a body 9 function of another person is guilty of a felony punishable by 10 imprisonment for not more than 5 years or a fine of not less than 11 $1,000.00 or more than $5,000.00, or both. The judgment of sen- 12 tence may impose the sanction permitted under section 625n. If 13 the vehicle is not ordered forfeited under section 625n, the 14 court shall order vehicle immobilization under section 904d in 15 the judgment of sentence. As used in this subsection, "serious 16 impairment of a body function" includes, but is not limited to, 1 17 or more of the following: 18 (a) Loss of a limb or use of a limb. 19 (b) Loss of a hand, foot, finger, or thumb or use of a hand, 20 foot, finger, or thumb. 21 (c) Loss of an eye or ear or use of an eye or ear. 22 (d) Loss or substantial impairment of a bodily function. 23 (e) Serious visible disfigurement. 24 (f) A comatose state that lasts for more than 3 days. 25 (g) Measurable brain damage or mental impairment. 26 (h) A skull fracture or other serious bone fracture. 04858'99 4 1 (i) Subdural hemorrhage or subdural hematoma. 2 (6) A person who is less than 21 years of age, whether 3 licensed or not, shall not operate a vehicle upon a highway or 4 other place open to the general public or generally accessible to 5 motor vehicles, including an area designated for the parking of 6 vehicles, within this state if the person has any bodily alcohol 7 content. As used in this subsection, "any bodily alcohol 8 content" means either of the following: 9 (a) An alcohol content of not less than 0.02 grams or more 10 than 0.07 grams per 100 milliliters of blood, per 210 liters of 11 breath, or per 67 milliliters of urine. 12 (b) Any presence of alcohol within a person's body resulting 13 from the consumption of intoxicating liquor, other than consump- 14 tion of intoxicating liquor as a part of a generally recognized 15 religious service or ceremony. 16 (7) A person, whether licensed or not, is subject to the 17 following requirements: 18 (a) He or she shall not operate a vehicle in violation of 19 subsection (1), (3), (4), or (5) while another person who is less 20 than 16 years of age is occupying the vehicle. A person who vio- 21 lates this subdivision is guilty of a crime punishable as 22 follows: 23 (i) Except as provided in subparagraph (ii), a person who 24 violates this subdivision is guilty of a misdemeanor and shall be 25 sentenced to pay a fine of not less than $200.00 or more than 26 $1,000.00 and to 1 or more of the following: 04858'99 5 1 (A) Imprisonment for not less than 5 days or more than 1 2 year. Not less than 48 hours of this imprisonment shall be 3 served consecutively. This term of imprisonment shall not be 4 suspended. 5 (B) Community service for not less than 30 days or more than 6 90 days. 7 (ii) If the violation occurs within 7 years of a prior con- 8 viction or within 10 years of 2 or more prior convictions, a 9 person who violates this subdivision is guilty of a felony and 10 shall be sentenced to pay a fine of not less than $500.00 or more 11 than $5,000.00 and to either of the following: 12 (A) Imprisonment under the jurisdiction of the department of 13 corrections for not less than 1 year or more than 5 years. 14 (B) Probation with imprisonment in the county jail for not 15 less than 30 days or more than 1 year and community service for 16 not less than 60 days or more than 180 days. Not less than 48 17 hours of this imprisonment shall be served consecutively. This 18 term of imprisonment shall not be suspended. 19 (b) He or she shall not operate a vehicle in violation of 20 subsection (6) while another person who is less than 16 years of 21 age is occupying the vehicle. A person who violates this subdi- 22 vision is guilty of a misdemeanor punishable as follows: 23 (i) Except as provided in subparagraph (ii), a person who 24 violates this subdivision may be sentenced to 1 or more of the 25 following: 26 (A) Community service for not more than 60 days. 04858'99 6 1 (B) A fine of not more than $500.00. 2 (C) Imprisonment for not more than 93 days. 3 (ii) If the violation occurs within 7 years of a prior con- 4 viction or within 10 years of 2 or more prior convictions, a 5 person who violates this subdivision shall be sentenced to pay a 6 fine of not less than $200.00 or more than $1,000.00 and to 1 or 7 more of the following: 8 (A) Imprisonment for not less than 5 days or more than 1 9 year. Not less than 48 hours of this imprisonment shall be 10 served consecutively. This term of imprisonment shall not be 11 suspended. 12 (B) Community service for not less than 30 days or more than 13 90 days. 14 (c) In the judgment of sentence under subdivision (a)(i) or 15 (b)(i), the court may, unless the vehicle is ordered forfeited 16 under section 625n, order vehicle immobilization as provided in 17 section 904d. In the judgment of sentence under subdivision 18 (a)(ii) or (b)(ii), the court shall, unless the vehicle is 19 ordered forfeited under section 625n, order vehicle immobiliza- 20 tion as provided in section 904d. 21 (d) This subsection does not prohibit a person from being 22 charged with, convicted of, or punished for a violation of sub- 23 section (4) or (5) that is committed by the person while violat- 24 ing this subsection. However, points shall not be assessed under 25 section 320a for both a violation of subsection (4) or (5) and a 26 violation of this subsection for conduct arising out of the same 27 transaction. 04858'99 7 1 (8) If a person is convicted of violating subsection (1), 2 all of the following apply: 3 (a) Except as otherwise provided in subdivisions (b) and 4 (c), the person is guilty of a misdemeanor punishable by 1 or 5 more of the following: 6 (i) Community service for not more than 45 days. 7 (ii) Imprisonment for not more than 93 days. 8 (iii) A fine of not less than $100.00 or more than $500.00. 9 (b) If the violation occurs within 7 years of a prior con- 10 viction, the person shall be sentenced to pay a fine of not less 11 than $200.00 or more than $1,000.00 and 1 or more of the 12 following: 13 (i) Imprisonment for not less than 5 days or more than 1 14 year. Not less than 48 hours of the term of imprisonment imposed 15 under this subparagraph shall be served consecutively. 16 (ii) Community service for not less than 30 days or more 17 than 90 days. 18 (c) If the violation occurs within 10 years of 2 or more 19 prior convictions, the person is guilty of a felony and shall be 20 sentenced to pay a fine of not less than $500.00 or more than 21 $5,000.00 and to either of the following: 22 (i) Imprisonment under the jurisdiction of the department of 23 corrections for not less than 1 year or more than 5 years. 24 (ii) Probation with imprisonment in the county jail for not 25 less than 30 days or more than 1 year and community service for 26 not less than 60 days or more than 180 days. Not less than 48 04858'99 8 1 hours of the imprisonment imposed under this subparagraph shall 2 be served consecutively. 3 (d) A term of imprisonment imposed under subdivision (b) or 4 (c) shall not be suspended. 5 (e) In the judgment of sentence under subdivision (a), the 6 court may order vehicle immobilization as provided in 7 section 904d. In the judgment of sentence under subdivision (b) 8 or (c), the court shall, unless the vehicle is ordered forfeited 9 under section 625n, order vehicle immobilization as provided in 10 section 904d. 11 (f) In the judgment of sentence under subdivision (b) or 12 (c), the court may impose the sanction permitted under 13 section 625n. 14 (9) A person who is convicted of violating subsection (2) is 15 guilty of a crime as follows: 16 (a) Except as provided in subdivisions (b) and (c), a misde- 17 meanor punishable by imprisonment for not more than 93 days or a 18 fine of not less than $100.00 or more than $500.00, or both. 19 (b) If the person operating the motor vehicle violated sub- 20 section (4), a felony punishable by imprisonment for not more 21 than 5 years or a fine of not less than $1,500.00 or more than 22 $10,000.00, or both. 23 (c) If the person operating the motor vehicle violated sub- 24 section (5), a felony punishable by imprisonment for not more 25 than 2 years or a fine of not less than $1,000.00 or more than 26 $5,000.00, or both. 04858'99 9 1 (10) If a person is convicted of violating subsection (3), 2 all of the following apply: 3 (a) Except as otherwise provided in subdivisions (b) and 4 (c), the person is guilty of a misdemeanor punishable by 1 or 5 more of the following: 6 (i) Community service for not more than 45 days. 7 (ii) Imprisonment for not more than 93 days. 8 (iii) A fine of not more than $300.00. 9 (b) If the violation occurs within 7 years of 1 prior con- 10 viction, the person shall be sentenced to pay a fine of not less 11 than $200.00 or more than $1,000.00, and 1 or more of the 12 following: 13 (i) Imprisonment for not less than 5 days or more than 1 14 year. Not less than 48 hours of the term of imprisonment imposed 15 under this subparagraph shall be served consecutively. 16 (ii) Community service for not less than 30 days or more 17 than 90 days. 18 (c) If the violation occurs within 10 years of 2 or more 19 prior convictions, the person is guilty of a felony and shall be 20 sentenced to pay a fine of not less than $500.00 or more than 21 $5,000.00 and either of the following: 22 (i) Imprisonment under the jurisdiction of the department of 23 corrections for not less than 1 year or more than 5 years. 24 (ii) Probation with imprisonment in the county jail for not 25 less than 30 days or more than 1 year and community service for 26 not less than 60 days or more than 180 days. Not less than 48 04858'99 10 1 hours of the imprisonment imposed under this subparagraph shall 2 be served consecutively. 3 (d) A term of imprisonment imposed under subdivision (b) or 4 (c) shall not be suspended. 5 (e) In the judgment of sentence under subdivision (a), the 6 court may order vehicle immobilization as provided in 7 section 904d. In the judgment of sentence under subdivision (b) 8 or (c), the court shall, unless the vehicle is ordered forfeited 9 under section 625n, order vehicle immobilization as provided in 10 section 904d. 11 (f) In the judgment of sentence under subdivision (b) or 12 (c), the court may impose the sanction permitted under 13 section 625n. 14 (11) If a person is convicted of violating subsection (6), 15 all of the following apply: 16 (a) Except as otherwise provided in subdivision (b), the 17 person is guilty of a misdemeanor punishable by 1 orbothMORE 18 of the following: 19 (i) Community service for not more than 45 days. 20 (ii) A fine of not more than $250.00. 21 (iii) IMPRISONMENT FOR NOT MORE THAN 30 DAYS. 22 (b) If the violation occurs within 7 years of 1 or more 23 prior convictions, the person may be sentenced to 1 or more of 24 the following: 25 (i) Community service for not more than 60 days. 26 (ii) A fine of not more than $500.00. 04858'99 11 1 (iii) Imprisonment for not more than 93 days. 2 (12) In addition to imposing the sanctions prescribed under 3 this section, the court may order the person to pay the costs of 4 the prosecution under the code of criminal procedure, 1927 5 PA 175, MCL 760.1 to776.22777.69. 6 (13) A person sentenced to perform community service under 7 this section shall not receive compensation and shall reimburse 8 the state or appropriate local unit of government for the cost of 9 supervision incurred by the state or local unit of government as 10 a result of the person's activities in that service. 11 (14) If the prosecuting attorney intends to seek an enhanced 12 sentence under this section or a sanction under section 625n or 13 904d based upon the defendant having 1 or more prior convictions, 14 the prosecuting attorney shall include on the complaint and 15 information, or an amended complaint and information, filed in 16 district court, circuit court, municipal court, or family divi- 17 sion of circuit court, a statement listing the defendant's prior 18 convictions. 19 (15) If a person is charged with a violation of subsection 20 (1), (3), (4), (5), or (7) or section 625m, the court shall not 21 permit the defendant to enter a plea of guilty or nolo contendere 22 to a charge of violating subsection (6) in exchange for dismissal 23 of the original charge. This subsection does not prohibit the 24 court from dismissing the charge upon the prosecuting attorney's 25 motion. 26 (16) A prior conviction shall be established at sentencing 27 by 1 or more of the following: 04858'99 12 1 (a) An abstract of conviction. 2 (b) A copy of the defendant's driving record. 3 (c) An admission by the defendant. 4 (17) Except as otherwise provided in subsection (19), if a 5 person is charged with operating a vehicle while under the influ- 6 ence of a controlled substance or a combination of intoxicating 7 liquor and a controlled substance in violation of subsection (1) 8 or a local ordinance substantially corresponding to 9 subsection (1), the court shall require the jury to return a spe- 10 cial verdict in the form of a written finding or, if the court 11 convicts the person without a jury or accepts a plea of guilty or 12 nolo contendere, the court shall make a finding as to whether the 13 person was under the influence of a controlled substance or a 14 combination of intoxicating liquor and a controlled substance at 15 the time of the violation. 16 (18) Except as otherwise provided in subsection (19), if a 17 person is charged with operating a vehicle while his or her abil- 18 ity to operate the vehicle was visibly impaired due to his or her 19 consumption of a controlled substance or a combination of intoxi- 20 cating liquor and a controlled substance in violation of 21 subsection (3) or a local ordinance substantially corresponding 22 to subsection (3), the court shall require the jury to return a 23 special verdict in the form of a written finding or, if the court 24 convicts the person without a jury or accepts a plea of guilty or 25 nolo contendere, the court shall make a finding as to whether, 26 due to the consumption of a controlled substance or a combination 27 of intoxicating liquor and a controlled substance, the person's 04858'99 13 1 ability to operate a motor vehicle was visibly impaired at the 2 time of the violation. 3 (19) A special verdict described in subsections (17) and 4 (18) is not required if a jury is instructed to make a finding 5 solely as to either of the following: 6 (a) Whether the defendant was under the influence of a con- 7 trolled substance or a combination of intoxicating liquor and a 8 controlled substance at the time of the violation. 9 (b) Whether the defendant was visibly impaired due to his or 10 her consumption of a controlled substance or a combination of 11 intoxicating liquor and a controlled substance at the time of the 12 violation. 13 (20) If a jury or court finds under subsection (17), (18), 14 or (19) that the defendant operated a motor vehicle under the 15 influence of or while impaired due to the consumption of a con- 16 trolled substance or a combination of a controlled substance and 17 an intoxicating liquor, the court shall do both of the 18 following: 19 (a) Report the finding to the secretary of state. 20 (b) On a form or forms prescribed by the state court admin- 21 istrator, forward to the department of state police a record that 22 specifies the penalties imposed by the court, including any term 23 of imprisonment, and any sanction imposed under section 625n or 24 904d. 25 (21) Except as otherwise provided by law, a record described 26 in subsection (20)(b) is a public record and the department of 04858'99 14 1 state police shall retain the information contained on that 2 record for not less than 7 years. 3 (22) In a prosecution for a violation of subsection (6), the 4 defendant bears the burden of proving that the consumption of 5 intoxicating liquor was a part of a generally recognized reli- 6 gious service or ceremony by a preponderance of the evidence. 7 (23) Subject to subsection (25), as used in this section, 8 "prior conviction" means a conviction for any of the following, 9 whether under a law of this state, a local ordinance substan- 10 tially corresponding to a law of this state, or a law of another 11 state substantially corresponding to a law of this state: 12 (a) Except as provided in subsection (24), a violation or 13 attempted violation of subsection (1), (3), (4), (5), (6), or 14 (7), section 625m, former section 625(1) or (2), or former sec- 15 tion 625b. 16 (b) Negligent homicide, manslaughter, or murder resulting 17 from the operation of a vehicle or an attempt to commit any of 18 those crimes. 19 (24) Except for purposes of the enhancement described in 20 subsection (11)(b), only 1 violation or attempted violation of 21 subsection (6), a local ordinance substantially corresponding to 22 subsection (6), or a law of another state substantially corre- 23 sponding to subsection (6) may be used as a prior conviction. 24 (25) If 2 or more convictions described in subsection (23) 25 are convictions for violations arising out of the same transac- 26 tion, only 1 conviction shall be used to determine whether the 27 person has a prior conviction. 04858'99 15 1 Enacting section 1. This amendatory act takes effect 90 2 days after the date it is enacted. 04858'99 Final page. TVD