HOUSE BILL No. 4840


     May 30, 2001, Introduced by Reps. Schauer, Lipsey, Richardville, Neumann, Minore, Bovin and Dennis and referred to the Committee on Criminal
Justice.


        A bill to amend 1949 PA 300, entitled

   "Michigan vehicle code,"

   by amending section 626 (MCL 257.626).

               THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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           Sec. 626.  (1)  (a) Any  A person who drives  any  A
   vehicle

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      upon a highway or a frozen public lake, stream, or pond or other

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      place open to the general public, including  any  AN area desig-

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      nated for the parking of motor vehicles, within this state, in

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       wilful  WILLFUL or wanton disregard for the safety of persons or

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      property is guilty of reckless driving.

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           (2)  (b) Every  EXCEPT AS OTHERWISE PROVIDED IN SUBSECTIONS

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      (3) AND (4), A person convicted of reckless driving  shall be

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      punished  IS GUILTY OF A MISDEMEANOR PUNISHABLE by imprisonment

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       in the county or municipal jail  for  a period of  not more
   than

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      90 days or  by  a fine of not more than $100.00, or  by  both.


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           (3) A PERSON WHO OPERATES A MOTOR VEHICLE IN VIOLATION OF

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      SUBSECTION (1) AND BY THE OPERATION OF THAT MOTOR VEHICLE CAUSES

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      INJURY TO A MINOR WHO IS A PASSENGER IN A SCHOOL BUS OR PUPIL

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      TRANSPORTATION VEHICLE, OTHER THAN SERIOUS IMPAIRMENT OF A BODY

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      FUNCTION, IS GUILTY OF A MISDEMEANOR PUNISHABLE BY IMPRISONMENT

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      FOR NOT MORE THAN 6 MONTHS OR A FINE OF NOT MORE THAN $500.00, OR

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      BOTH.

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           (4) A PERSON WHO OPERATES A MOTOR VEHICLE IN VIOLATION OF

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      SUBSECTION (1) AND BY THE OPERATION OF THAT MOTOR VEHICLE CAUSES

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      A SERIOUS IMPAIRMENT OF A BODY FUNCTION OR DEATH TO A MINOR WHO

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      IS A PASSENGER IN A SCHOOL BUS OR PUPIL TRANSPORTATION VEHICLE IS

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      GUILTY OF A FELONY PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 7

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      YEARS OR BY A FINE OF NOT LESS THAN $2,000.00 OR MORE THAN

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      $5,000.00, OR BOTH.  AS USED IN THIS SUBSECTION, "SERIOUS IMPAIR-

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      MENT OF A BODY FUNCTION" INCLUDES, BUT IS NOT LIMITED TO, 1 OR

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      MORE OF THE FOLLOWING:

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           (A) LOSS OF A LIMB OR USE OF A LIMB.

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           (B) LOSS OF A HAND, FOOT, FINGER, OR THUMB OR USE OF A HAND,

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      FOOT, FINGER, OR THUMB.

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           (C) LOSS OF AN EYE OR EAR OR USE OF AN EYE OR EAR.

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           (D) LOSS OR SUBSTANTIAL IMPAIRMENT OF A BODILY FUNCTION.

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           (E) SERIOUS VISIBLE DISFIGUREMENT.

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           (F) A COMATOSE STATE THAT LASTS FOR MORE THAN 3 DAYS.

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           (G) MEASURABLE BRAIN DAMAGE OR MENTAL IMPAIRMENT.

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           (H) A SKULL FRACTURE OR OTHER SERIOUS BONE FRACTURE.

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           (I) SUBDURAL HEMORRHAGE OR SUBDURAL HEMATOMA.





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           (5) THIS SECTION DOES NOT PROHIBIT A PERSON FROM BEING

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      CHARGED WITH, CONVICTED OF, OR SENTENCED FOR ANY OTHER VIOLATION

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      OF LAW ARISING OUT OF THE SAME TRANSACTION AS THE VIOLATION OF

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      THIS SECTION.
















































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