HOUSE BILL No. 4842 May 30, 2001, Introduced by Reps. Hart, Vander Veen, Vear, Julian, Hager, LaSata, Bernero, Jelinek, Jacobs, Bovin, Schauer and Jansen and referred to the Committee on Education. A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 303 and 319 (MCL 257.303 and 257.319), as amended by 2000 PA 460. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 303. (1) The secretary of state shall not issue a 2 license under this act to any of the following: 3 (a) A person, as an operator, who is less than 18 years of 4 age, except as otherwise provided in this act. 5 (b) A person, as a chauffeur, who is less than 18 years of 6 age, except as otherwise provided in this act. 7 (c) A person whose license has been suspended during the 8 period for which the license was suspended. 00772'01 b ** MRM 2 1 (d) A person who has been convicted of or received a 2 juvenile disposition for a violation of section 625(4) or (5), 3 section 653a(4), or section 904(4) or (5). 4 (e) A person who has been convicted of or received a juve- 5 nile disposition for negligent homicide, manslaughter, or murder 6 resulting from the operation of a vehicle. 7 (f) A person who is an habitual violator of the criminal 8 laws relating to operating a vehicle while impaired by or under 9 the influence of intoxicating liquor, a controlled substance, or 10 a combination of intoxicating liquor and a controlled substance 11 or with an alcohol content of 0.10 grams or more per 100 millili- 12 ters of blood, per 210 liters of breath, or per 67 milliliters of 13 urine. Convictions of any of the following, whether under a law 14 of this state, a local ordinance substantially corresponding to a 15 law of this state, or a law of another state substantially corre- 16 sponding to a law of this state, are prima facie evidence that 17 the person is an habitual violator as described in this 18 subdivision: 19 (i) Any combination of 2 convictions within 7 years for any 20 of the following or a combination of 1 conviction for a violation 21 or attempted violation of section 625(6) and 1 conviction for any 22 of the following within 7 years: 23 (A) A violation or attempted violation of section 625(1), 24 (3), (4), (5), or (7), section 653a(4), or section 904(4) or 25 (5). 26 (B) A violation of former section 625(1) or (2) or former 27 section 625b. 00772'01 b ** 3 1 (C) A violation or attempted violation of section 625m. 2 (D) Negligent homicide, manslaughter, or murder resulting 3 from the operation of a vehicle or an attempt to commit any of 4 those crimes. 5 (ii) Any combination of 3 convictions within 10 years for 6 any of the following or 1 conviction for a violation or attempted 7 violation of section 625(6) and any combination of 2 convictions 8 for any of the following within 10 years, if any of the convic- 9 tions resulted from an arrest on or after January 1, 1992: 10 (A) A violation or attempted violation of section 625(1), 11 (3), (4), (5), or (7), section 653a(4), or section 904(4) or 12 (5). 13 (B) A violation of former section 625(1) or (2) or former 14 section 625b. 15 (C) A violation or attempted violation of section 625m. 16 (D) Negligent homicide, manslaughter, or murder resulting 17 from the operation of a vehicle or an attempt to commit any of 18 those crimes. 19 (g) A person who in the opinion of the secretary of state is 20 afflicted with or suffering from a physical or mental disability 21 or disease preventing that person from exercising reasonable and 22 ordinary control over a motor vehicle while operating the motor 23 vehicle upon the highways. 24 (h) A person who is unable to understand highway warning or 25 direction signs in the English language. 26 (i) A person who is an habitually reckless driver. Two 27 convictions within 7 years for violating any combination of 00772'01 b ** 4 1 section 626 or section 653a(3) or a local ordinance of this state 2 or a law of another state substantially similar to section 626 or 3 section 653a(3) are prima facie evidence that the person is an 4 habitually reckless driver. 5 (j) A person who is an habitual criminal. Two convictions 6 of a felony in which a motor vehicle was used in this or another 7 state are prima facie evidence that the person is an habitual 8 criminal. 9 (k) A person who is unable to pass a knowledge, skill, or 10 ability test administered by the secretary of state in connection 11 with the issuance of an original operator's or chauffeur's 12 license, original motorcycle indorsement, or an original or 13 renewal of a vehicle group designation or vehicle indorsement. 14 (l) A person who has been convicted of, has received a juve- 15 nile disposition for, or has been determined responsible for 2 or 16 more moving violations under a law of this state, a local ordi- 17 nance substantially corresponding to a law of this state, or a 18 law of another state substantially corresponding to a law of this 19 state within the preceding 3 years, if the violations occurred 20 before issuance of an original license to the person in this or 21 another state. 22 (m) A nonresident including a foreign exchange student. 23 (n) A person who has failed to answer a citation or notice 24 to appear in court or for any matter pending or fails to comply 25 with an order or judgment of the court, including, but not 26 limited to, paying all fines, costs, fees, and assessments, in 27 violation of section 321a, until that person answers the citation 00772'01 b ** 5 1 or notice to appear in court or for any matter pending or 2 complies with an order or judgment of the court, including, but 3 not limited to, paying all fines, costs, fees, and assessments, 4 as provided under section 321a. 5 (o) A person not licensed under this act who has been con- 6 victed of, has received a juvenile disposition for, or has been 7 determined responsible for a crime or civil infraction described 8 in section 319, 324, or 904. A person shall be denied a license 9 under this subdivision for the length of time corresponding to 10 the period of the licensing sanction that would have been imposed 11 under section 319, 324, or 904 if the person had been licensed at 12 the time of the violation. 13 (p) A person not licensed under this act who has been con- 14 victed of or received a juvenile disposition for committing a 15 crime described in section 319e. A person shall be denied a 16 license under this subdivision for the length of time that corre- 17 sponds to the period of the licensing sanction that would have 18 been imposed under section 319e if the person had been licensed 19 at the time of the violation. 20 (q) A person not licensed under this act who is determined 21 to have violated section 33b(1) of former 1933 (Ex Sess) PA 8, 22 section 703(1) of the Michigan liquor control code of 1998, 1998 23 PA 58, MCL 436.1703, or section 624a or 624b of this act. The 24 person shall be denied a license under this subdivision for a 25 period of time that corresponds to the period of the licensing 26 sanction that would have been imposed under those sections had 27 the person been licensed at the time of the violation. 00772'01 b ** 6 1 (r) A person who has been convicted of a violation of 2 section 602a(4) or (5) of this act or a violation of section 3 479a(4) or (5) of the Michigan penal code, 1931 PA 328, 4 MCL 750.479a. 5 (S) A PERSON NOT LICENSED UNDER THIS ACT FOR THE PERIOD PRE- 6 SCRIBED IN AN ORDER ENTERED UNDER SECTION 17E(2)(B) OR (4) OF 7 CHAPTER XIIA OF THE PROBATE CODE OF 1939, 1939 PA 288, MCL 8 712A.17E. 9 (2) Upon receiving the appropriate records of conviction, 10 the secretary of state shall revoke the operator's or chauffeur's 11 license of a person having any of the following, whether under a 12 law of this state, a local ordinance substantially corresponding 13 to a law of this state, or a law of another state substantially 14 corresponding to a law of this state: 15 (a) Any combination of 2 convictions within 7 years for any 16 of the following: 17 (i) Reckless driving in violation of section 626. 18 (ii) A violation or attempted violation of section 653a(3). 19 (b) Two convictions of a felony in which a motor vehicle was 20 used within 7 years. 21 (c) Any combination of 2 convictions within 7 years for any 22 of the following or a combination of 1 conviction for a violation 23 or attempted violation of section 625(6) and 1 conviction for any 24 of the following within 7 years: 25 (i) A violation or attempted violation of section 625(1), 26 (3), (4), (5), or (7), section 653a(4), or section 904(4) or 27 (5). 00772'01 b ** 7 1 (ii) A violation of former section 625(1) or (2) or former 2 section 625b. 3 (iii) A violation or attempted violation of section 625m. 4 (iv) Negligent homicide, manslaughter, or murder resulting 5 from the operation of a vehicle or an attempt to commit any of 6 those crimes. 7 (d) One conviction for a violation or attempted violation of 8 section 625(4) or (5), section 653a(4), or section 904(4) or 9 (5). 10 (e) One conviction of negligent homicide, manslaughter, or 11 murder resulting from the operation of a vehicle or an attempt to 12 commit any of those crimes. 13 (f) Any combination of 3 convictions within 10 years for any 14 of the following or 1 conviction for a violation or attempted 15 violation of section 625(6) and any combination of 2 convictions 16 for any of the following within 10 years, if any of the convic- 17 tions resulted from an arrest on or after January 1, 1992: 18 (i) A violation or attempted violation of section 625(1), 19 (3), (4), (5), or (7), section 653a(4), or section 904(4) or 20 (5). 21 (ii) A violation of former section 625(1) or (2) or former 22 section 625b. 23 (iii) A violation or attempted violation of section 625m. 24 (iv) Negligent homicide, manslaughter, or murder resulting 25 from the operation of a vehicle or an attempt to commit any of 26 those crimes. 00772'01 b ** 8 1 (g) A violation of section 602a(4) or (5) of this act or 2 section 479a(4) or (5) of the Michigan penal code, 1931 PA 328, 3 MCL 750.479a. 4 (3) The secretary of state shall revoke a license under sub- 5 section (2) notwithstanding a court order. 6 (4) The secretary of state shall not issue a license under 7 this act to a person whose license has been revoked under this 8 act or denied under subsection (1)(d), (e), (f), (i), (j), or (r) 9 until all of the following occur, as applicable: 10 (a) The later of the following: 11 (i) The expiration of not less than 1 year after the license 12 was revoked or denied. 13 (ii) The expiration of not less than 5 years after the date 14 of a subsequent revocation or denial occurring within 7 years 15 after the date of any prior revocation or denial. 16 (b) For a denial under subsection (1)(f), (i), or (j) based 17 on prima facie evidence, the person rebuts the presumption 18 resulting from the prima facie evidence by clear and convincing 19 evidence. 20 (c) The person meets the requirements of the department. 21 (5) Multiple convictions or civil infraction determinations 22 resulting from the same incident shall be treated as a single 23 violation for purposes of denial or revocation of a license under 24 this section. 25 (6) As used in this section, "felony in which a motor vehi- 26 cle was used" means a felony during the commission of which the 27 person operated a motor vehicle and while operating the vehicle 00772'01 b ** 9 1 presented real or potential harm to persons or property and 1 or 2 more of the following circumstances existed: 3 (a) The vehicle was used as an instrument of the felony. 4 (b) The vehicle was used to transport a victim of the 5 felony. 6 (c) The vehicle was used to flee the scene of the felony. 7 (d) The vehicle was necessary for the commission of the 8 felony. 9 Sec. 319. (1) The secretary of state shall immediately sus- 10 pend a person's license as provided in this section upon receiv- 11 ing a record of the person's conviction for a crime described in 12 this section, whether the conviction is under a law of this 13 state, a local ordinance substantially corresponding to a law of 14 this state, or a law of another state substantially corresponding 15 to a law of this state. 16 (2) The secretary of state shall suspend the person's 17 license for 1 year for any of the following crimes: 18 (a) Fraudulently altering or forging documents pertaining to 19 motor vehicles in violation of section 257. 20 (b) A violation of section 413 of the Michigan penal code, 21 1931 PA 328, MCL 750.413. 22 (c) A violation of section 1 of 1931 PA 214, MCL 752.191. 23 (d) Failing to stop and disclose identity at the scene of an 24 accident resulting in death or serious injury in violation of 25 section 617. 26 (e) A felony in which a motor vehicle was used. As used in 27 this section, "felony in which a motor vehicle was used" means a 00772'01 b ** 10 1 felony during the commission of which the person convicted 2 operated a motor vehicle and while operating the vehicle 3 presented real or potential harm to persons or property and 1 or 4 more of the following circumstances existed: 5 (i) The vehicle was used as an instrument of the felony. 6 (ii) The vehicle was used to transport a victim of the 7 felony. 8 (iii) The vehicle was used to flee the scene of the felony. 9 (iv) The vehicle was necessary for the commission of the 10 felony. 11 (f) A violation of section 602a(2) or (3) of this act or 12 section 479a(2) or (3) of the Michigan penal code, 1931 PA 328, 13 MCL 750.479a. 14 (3) The secretary of state shall suspend the person's 15 license for 90 days for any of the following crimes: 16 (a) Failing to stop and disclose identity at the scene of an 17 accident resulting in injury in violation of section 617a. 18 (b) A violation of section 626 or section 653a(3). 19 (c) Malicious destruction resulting from the operation of a 20 vehicle under section 382(1)(b), (c), or (d) of the Michigan 21 penal code, 1931 PA 328, MCL 750.382. 22 (d) A violation of section 703(2) of the Michigan liquor 23 control code of 1998, 1998 PA 58, MCL 436.1703. 24 (4) The secretary of state shall suspend the person's 25 license for 30 days for malicious destruction resulting from the 26 operation of a vehicle under section 382(1)(a) of the Michigan 27 penal code, 1931 PA 328, MCL 750.382. 00772'01 b ** 11 1 (5) For perjury or making a false certification to the 2 secretary of state under any law requiring the registration of a 3 motor vehicle or regulating the operation of a vehicle on a high- 4 way, the secretary shall suspend the person's license as 5 follows: 6 (a) If the person has no prior conviction for an offense 7 described in this subsection within 7 years, for 90 days. 8 (b) If the person has 1 or more prior convictions for an 9 offense described in this subsection within 7 years, for 1 year. 10 (6) For a violation of section 414 of the Michigan penal 11 code, 1931 PA 328, MCL 750.414, the secretary of state shall sus- 12 pend the person's license as follows: 13 (a) If the person has no prior conviction for that offense 14 within 7 years, for 90 days. 15 (b) If the person has 1 or more prior convictions for that 16 offense within 7 years, for 1 year. 17 (7) For a violation of section 624a or 624b of this act or 18 section 703(1) of the Michigan liquor control code of 1998, 1998 19 PA 58, MCL 436.1703, the secretary of state shall suspend the 20 person's license as follows: 21 (a) If the person has 1 prior conviction for an offense 22 described in this subsection or section 33b(1) of former 1933 (Ex 23 Sess) PA 8, for 90 days. The secretary of state may issue the 24 person a restricted license after the first 30 days of 25 suspension. 26 (b) If the person has 2 or more prior convictions for an 27 offense described in this subsection or section 33b(1) of former 00772'01 b ** 12 1 1933 (Ex Sess) PA 8, for 1 year. The secretary of state may 2 issue the person a restricted license after the first 60 days of 3 suspension. 4 (8) The secretary of state shall suspend the person's 5 license for a violation of section 625 or 625m as follows: 6 (a) For 180 days for a violation of section 625(1) if the 7 person has no prior convictions within 7 years. The secretary of 8 state may issue the person a restricted license during all or a 9 specified portion of the suspension, except that the secretary of 10 state shall not issue a restricted license during the first 30 11 days of suspension. 12 (b) For 90 days for a violation of section 625(3) if the 13 person has no prior convictions within 7 years. However, if the 14 person is convicted of a violation of section 625(3), for operat- 15 ing a vehicle when, due to the consumption of a controlled sub- 16 stance or a combination of intoxicating liquor and a controlled 17 substance, the person's ability to operate the vehicle was visi- 18 bly impaired, the secretary of state shall suspend the person's 19 license under this subdivision for 180 days. The secretary of 20 state may issue the person a restricted license during all or a 21 specified portion of the suspension. 22 (c) For 30 days for a violation of section 625(6) if the 23 person has no prior convictions within 7 years. The secretary of 24 state may issue the person a restricted license during all or a 25 specified portion of the suspension. 00772'01 b ** 13 1 (d) For 90 days for a violation of section 625(6) if the 2 person has 1 or more prior convictions for that offense within 7 3 years. 4 (e) For 180 days for a violation of section 625(7) if the 5 person has no prior convictions within 7 years. The secretary of 6 state may issue the person a restricted license after the first 7 90 days of suspension. 8 (f) For 90 days for a violation of section 625m if the 9 person has no prior convictions within 7 years. The secretary of 10 state may issue the person a restricted license during all or a 11 specified portion of the suspension. 12 (9) For a violation of section 367c of the Michigan penal 13 code, 1931 PA 328, MCL 750.367c, the secretary of state shall 14 suspend the person's license as follows: 15 (a) If the person has no prior conviction for an offense 16 described in this subsection within 7 years, for 6 months. 17 (b) If the person has 1 or more convictions for an offense 18 described in this subsection within 7 years, for 1 year. 19 (10) For a violation of section 315(4), the secretary of 20 state may suspend the person's license for 6 months and shall 21 revoke the person's license for a second or subsequent conviction 22 as required under section 315(5). 23 (11) THE SECRETARY OF STATE SHALL IMMEDIATELY SUSPEND A 24 PERSON'S LICENSE FOR THE PERIOD PRESCRIBED IN AN ORDER ENTERED 25 UNDER SECTION 17E(2)(B) OR (4) OF CHAPTER XIIA OF THE PROBATE 26 CODE OF 1939, 1939 PA 288, MCL 712A.17E. 00772'01 b ** 14 1 (12)(11)Except as provided in subsection(13)(14), a 2 suspension under this section shall be imposed notwithstanding a 3 court order. 4 (13)(12)If the secretary of state receives records of 5 more than 1 conviction of a person resulting from the same inci- 6 dent, a suspension shall be imposed only for the violation to 7 which the longest period of suspension applies under this 8 section. 9 (14)(13)The secretary of state may waive a suspension of 10 a person's license imposed under this act if the person submits 11 proof that a court in another state revoked, suspended, or 12 restricted his or her license for a period equal to or greater 13 than the period of a suspension prescribed under this act for the 14 violation and that the revocation, suspension, or restriction was 15 served for the violation, or may grant a restricted license. 16 (15)(14)The secretary of state shall not issue a 17 restricted license to a person whose license is suspended under 18 this section unless a restricted license is authorized under this 19 section and the person is otherwise eligible for a license. 20 (16)(15)The secretary of state shall not issue a 21 restricted license to a person under subsection (8) that would 22 permit the person to operate a commercial motor vehicle that 23 hauls hazardous material. 24 (17)(16)A restricted license issued under this section 25 shall permit the person to whom it is issued to drive under 1 or 26 more of the following circumstances: 00772'01 b ** 15 1 (a) In the course of the person's employment or occupation. 2 (b) To and from any combination of the following: 3 (i) The person's residence. 4 (ii) The person's work location. 5 (iii) An alcohol or drug education or treatment program as 6 ordered by the court. 7 (iv) The court probation department. 8 (v) A court-ordered community service program. 9 (vi) An educational institution at which the person is 10 enrolled as a student. 11 (vii) A place of regularly occurring medical treatment for a 12 serious condition for the person or a member of the person's 13 household or immediate family. 14 (18)(17)While driving with a restricted license, the 15 person shall carry proof of his or her destination and the hours 16 of any employment, class, or other reason for traveling and shall 17 display that proof upon a peace officer's request. 18 (19)(18)Subject to subsection(20)(21), as used in 19 subsection (8), "prior conviction" means a conviction for any of 20 the following, whether under a law of this state, a local ordi- 21 nance substantially corresponding to a law of this state, or a 22 law of another state substantially corresponding to a law of this 23 state: 24 (a) Except as provided in subsection(19)(20), a viola- 25 tion or attempted violation of section 625(1), (3), (4), (5), 26 (6), or (7), section 625m, former section 625(1) or (2), or 27 former section 625b. 00772'01 b ** 16 1 (b) Negligent homicide, manslaughter, or murder resulting 2 from the operation of a vehicle or an attempt to commit any of 3 those crimes. 4 (20)(19)Except for purposes of the suspensions described 5 in subsection (8)(c) and (d), only 1 violation or attempted vio- 6 lation of section 625(6), a local ordinance substantially corre- 7 sponding to section 625(6), or a law of another state substan- 8 tially corresponding to section 625(6) may be used as a prior 9 conviction. 10 (21)(20)If 2 or more convictions described in subsection 11(18)(19) are convictions for violations arising out of the 12 same transaction, only 1 conviction shall be used to determine 13 whether the person has a prior conviction. 14 Enacting section 1. This amendatory act does not take 15 effect unless all of the following bills of the 91st Legislature 16 are enacted into law: 17 (a) Senate Bill No. _____ or House Bill No. 4844 (request 18 no. 00772'01 **). 19 (b) Senate Bill No. _____ or House Bill No. 4845 (request 20 no. 00772'01 a **). 21 (c) Senate Bill No. _____ or House Bill No. _____ (request 22 no. H02107'01 **). 00772'01 b ** Final page. MRM