Senate Introduced Bill B00373

SENATE BILL No. 373

March 29, 2001, Introduced by Senators BULLARD, DUNASKISS, MC COTTER,

SIKKEMA, NORTH, JOHNSON and HAMMERSTROM and referred to the

Committee on Transportation and Tourism.

A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending sections 303, 319, 320a, 601b, 625, 625m, 732, and

904d (MCL 257.303, 257.319, 257.320a, 257.601b, 257.625,

257.625m, 257.732, and 257.904d), sections 303, 319, 320a, 625,

625m, 732, and 904d as amended by 2000 PA 460 and section 601b as

added by 1996 PA 320.

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.

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1 (c) A person whose license has been suspended during the

2 period for which the license was suspended.

3 (d) A person who has been convicted of or received a juve-

4 nile disposition for a violation of SECTION 601B(3), section

5 625(4) or (5), section 653a(4), or section 904(4) or (5).

6 (e) A person who has been convicted of or received a juve-

7 nile disposition for negligent homicide, manslaughter, or murder

8 resulting from the operation of a vehicle.

9 (f) A person who is an habitual violator of the criminal

10 laws relating to operating a vehicle while impaired by or under

11 the influence of intoxicating liquor, a controlled substance, or

12 a combination of intoxicating liquor and a controlled substance

13 or with an alcohol content of 0.10 grams or more per 100 millili-

14 ters of blood, per 210 liters of breath, or per 67 milliliters of

15 urine. Convictions of any of the following, whether under a law

16 of this state, a local ordinance substantially corresponding to a

17 law of this state, or a law of another state substantially corre-

18 sponding to a law of this state, are prima facie evidence that

19 the person is an habitual violator as described in this

20 subdivision:

21 (i) 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 (A) A violation or attempted violation of SECTION 601B(3),

26 section 625(1), (3), (4), (5), or (7), section 653a(4), or

27 section 904(4) or (5).

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1 (B) A violation of former section 625(1) or (2) or former

2 section 625b.

3 (C) A violation or attempted violation of section 625m.

4 (D) Negligent homicide, manslaughter, or murder resulting

5 from the operation of a vehicle or an attempt to commit any of

6 those crimes.

7 (ii) Any combination of 3 convictions within 10 years for

8 any of the following or 1 conviction for a violation or attempted

9 violation of section 625(6) and any combination of 2 convictions

10 for any of the following within 10 years, if any of the convic-

11 tions resulted from an arrest on or after January 1, 1992:

12 (A) A violation or attempted violation of SECTION 601B(3),

13 section 625(1), (3), (4), (5), or (7), section 653a(4), or sec-

14 tion 904(4) or (5).

15 (B) A violation of former section 625(1) or (2) or former

16 section 625b.

17 (C) A violation or attempted violation of section 625m.

18 (D) Negligent homicide, manslaughter, or murder resulting

19 from the operation of a vehicle or an attempt to commit any of

20 those crimes.

21 (g) A person who in the opinion of the secretary of state is

22 afflicted with or suffering from a physical or mental disability

23 or disease preventing that person from exercising reasonable and

24 ordinary control over a motor vehicle while operating the motor

25 vehicle upon the highways.

26 (h) A person who is unable to understand highway warning or

27 direction signs in the English language.

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1 (i) A person who is an habitually reckless driver. Two

2 convictions within 7 years for violating any combination of

3 SECTION 601B(2), section 626, or section 653a(3) or a local ordi-

4 nance of this state or a law of another state substantially simi-

5 lar to SECTION 601B(2), section 626, or section 653a(3) are prima

6 facie evidence that the person is an habitually reckless driver.

7 (j) A person who is an habitual criminal. Two convictions

8 of a felony in which a motor vehicle was used in this or another

9 state are prima facie evidence that the person is an habitual

10 criminal.

11 (k) A person who is unable to pass a knowledge, skill, or

12 ability test administered by the secretary of state in connection

13 with the issuance of an original operator's or chauffeur's

14 license, original motorcycle indorsement, or an original or

15 renewal of a vehicle group designation or vehicle indorsement.

16 (l) A person who has been convicted of, has received a juve-

17 nile disposition for, or has been determined responsible for 2 or

18 more moving violations under a law of this state, a local ordi-

19 nance substantially corresponding to a law of this state, or a

20 law of another state substantially corresponding to a law of this

21 state within the preceding 3 years, if the violations occurred

22 before issuance of an original license to the person in this or

23 another state.

24 (m) A nonresident including a foreign exchange student.

25 (n) A person who has failed to answer a citation or notice

26 to appear in court or for any matter pending or fails to comply

27 with an order or judgment of the court, including, but not

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1 limited to, paying all fines, costs, fees, and assessments, in

2 violation of section 321a, until that person answers the citation

3 or notice to appear in court or for any matter pending or com-

4 plies with an order or judgment of the court, including, but not

5 limited to, paying all fines, costs, fees, and assessments, as

6 provided under section 321a.

7 (o) A person not licensed under this act who has been con-

8 victed of, has received a juvenile disposition for, or has been

9 determined responsible for a crime or civil infraction described

10 in section 319, 324, or 904. A person shall be denied a license

11 under this subdivision for the length of time corresponding to

12 the period of the licensing sanction that would have been imposed

13 under section 319, 324, or 904 if the person had been licensed at

14 the time of the violation.

15 (p) A person not licensed under this act who has been con-

16 victed of or received a juvenile disposition for committing a

17 crime described in section 319e. A person shall be denied a

18 license under this subdivision for the length of time that corre-

19 sponds to the period of the licensing sanction that would have

20 been imposed under section 319e if the person had been licensed

21 at the time of the violation.

22 (q) A person not licensed under this act who is determined

23 to have violated section 33b(1) of former 1933 (Ex Sess) PA 8,

24 section 703(1) of the Michigan liquor control code of 1998, 1998

25 PA 58, MCL 436.1703, or section 624a or 624b of this act. The

26 person shall be denied a license under this subdivision for a

27 period of time that corresponds to the period of the licensing

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1 sanction that would have been imposed under those sections had

2 the person been licensed at the time of the violation.

3 (r) A person who has been convicted of a violation of sec-

4 tion 602a(4) or (5) of this act or a violation of section 479a(4)

5 or (5) of the Michigan penal code, 1931 PA 328, MCL 750.479a.

6 (2) Upon receiving the appropriate records of conviction,

7 the secretary of state shall revoke the operator's or chauffeur's

8 license of a person having any of the following, whether under a

9 law of this state, a local ordinance substantially corresponding

10 to a law of this state, or a law of another state substantially

11 corresponding to a law of this state:

12 (a) Any combination of 2 convictions within 7 years for any

13 of the following:

14 (i) A VIOLATION OR ATTEMPTED VIOLATION OF SECTION 601B(2).

15 (ii) (i) Reckless driving in violation of section 626.

16 (iii) (ii) A violation or attempted violation of section

17 653a(3).

18 (b) Two convictions of a felony in which a motor vehicle was

19 used within 7 years.

20 (c) Any combination of 2 convictions within 7 years for any

21 of the following or a combination of 1 conviction for a violation

22 or attempted violation of section 625(6) and 1 conviction for any

23 of the following within 7 years:

24 (i) A violation or attempted violation of SECTION 601B(3),

25 section 625(1), (3), (4), (5), or (7), section 653a(4), or sec-

26 tion 904(4) or (5).

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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 601B(3), section 625(4) or (5), section 653a(4), or sec-

9 tion 904(4) or (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 601B(3),

19 section 625(1), (3), (4), (5), or (7), section 653a(4), or sec-

20 tion 904(4) or (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.

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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

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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

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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 601B(2), section 626, or section

19 653a(3).

20 (c) Malicious destruction resulting from the operation of a

21 vehicle under section 382(1)(b), (c), or (d) of the Michigan

22 penal code, 1931 PA 328, MCL 750.382.

23 (d) A violation of section 703(2) of the Michigan liquor

24 control code of 1998, 1998 PA 58, MCL 436.1703.

25 (4) The secretary of state shall suspend the person's

26 license for 30 days for malicious destruction resulting from the

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1 operation of a vehicle under section 382(1)(a) of the Michigan

2 penal code, 1931 PA 328, MCL 750.382.

3 (5) For perjury or making a false certification to the sec-

4 retary of state under any law requiring the registration of a

5 motor vehicle or regulating the operation of a vehicle on a high-

6 way, the secretary shall suspend the person's license as

7 follows:

8 (a) If the person has no prior conviction for an offense

9 described in this subsection within 7 years, for 90 days.

10 (b) If the person has 1 or more prior convictions for an

11 offense described in this subsection within 7 years, for 1 year.

12 (6) For a violation of section 414 of the Michigan penal

13 code, 1931 PA 328, MCL 750.414, the secretary of state shall sus-

14 pend the person's license as follows:

15 (a) If the person has no prior conviction for that offense

16 within 7 years, for 90 days.

17 (b) If the person has 1 or more prior convictions for that

18 offense within 7 years, for 1 year.

19 (7) For a violation of section 624a or 624b of this act or

20 section 703(1) of the Michigan liquor control code of 1998, 1998

21 PA 58, MCL 436.1703, the secretary of state shall suspend the

22 person's license as follows:

23 (a) If the person has 1 prior conviction for an offense

24 described in this subsection or section 33b(1) of former 1933 (Ex

25 Sess) PA 8, for 90 days. The secretary of state may issue the

26 person a restricted license after the first 30 days of

27 suspension.

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1 (b) If the person has 2 or more prior convictions for an

2 offense described in this subsection or section 33b(1) of former

3 1933 (Ex Sess) PA 8, for 1 year. The secretary of state may

4 issue the person a restricted license after the first 60 days of

5 suspension.

6 (8) The secretary of state shall suspend the person's

7 license for a violation of section 625 or 625m as follows:

8 (a) For 180 days for a violation of section 625(1) 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, except that the secretary of

12 state shall not issue a restricted license during the first 30

13 days of suspension.

14 (b) For 90 days for a violation of section 625(3) if the

15 person has no prior convictions within 7 years. However, if the

16 person is convicted of a violation of section 625(3), for operat-

17 ing a vehicle when, due to the consumption of a controlled sub-

18 stance or a combination of intoxicating liquor and a controlled

19 substance, the person's ability to operate the vehicle was visi-

20 bly impaired, the secretary of state shall suspend the person's

21 license under this subdivision for 180 days. The secretary of

22 state may issue the person a restricted license during all or a

23 specified portion of the suspension.

24 (c) For 30 days for a violation of section 625(6) if the

25 person has no prior convictions within 7 years. The secretary of

26 state may issue the person a restricted license during all or a

27 specified portion of the suspension.

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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) Except as provided in subsection (13), a suspension

24 under this section shall be imposed notwithstanding a court

25 order.

26 (12) If the secretary of state receives records of more than

27 1 conviction of a person resulting from the same incident, a

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1 suspension shall be imposed only for the violation to which the

2 longest period of suspension applies under this section.

3 (13) The secretary of state may waive a suspension of a

4 person's license imposed under this act if the person submits

5 proof that a court in another state revoked, suspended, or

6 restricted his or her license for a period equal to or greater

7 than the period of a suspension prescribed under this act for the

8 violation and that the revocation, suspension, or restriction was

9 served for the violation, or may grant a restricted license.

10 (14) The secretary of state shall not issue a restricted

11 license to a person whose license is suspended under this section

12 unless a restricted license is authorized under this section and

13 the person is otherwise eligible for a license.

14 (15) The secretary of state shall not issue a restricted

15 license to a person under subsection (8) that would permit the

16 person to operate a commercial motor vehicle that hauls hazardous

17 material.

18 (16) A restricted license issued under this section shall

19 permit the person to whom it is issued to drive under 1 or more

20 of the following circumstances:

21 (a) In the course of the person's employment or occupation.

22 (b) To and from any combination of the following:

23 (i) The person's residence.

24 (ii) The person's work location.

25 (iii) An alcohol or drug education or treatment program as

26 ordered by the court.

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1 (iv) The court probation department.

2 (v) A court-ordered community service program.

3 (vi) An educational institution at which the person is

4 enrolled as a student.

5 (vii) A place of regularly occurring medical treatment for a

6 serious condition for the person or a member of the person's

7 household or immediate family.

8 (17) While driving with a restricted license, the person

9 shall carry proof of his or her destination and the hours of any

10 employment, class, or other reason for traveling and shall dis-

11 play that proof upon a peace officer's request.

12 (18) Subject to subsection (20), as used in subsection (8),

13 "prior conviction" means a conviction for any of the following,

14 whether under a law of this state, a local ordinance substan-

15 tially corresponding to a law of this state, or a law of another

16 state substantially corresponding to a law of this state:

17 (a) Except as provided in subsection (19), a violation or

18 attempted violation of section 625(1), (3), (4), (5), (6), or

19 (7), section 625m, former section 625(1) or (2), or former sec-

20 tion 625b.

21 (b) Negligent homicide, manslaughter, or murder resulting

22 from the operation of a vehicle or an attempt to commit any of

23 those crimes.

24 (19) Except for purposes of the suspensions described in

25 subsection (8)(c) and (d), only 1 violation or attempted viola-

26 tion of section 625(6), a local ordinance substantially

27 corresponding to section 625(6), or a law of another state

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1 substantially corresponding to section 625(6) may be used as a

2 prior conviction.

3 (20) If 2 or more convictions described in subsection (18)

4 are convictions for violations arising out of the same transac-

5 tion, only 1 conviction shall be used to determine whether the

6 person has a prior conviction.

7 Sec. 320a. (1) The secretary of state, within 10 days after

8 the receipt of a properly prepared abstract from this or another

9 state, shall record the date of conviction, civil infraction

10 determination, or probate court disposition, and the number of

11 points for each, based on the following formula, except as other-

12 wise provided in this section and section 629c:

13 (a) Manslaughter, negligent homicide, or a felony

14 resulting from the operation of a motor vehicle, ORV,

15 or snowmobile.......................................... 6 points

16 (b) A violation of section 601B(3) OR 653a(4)..... 6 points

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

18 (7), section 81134 or 82127(1) of the natural resources

19 and environmental protection act, 1994 PA 451,

20 MCL 324.81134 and 324.82127, or a law or ordinance sub-

21 stantially corresponding to section 625(1), (4), (5),

22 or (7) or, section 81134 or 82127(1) of the natural

23 resources and environmental protection act, 1994

24 PA 451, MCL 324.81134 and 324.82127.................... 6 points

25 (d) Failing to stop and disclose identity at the

26 scene of an accident when required by law.............. 6 points

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1 (e) Operating a motor vehicle in violation of

2 SECTION 601B(2), section 626, or section 653a(3)....... 6 points

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

4 (g) Violation of any law or ordinance pertaining

5 to speed by exceeding the lawful maximum by more than

6 15 miles per hour...................................... 4 points

7 (h) Violation of section 625(3) or (6), section

8 81135 or 82127(3) of the natural resources and environ-

9 mental protection act, 1994 PA 451, MCL 324.81135 and

10 324.82127, or a law or ordinance substantially corre-

11 sponding to section 625(3) or (6) or, section 81135 or

12 82127(3) of the natural resources and environmental

13 protection act, 1994 PA 451, MCL 324.81135 and

14 324.82127.............................................. 4 points

15 (i) Violation of section 626a or a law or ordi-

16 nance substantially corresponding to section 626a...... 4 points

17 (j) Violation of section 653a(2).................. 4 points

18 (k) Violation of any law or ordinance pertaining

19 to speed by exceeding the lawful maximum by more than

20 10 but not more than 15 miles per hour or careless

21 driving in violation of section 626b or a law or ordi-

22 nance substantially corresponding to section 626b...... 3 points

23 (l) Violation of any law or ordinance pertaining

24 to speed by exceeding the lawful maximum by 10 miles

25 per hour or less....................................... 2 points

26 (m) Disobeying a traffic signal or stop sign, or

27 improper passing....................................... 3 points

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1 (n) Violation of section 624a, 624b, or a law or

2 ordinance substantially corresponding to section 624a

3 or 624b................................................ 2 points

4 (o) Violation of section 310e(4) or (6) or a law

5 or ordinance substantially corresponding to section

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

7 (p) All other moving violations pertaining to the

8 operation of motor vehicles reported under this section 2 points

9 (q) A refusal by a person less than 21 years of

10 age to submit to a preliminary breath test required by

11 a peace officer under section 625a..................... 2 points

12 (2) Points shall not be entered for a violation of section

13 310e(14), 311, 625m, 658, 717, 719, 719a, or 723.

14 (3) Points shall not be entered for bond forfeitures.

15 (4) Points shall not be entered for overweight loads or for

16 defective equipment.

17 (5) If more than 1 conviction, civil infraction determina-

18 tion, or probate court disposition results from the same inci-

19 dent, points shall be entered only for the violation that

20 receives the highest number of points under this section.

21 (6) If a person has accumulated 9 points as provided in this

22 section, the secretary of state may call the person in for an

23 interview as to the person's driving ability and record after due

24 notice as to time and place of the interview. If the person

25 fails to appear as provided in this subsection, the secretary of

26 state shall add 3 points to the person's record.

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1 (7) If a person violates a speed restriction established by

2 an executive order issued during a state of energy emergency as

3 provided by 1982 PA 191, MCL 10.81 to 10.89, the secretary of

4 state shall enter points for the violation pursuant to subsection

5 (1).

6 (8) The secretary of state shall enter 6 points upon the

7 record of a person whose license is suspended or denied pursuant

8 to section 625f. However, if a conviction, civil infraction

9 determination, or probate court disposition results from the same

10 incident, additional points for that offense shall not be

11 entered.

12 (9) If a Michigan driver commits a violation in another

13 state that would be a civil infraction if committed in Michigan,

14 and a conviction results solely because of the failure of the

15 Michigan driver to appear in that state to contest the violation,

16 upon receipt of the abstract of conviction by the secretary of

17 state, the violation shall be noted on the driver's record, but

18 no points shall be assessed against his or her driver's license.

19 Sec. 601b. (1) Notwithstanding any other provision of this

20 act, a person responsible for a moving violation in a construc-

21 tion zone, at an emergency scene, or in a school zone during the

22 period beginning 30 minutes before school in the morning and

23 through 30 minutes after school in the afternoon is subject to a

24 fine that is double the fine otherwise prescribed for that moving

25 violation.

26 (2) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, A

27 PERSON WHO COMMITS A MOVING VIOLATION OF THIS ACT THAT CAUSES

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1 INJURY TO A CONSTRUCTION WORKER IN THE CONSTRUCTION ZONE AREA IS

2 GUILTY OF A FELONY PUNISHABLE BY A FINE OF NOT MORE THAN

3 $1,000.00 OR IMPRISONMENT FOR NOT MORE THAN 2 YEARS, OR BOTH.

4 (3) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, A

5 PERSON WHO COMMITS A MOVING VIOLATION OF THIS ACT THAT CAUSES

6 DEATH TO A CONSTRUCTION WORKER IN THE CONSTRUCTION ZONE AREA IS

7 GUILTY OF A FELONY PUNISHABLE BY A FINE OF NOT MORE THAN

8 $7,500.00 OR BY IMPRISONMENT FOR NOT MORE THAN 15 YEARS, OR BOTH.

9 (4) ~~(2)~~ Whenever practical, signs designed in compliance

10 with the uniform manual of traffic control devices shall be

11 appropriately placed at the construction zone by the state trans-

12 portation department or road authority having jurisdiction over

13 the construction zone notifying operators of vehicles ~~that~~ OF

14 THE INCREASED FINES AND PENALTIES PROVIDED BY THIS SECTION for

15 the protection and safety of construction workers. ~~the fine for~~

16 ~~a moving violation in this work area is double the fine otherwise~~

17 ~~prescribed for that moving violation.~~

18 (5) ~~(3)~~ As used in this section:

19 (a) "Construction zone" means a designated work area

20 described in section 627.

21 (b) "Emergency scene" means a traffic accident, a serious

22 incident caused by weather conditions, or another occurrence

23 along a highway or street for which a police officer, firefight-

24 er, or emergency medical personnel are summoned to aid an injured

25 victim.

26 (c) "Moving violation" means an act or omission prohibited

27 under this act or a local ordinance substantially corresponding

01390'01

1 to this act that occurs while a person is operating a motor

2 vehicle, and for which the person is subject to a fine.

3 (d) "School zone" means that term as defined in section

4 627a.

5 Sec. 625. (1) A person, whether licensed or not, shall not

6 operate a vehicle upon a highway or other place open to the gen-

7 eral public or generally accessible to motor vehicles, including

8 an area designated for the parking of vehicles, within this state

9 if either of the following applies:

10 (a) The person is under the influence of intoxicating

11 liquor, a controlled substance, or a combination of intoxicating

12 liquor and a controlled substance.

13 (b) The person has an alcohol content of 0.10 grams or more

14 per 100 milliliters of blood, per 210 liters of breath, or per 67

15 milliliters of urine.

16 (2) The owner of a vehicle or a person in charge or in con-

17 trol of a vehicle shall not authorize or knowingly permit the

18 vehicle to be operated upon a highway or other place open to the

19 general public or generally accessible to motor vehicles, includ-

20 ing an area designated for the parking of motor vehicles, within

21 this state by a person who is under the influence of intoxicating

22 liquor, a controlled substance, or a combination of intoxicating

23 liquor and a controlled substance, who has an alcohol content of

24 0.10 grams or more per 100 milliliters of blood, per 210 liters

25 of breath, or per 67 milliliters of urine, or whose ability to

26 operate the motor vehicle is visibly impaired due to the

01390'01

1 consumption of intoxicating liquor, a controlled substance, or a

2 combination of intoxicating liquor and a controlled substance.

3 (3) A person, whether licensed or not, shall not operate a

4 vehicle upon a highway or other place open to the general public

5 or generally accessible to motor vehicles, including an area des-

6 ignated for the parking of vehicles, within this state when, due

7 to the consumption of intoxicating liquor, a controlled sub-

8 stance, or a combination of intoxicating liquor and a controlled

9 substance, the person's ability to operate the vehicle is visibly

10 impaired. If a person is charged with violating subsection (1),

11 a finding of guilty under this subsection may be rendered.

12 (4) A person, whether licensed or not, who operates a motor

13 vehicle in violation of subsection (1) or (3) and by the opera-

14 tion of that motor vehicle causes the death of another person is

15 guilty of a crime as follows:

16 (a) Except as provided in subdivision (b), the person is

17 guilty of a felony punishable by imprisonment for not more than

18 15 years or a fine of not less than $2,500.00 or more than

19 $10,000.00, or both. The judgment of sentence may impose the

20 sanction permitted under section 625n. If the vehicle is not

21 ordered forfeited under section 625n, the court shall order vehi-

22 cle immobilization under section 904d in the judgment of

23 sentence.

24 (b) If, at the time of the violation, the person is operat-

25 ing a motor vehicle in a manner proscribed under section 601B OR

26 653a and causes the death of a police officer, firefighter,

27 CONSTRUCTION WORKER IN A CONSTRUCTION ZONE, or other emergency

01390'01

1 response personnel, the person is guilty of a felony punishable

2 by imprisonment for not more than 20 years or a fine of not less

3 than $2,500.00 or more than $10,000.00, or both. This subdivi-

4 sion applies regardless of whether the person is charged with the

5 violation of section 601B OR 653a. The judgment of sentence may

6 impose the sanction permitted under section 625n. If the vehicle

7 is not ordered forfeited under section 625n, the court shall

8 order vehicle immobilization under section 904d in the judgment

9 of sentence.

10 (5) A person, whether licensed or not, who operates a motor

11 vehicle in violation of subsection (1) or (3) and by the opera-

12 tion of that motor vehicle causes a serious impairment of a body

13 function of another person is guilty of a felony punishable by

14 imprisonment for not more than 5 years or a fine of not less than

15 $1,000.00 or more than $5,000.00, or both. The judgment of sen-

16 tence may impose the sanction permitted under section 625n. If

17 the vehicle is not ordered forfeited under section 625n, the

18 court shall order vehicle immobilization under section 904d in

19 the judgment of sentence. As used in this subsection, "serious

20 impairment of a body function" includes, but is not limited to, 1

21 or more of the following:

22 (a) Loss of a limb or use of a limb.

23 (b) Loss of a hand, foot, finger, or thumb or use of a hand,

24 foot, finger, or thumb.

25 (c) Loss of an eye or ear or use of an eye or ear.

26 (d) Loss or substantial impairment of a bodily function.

01390'01

1 (e) Serious visible disfigurement.

2 (f) A comatose state that lasts for more than 3 days.

3 (g) Measurable brain damage or mental impairment.

4 (h) A skull fracture or other serious bone fracture.

5 (i) Subdural hemorrhage or subdural hematoma.

6 (6) A person who is less than 21 years of age, whether

7 licensed or not, shall not operate a vehicle upon a highway or

8 other place open to the general public or generally accessible to

9 motor vehicles, including an area designated for the parking of

10 vehicles, within this state if the person has any bodily alcohol

11 content. As used in this subsection, "any bodily alcohol

12 content" means either of the following:

13 (a) An alcohol content of not less than 0.02 grams or more

14 than 0.07 grams per 100 milliliters of blood, per 210 liters of

15 breath, or per 67 milliliters of urine.

16 (b) Any presence of alcohol within a person's body resulting

17 from the consumption of intoxicating liquor, other than consump-

18 tion of intoxicating liquor as a part of a generally recognized

19 religious service or ceremony.

20 (7) A person, whether licensed or not, is subject to the

21 following requirements:

22 (a) He or she shall not operate a vehicle in violation of

23 subsection (1), (3), (4), or (5) while another person who is less

24 than 16 years of age is occupying the vehicle. A person who vio-

25 lates this subdivision is guilty of a crime punishable as

26 follows:

01390'01

1 (i) Except as provided in subparagraph (ii), a person who

2 violates this subdivision is guilty of a misdemeanor and shall be

3 sentenced to pay a fine of not less than $200.00 or more than

4 $1,000.00 and to 1 or more of the following:

5 (A) Imprisonment for not less than 5 days or more than 1

6 year. Not less than 48 hours of this imprisonment shall be

7 served consecutively. This term of imprisonment shall not be

8 suspended.

9 (B) Community service for not less than 30 days or more than

10 90 days.

11 (ii) If the violation occurs within 7 years of a prior con-

12 viction or within 10 years of 2 or more prior convictions, a

13 person who violates this subdivision is guilty of a felony and

14 shall be sentenced to pay a fine of not less than $500.00 or more

15 than $5,000.00 and to either of the following:

16 (A) Imprisonment under the jurisdiction of the department of

17 corrections for not less than 1 year or more than 5 years.

18 (B) Probation with imprisonment in the county jail for not

19 less than 30 days or more than 1 year and community service for

20 not less than 60 days or more than 180 days. Not less than 48

21 hours of this imprisonment shall be served consecutively. This

22 term of imprisonment shall not be suspended.

23 (b) He or she shall not operate a vehicle in violation of

24 subsection (6) while another person who is less than 16 years of

25 age is occupying the vehicle. A person who violates this subdi-

26 vision is guilty of a misdemeanor punishable as follows:

01390'01

1 (i) Except as provided in subparagraph (ii), a person who

2 violates this subdivision may be sentenced to 1 or more of the

3 following:

4 (A) Community service for not more than 60 days.

5 (B) A fine of not more than $500.00.

6 (C) Imprisonment for not more than 93 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 shall be sentenced to pay a

10 fine of not less than $200.00 or more than $1,000.00 and to 1 or

11 more of the following:

12 (A) Imprisonment for not less than 5 days or more than 1

13 year. Not less than 48 hours of this imprisonment shall be

14 served consecutively. This term of imprisonment shall not be

15 suspended.

16 (B) Community service for not less than 30 days or more than

17 90 days.

18 (c) In the judgment of sentence under subdivision (a)(i) or

19 (b)(i), the court may, unless the vehicle is ordered forfeited

20 under section 625n, order vehicle immobilization as provided in

21 section 904d. In the judgment of sentence under subdivision

22 (a)(ii) or (b)(ii), the court shall, unless the vehicle is

23 ordered forfeited under section 625n, order vehicle immobiliza-

24 tion as provided in section 904d.

25 (d) This subsection does not prohibit a person from being

26 charged with, convicted of, or punished for a violation of

27 subsection (4) or (5) that is committed by the person while

01390'01

1 violating this subsection. However, points shall not be assessed

2 under section 320a for both a violation of subsection (4) or (5)

3 and a violation of this subsection for conduct arising out of the

4 same transaction.

5 (8) If a person is convicted of violating subsection (1),

6 all of the following apply:

7 (a) Except as otherwise provided in subdivisions (b) and

8 (c), the person is guilty of a misdemeanor punishable by 1 or

9 more of the following:

10 (i) Community service for not more than 45 days.

11 (ii) Imprisonment for not more than 93 days.

12 (iii) A fine of not less than $100.00 or more than $500.00.

13 (b) If the violation occurs within 7 years of a prior con-

14 viction, the person shall be sentenced to pay a fine of not less

15 than $200.00 or more than $1,000.00 and 1 or more of the

16 following:

17 (i) Imprisonment for not less than 5 days or more than 1

18 year. Not less than 48 hours of the term of imprisonment imposed

19 under this subparagraph shall be served consecutively.

20 (ii) Community service for not less than 30 days or more

21 than 90 days.

22 (c) If the violation occurs within 10 years of 2 or more

23 prior convictions, the person is guilty of a felony and shall be

24 sentenced to pay a fine of not less than $500.00 or more than

25 $5,000.00 and to either of the following:

26 (i) Imprisonment under the jurisdiction of the department of

27 corrections for not less than 1 year or more than 5 years.

01390'01

1 (ii) Probation with imprisonment in the county jail for not

2 less than 30 days or more than 1 year and community service for

3 not less than 60 days or more than 180 days. Not less than 48

4 hours of the imprisonment imposed under this subparagraph shall

5 be served consecutively.

6 (d) A term of imprisonment imposed under subdivision (b) or

7 (c) shall not be suspended.

8 (e) In the judgment of sentence under subdivision (a), the

9 court may order vehicle immobilization as provided in

10 section 904d. In the judgment of sentence under subdivision (b)

11 or (c), the court shall, unless the vehicle is ordered forfeited

12 under section 625n, order vehicle immobilization as provided in

13 section 904d.

14 (f) In the judgment of sentence under subdivision (b) or

15 (c), the court may impose the sanction permitted under

16 section 625n.

17 (9) A person who is convicted of violating subsection (2) is

18 guilty of a crime as follows:

19 (a) Except as provided in subdivisions (b) and (c), a misde-

20 meanor punishable by imprisonment for not more than 93 days or a

21 fine of not less than $100.00 or more than $500.00, or both.

22 (b) If the person operating the motor vehicle violated sub-

23 section (4), a felony punishable by imprisonment for not more

24 than 5 years or a fine of not less than $1,500.00 or more than

25 $10,000.00, or both.

26 (c) If the person operating the motor vehicle violated

27 subsection (5), a felony punishable by imprisonment for not more

01390'01

1 than 2 years or a fine of not less than $1,000.00 or more than

2 $5,000.00, or both.

3 (10) If a person is convicted of violating subsection (3),

4 all of the following apply:

5 (a) Except as otherwise provided in subdivisions (b) and

6 (c), the person is guilty of a misdemeanor punishable by 1 or

7 more of the following:

8 (i) Community service for not more than 45 days.

9 (ii) Imprisonment for not more than 93 days.

10 (iii) A fine of not more than $300.00.

11 (b) If the violation occurs within 7 years of 1 prior con-

12 viction, the person shall be sentenced to pay a fine of not less

13 than $200.00 or more than $1,000.00, and 1 or more of the

14 following:

15 (i) Imprisonment for not less than 5 days or more than 1

16 year. Not less than 48 hours of the term of imprisonment imposed

17 under this subparagraph shall be served consecutively.

18 (ii) Community service for not less than 30 days or more

19 than 90 days.

20 (c) If the violation occurs within 10 years of 2 or more

21 prior convictions, the person is guilty of a felony and shall be

22 sentenced to pay a fine of not less than $500.00 or more than

23 $5,000.00 and either of the following:

24 (i) Imprisonment under the jurisdiction of the department of

25 corrections for not less than 1 year or more than 5 years.

26 (ii) Probation with imprisonment in the county jail for not

27 less than 30 days or more than 1 year and community service for

01390'01

1 not less than 60 days or more than 180 days. Not less than 48

2 hours of the imprisonment imposed under this subparagraph shall

3 be served consecutively.

4 (d) A term of imprisonment imposed under subdivision (b) or

5 (c) shall not be suspended.

6 (e) In the judgment of sentence under subdivision (a), the

7 court may order vehicle immobilization as provided in

8 section 904d. In the judgment of sentence under subdivision (b)

9 or (c), the court shall, unless the vehicle is ordered forfeited

10 under section 625n, order vehicle immobilization as provided in

11 section 904d.

12 (f) In the judgment of sentence under subdivision (b) or

13 (c), the court may impose the sanction permitted under

14 section 625n.

15 (11) If a person is convicted of violating subsection (6),

16 all of the following apply:

17 (a) Except as otherwise provided in subdivision (b), the

18 person is guilty of a misdemeanor punishable by 1 or both of the

19 following:

20 (i) Community service for not more than 45 days.

21 (ii) A fine of not more than $250.00.

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.

01390'01

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 to ~~776.22~~ 777.69.

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

13 based upon the defendant having 1 or more prior convictions, the

14 prosecuting attorney shall include on the complaint and informa-

15 tion, or an amended complaint and information, filed in district

16 court, circuit court, municipal court, or family division of cir-

17 cuit 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:

01390'01

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

01390'01

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

01390'01

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 (c) A violation of section 601B(3) OR 653a(4).

20 (24) Except for purposes of the enhancement described in

21 subsection (11)(b), only 1 violation or attempted violation of

22 subsection (6), a local ordinance substantially corresponding to

23 subsection (6), or a law of another state substantially corre-

24 sponding to subsection (6) may be used as a prior conviction.

25 (25) If 2 or more convictions described in subsection (23)

26 are convictions for violations arising out of the same

01390'01

1 transaction, only 1 conviction shall be used to determine whether

2 the person has a prior conviction.

3 Sec. 625m. (1) A person, whether licensed or not, who has

4 an alcohol content of 0.04 grams or more but not more than 0.07

5 grams per 100 milliliters of blood, per 210 liters of breath, or

6 per 67 milliliters of urine shall not operate a commercial motor

7 vehicle within this state.

8 (2) A peace officer may arrest a person without a warrant

9 under either of the following circumstances:

10 (a) The peace officer has reasonable cause to believe that

11 the person was, at the time of an accident, the driver of a com-

12 mercial motor vehicle involved in the accident and was operating

13 the vehicle in violation of this section or a local ordinance

14 substantially corresponding to this section.

15 (b) The person is found in the driver's seat of a commercial

16 motor vehicle parked or stopped on a highway or street within

17 this state if any part of the vehicle intrudes into the roadway

18 and the peace officer has reasonable cause to believe the person

19 was operating the vehicle in violation of this section or a local

20 ordinance substantially corresponding to this section.

21 (3) Except as otherwise provided in subsections (4) and (5),

22 a person who is convicted of a violation of this section or a

23 local ordinance substantially corresponding to this section is

24 guilty of a misdemeanor punishable by imprisonment for not more

25 than 93 days or a fine of not more than $300.00, or both,

26 together with costs of the prosecution.

01390'01

1 (4) A person who violates this section or a local ordinance

2 substantially corresponding to this section within 7 years of 1

3 prior conviction may be sentenced to imprisonment for not more

4 than 1 year or a fine of not more than $1,000.00, or both.

5 (5) A person who violates this section or a local ordinance

6 substantially corresponding to this section within 10 years of 2

7 or more prior convictions is guilty of a felony and shall be sen-

8 tenced to pay a fine of not less than $500.00 or more than

9 $5,000.00 and to either of the following:

10 (a) Imprisonment under the jurisdiction of the department of

11 corrections for not less than 1 year or more than 5 years.

12 (b) Probation with imprisonment in the county jail for not

13 less than 30 days or more than 1 year and community service for

14 not less than 60 days or more than 180 days. Not less than 48

15 hours of the imprisonment imposed under this subdivision shall be

16 served consecutively.

17 (6) A term of imprisonment imposed under subsection (4) or

18 (5) shall not be suspended.

19 (7) Subject to subsection (9), as used in this section,

20 "prior conviction" means a conviction for any of the following,

21 whether under a law of this state, a local ordinance substan-

22 tially corresponding to a law of this state, or a law of another

23 state substantially corresponding to a law of this state:

24 (a) Except as provided in subsection (8), a violation or

25 attempted violation of this section, section 625(1), (3), (4),

26 (5), (6), or (7), former section 625(1) or (2), or former section

27 625b.

01390'01

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 (c) A violation of section 601B(3) OR 653a(4).

5 (8) Only 1 violation or attempted violation of

6 section 625(6), a local ordinance substantially corresponding to

7 section 625(6), or a law of another state substantially corre-

8 sponding to section 625(6) may be used as a prior conviction.

9 (9) If 2 or more convictions described in subsection (7) are

10 convictions for violations arising out of the same transaction,

11 only 1 conviction shall be used to determine whether the person

12 has a prior conviction.

13 Sec. 732. (1) Each municipal judge and each clerk of a

14 court of record shall keep a full record of every case in which a

15 person is charged with or cited for a violation of this act or a

16 local ordinance substantially corresponding to this act regulat-

17 ing the operation of vehicles on highways and, beginning October

18 1, 2000, with those offenses pertaining to the operation of ORVs

19 or snowmobiles for which points are assessed under section

20 ~~320a(1)(b) or (f)~~ 320A(1)(C) OR (H). Except as provided in

21 subsection (15), the municipal judge or clerk of the court of

22 record shall prepare and forward to the secretary of state an

23 abstract of the court record as follows:

24 (a) Within 14 days after a conviction, forfeiture of bail,

25 or entry of a civil infraction determination or default judgment

26 upon a charge of or citation for violating or attempting to

01390'01

1 violate this act or a local ordinance substantially corresponding

2 to this act regulating the operation of vehicles on highways.

3 (b) Immediately for each case charging a violation of

4 section 625(1), (3), (4), (5), (6), or (7) or section 625m or a

5 local ordinance substantially corresponding to section 625(1),

6 (3), or (6) or section 625m in which the charge is dismissed or

7 the defendant is acquitted.

8 (c) ~~Beginning October 1, 2000, immediately~~ IMMEDIATELY for

9 each case charging a violation of section 82127(1) or (3), 81134,

10 or 81135 of the natural resources and environmental protection

11 act, 1994 PA 451, MCL 324.82127, 324.81134, and 324.81135, or a

12 local ordinance substantially corresponding to those sections.

13 (2) If a city or village department, bureau, or person is

14 authorized to accept a payment of money as a settlement for a

15 violation of a local ordinance substantially corresponding to

16 this act, the city or village department, bureau, or person shall

17 send a full report of each case in which a person pays any amount

18 of money to the city or village department, bureau, or person to

19 the secretary of state upon a form prescribed by the secretary of

20 state.

21 (3) The abstract or report required under this section shall

22 be made upon a form furnished by the secretary of state. An

23 abstract shall be certified by signature, stamp, or facsimile

24 signature of the person required to prepare the abstract as

25 correct. An abstract or report shall include all of the

26 following:

01390'01

1 (a) The name, address, and date of birth of the person

2 charged or cited.

3 (b) The number of the person's operator's or chauffeur's

4 license, if any.

5 (c) The date and nature of the violation.

6 (d) The type of vehicle driven at the time of the violation

7 and, if the vehicle is a commercial motor vehicle, that vehicle's

8 group designation and indorsement classification.

9 (e) The date of the conviction, finding, forfeiture, judg-

10 ment, or civil infraction determination.

11 (f) Whether bail was forfeited.

12 (g) Any license restriction, suspension, or denial ordered

13 by the court as provided by law.

14 (h) The vehicle identification number and registration plate

15 number of all vehicles that are ordered immobilized or

16 forfeited.

17 (i) Other information considered necessary to the secretary

18 of state.

19 (4) The clerk of the court also shall forward an abstract of

20 the court record to the secretary of state upon a person's con-

21 viction involving any of the following:

22 (a) A violation of section 413, 414, or 479a of the Michigan

23 penal code, 1931 PA 328, MCL 750.413, 750.414, and 750.479a.

24 (b) A violation of section 1 of 1931 PA 214, MCL 752.191.

25 (c) Negligent homicide, manslaughter, or murder resulting

26 from the operation of a vehicle.

01390'01

1 (d) A violation of section 601B(3) OR 653a(4).

2 (e) A violation of section 703 of the Michigan liquor

3 control code of 1998, 1998 PA 58, MCL 436.1703, or a local ordi-

4 nance substantially corresponding to that section.

5 (f) An attempt to violate, a conspiracy to violate, or a

6 violation of part 74 or section 17766a of the public health code,

7 1978 PA 368, MCL 333.7401 to 333.7461 and 333.17766a, or a local

8 ordinance that prohibits conduct prohibited under part 74 or sec-

9 tion 17766a of the public health code, 1978 PA 368, MCL 333.7401

10 to 333.7461 and 333.17766a, unless the convicted person is sen-

11 tenced to life imprisonment or a minimum term of imprisonment

12 that exceeds 1 year for the offense.

13 (g) An attempt to commit an offense described in subdivi-

14 sions (a) to (e).

15 (5) As used in subsections (6) to (8), "felony in which a

16 motor vehicle was used" means a felony during the commission of

17 which the person operated a motor vehicle and while operating the

18 vehicle presented real or potential harm to persons or property

19 and 1 or more of the following circumstances existed:

20 (a) The vehicle was used as an instrument of the felony.

21 (b) The vehicle was used to transport a victim of the

22 felony.

23 (c) The vehicle was used to flee the scene of the felony.

24 (d) The vehicle was necessary for the commission of the

25 felony.

26 (6) If a person is charged with a felony in which a motor

27 vehicle was used, other than a felony specified in subsection (4)

01390'01

1 or section 319, the prosecuting attorney shall include the

2 following statement on the complaint and information filed in

3 district or circuit court:

4 "You are charged with the commission of a felony in which a

5 motor vehicle was used. If you are convicted and the judge finds

6 that the conviction is for a felony in which a motor vehicle was

7 used, as defined in section 319 of the Michigan vehicle code,

8 1949 PA 300, MCL 257.319, your driver's license shall be sus-

9 pended by the secretary of state.".

10 (7) If a juvenile is accused of an act, the nature of which

11 constitutes a felony in which a motor vehicle was used, other

12 than a felony specified in subsection (4) or section 319, the

13 prosecuting attorney or family division of circuit court shall

14 include the following statement on the petition filed in the

15 court:

16 "You are accused of an act the nature of which constitutes a

17 felony in which a motor vehicle was used. If the accusation is

18 found to be true and the judge or referee finds that the nature

19 of the act constitutes a felony in which a motor vehicle was

20 used, as defined in section 319 of the Michigan vehicle code,

21 1949 PA 300, MCL 257.319, your driver's license shall be sus-

22 pended by the secretary of state.".

23 (8) If the court determines as part of the sentence or dis-

24 position that the felony for which the person was convicted or

25 adjudicated and with respect to which notice was given under sub-

26 section (6) or (7) is a felony in which a motor vehicle was used,

01390'01

1 the clerk of the court shall forward an abstract of the court

2 record of that conviction to the secretary of state.

3 (9) As used in subsections (10) and (11), "felony in which a

4 commercial motor vehicle was used" means a felony during the com-

5 mission of which the person operated a commercial motor vehicle

6 and while the person was operating the vehicle 1 or more of the

7 following circumstances existed:

8 (a) The vehicle was used as an instrument of the felony.

9 (b) The vehicle was used to transport a victim of the

10 felony.

11 (c) The vehicle was used to flee the scene of the felony.

12 (d) The vehicle was necessary for the commission of the

13 felony.

14 (10) If a person is charged with a felony in which a commer-

15 cial motor vehicle was used and for which a vehicle group desig-

16 nation on a license is subject to suspension or revocation under

17 section 319b(1)(c)(iii), 319b(1)(d), or 319b(1)(e)(iii), or

18 319b(1)(f)(i), the prosecuting attorney shall include the follow-

19 ing statement on the complaint and information filed in district

20 or circuit court:

21 "You are charged with the commission of a felony in which a

22 commercial motor vehicle was used. If you are convicted and the

23 judge finds that the conviction is for a felony in which a com-

24 mercial motor vehicle was used, as defined in section 319b of the

25 Michigan vehicle code, 1949 PA 300, MCL 257.319b, all vehicle

26 group designations on your driver's license shall be suspended or

27 revoked by the secretary of state.".

01390'01

1 (11) If the judge determines as part of the sentence that

2 the felony for which the defendant was convicted and with respect

3 to which notice was given under subsection (10) is a felony in

4 which a commercial motor vehicle was used, the clerk of the court

5 shall forward an abstract of the court record of that conviction

6 to the secretary of state.

7 (12) Every person required to forward abstracts to the sec-

8 retary of state under this section shall certify for the period

9 from January 1 through June 30 and for the period from July 1

10 through December 31 that all abstracts required to be forwarded

11 during the period have been forwarded. The certification shall

12 be filed with the secretary of state not later than 28 days after

13 the end of the period covered by the certification. The certifi-

14 cation shall be made upon a form furnished by the secretary of

15 state and shall include all of the following:

16 (a) The name and title of the person required to forward

17 abstracts.

18 (b) The court for which the certification is filed.

19 (c) The time period covered by the certification.

20 (d) The following statement:

21 "I certify that all abstracts required by section 732 of the

22 Michigan vehicle code, MCL 257.732; MSA 9.2432, for the period

23 __________ through __________ have been forwarded to the secre-

24 tary of state.".

25 (e) Other information the secretary of state considers

26 necessary.

01390'01

1 (f) The signature of the person required to forward

2 abstracts.

3 (13) The failure, refusal, or neglect of a person to comply

4 with this section constitutes misconduct in office and is grounds

5 for removal from office.

6 (14) Except as provided in subsection (15), the secretary of

7 state shall keep all abstracts received under this section at the

8 secretary of state's main office and the abstracts shall be open

9 for public inspection during the office's usual business hours.

10 Each abstract shall be entered upon the master driving record of

11 the person to whom it pertains.

12 (15) Except for controlled substance offenses described in

13 subsection (4), the court shall not submit, and the secretary of

14 state shall discard and not enter on the master driving record,

15 an abstract for a conviction or civil infraction determination

16 for any of the following violations:

17 (a) The parking or standing of a vehicle.

18 (b) A nonmoving violation that is not the basis for the sec-

19 retary of state's suspension, revocation, or denial of an

20 operator's or chauffeur's license.

21 (c) A violation of chapter II that is not the basis for the

22 secretary of state's suspension, revocation, or denial of an

23 operator's or chauffeur's license.

24 (d) A pedestrian, passenger, or bicycle violation, other

25 than a violation of section 703(1) or (2) of the Michigan liquor

26 control code of 1998, 1998 PA 58, MCL 436.1703, or a local

27 ordinance substantially corresponding to section 703(1) or (2) of

01390'01

1 the Michigan liquor control code of 1998, 1998 PA 58,

2 MCL 436.1703, or section 624a or 624b or a local ordinance sub-

3 stantially corresponding to section 624a or 624b.

4 (e) A violation of section 710e or a local ordinance sub-

5 stantially corresponding to section 710e.

6 (16) The secretary of state shall discard and not enter on

7 the master driving record an abstract for a bond forfeiture that

8 occurred outside this state. However, the secretary of state

9 shall retain and enter on the master driving record an abstract

10 of an out-of-state bond forfeiture for an offense that occurred

11 after January 1, 1990 in connection with the operation of a com-

12 mercial motor vehicle.

13 (17) The secretary of state shall inform the courts of this

14 state of the nonmoving violations and violations of chapter II

15 that are used by the secretary of state as the basis for the sus-

16 pension, restriction, revocation, or denial of an operator's or

17 chauffeur's license.

18 (18) If a conviction or civil infraction determination is

19 reversed upon appeal, the person whose conviction or determina-

20 tion has been reversed may serve on the secretary of state a cer-

21 tified copy of the order of reversal. The secretary of state

22 shall enter the order in the proper book or index in connection

23 with the record of the conviction or civil infraction

24 determination.

25 (19) The secretary of state may permit a city or village

26 department, bureau, person, or court to modify the requirement as

27 to the time and manner of reporting a conviction, civil

01390'01

1 infraction determination, or settlement to the secretary of state

2 if the modification will increase the economy and efficiency of

3 collecting and utilizing the records. If the permitted abstract

4 of court record reporting a conviction, civil infraction determi-

5 nation, or settlement originates as a part of the written notice

6 as TO appear, authorized in section 728(1) or 742(1), the form

7 of the written notice and report shall be as prescribed by the

8 secretary of state.

9 (20) Except as provided in this act and notwithstanding any

10 other provision of law, a court shall not order expunction of any

11 violation reportable to the secretary of state under this

12 section.

13 Sec. 904d. (1) Vehicle immobilization applies as follows:

14 (a) For a conviction under section 625(1), (3), or (7) or a

15 local ordinance substantially corresponding to section 625(1) or

16 (3) with no prior convictions, the court may order vehicle immo-

17 bilization for not more than 180 days.

18 (b) For a conviction under section 625(4) or (5) with no

19 prior convictions, the court shall order vehicle immobilization

20 for not more than 180 days.

21 (c) For a conviction under section 625(1), (3), (4), (5), or

22 (7) within 7 years after a prior conviction, the court shall

23 order vehicle immobilization for not less than 90 days or more

24 than 180 days.

25 (d) For a conviction under section 625(1), (3), (4), (5), or

26 (7) within 10 years after 2 or more prior convictions, the court

01390'01

1 shall order vehicle immobilization for not less than 1 year or

2 more than 3 years.

3 (2) For a conviction or civil infraction determination

4 resulting from a violation that occurred during a period of sus-

5 pension, revocation, or denial, the following apply:

6 (a) Except as provided in subdivision (b), for 1 prior sus-

7 pension, revocation, or denial under section 904(10), (11), or

8 (12) or former section 904(2) or (4) within the past 7 years, the

9 court may order vehicle immobilization for not more than 180

10 days.

11 (b) Except as provided in subdivisions (c) and (d), if the

12 person is convicted under section 904(4) or (5), the court shall

13 order vehicle immobilization for not more than 180 days.

14 (c) For any combination of 2 or 3 prior suspensions, revoca-

15 tions, or denials under section 904(10), (11), or (12) or former

16 section 904(2) or (4) within the past 7 years, the court shall

17 order vehicle immobilization for not less than 90 days or more

18 than 180 days.

19 (d) For any combination of 4 or more prior suspensions,

20 revocations, or denials under section 904(10), (11), or (12) or

21 former section 904(2) or (4) within the past 7 years, the court

22 shall order vehicle immobilization for not less than 1 year or

23 more than 3 years.

24 (3) The defendant shall provide to the court the vehicle

25 identification number and registration plate number of the vehi-

26 cle involved in the violation.

01390'01

1 (4) The court may order vehicle immobilization under this

2 section under either of the following circumstances:

3 (a) The defendant is the owner, co-owner, lessee, or

4 co-lessee of the vehicle operated during the violation.

5 (b) The owner, co-owner, lessee, or co-lessee knowingly per-

6 mitted the vehicle to be operated in violation of section 625(2)

7 or section 904(2) regardless of whether a conviction resulted.

8 (5) An order required to be issued under this section shall

9 not be suspended.

10 (6) If a defendant is ordered imprisoned for the violation

11 for which immobilization is ordered, the period of immobilization

12 shall begin at the end of the period of imprisonment.

13 (7) This section does not apply to any of the following:

14 (a) A suspension, revocation, or denial based on a violation

15 of the support and parenting time enforcement act, 1982 PA 295,

16 MCL 552.601 to 552.650.

17 (b) A vehicle that is registered in another state or that is

18 a rental vehicle.

19 (c) A vehicle owned by the federal government, this state,

20 or a local unit of government of this state.

21 (d) A vehicle not subject to registration under

22 section 216.

23 (e) Any of the following:

24 (i) A violation of chapter II.

25 (ii) A violation of chapter V.

26 (iii) A violation for failure to change address.

01390'01

1 (iv) A parking violation.

2 (v) A bad check violation.

3 (vi) An equipment violation.

4 (vii) A pedestrian, passenger, or bicycle violation, other

5 than a violation of section 703(1) or (2) of the Michigan liquor

6 control code of 1998, 1998 PA 58, MCL 436.1703, or a local ordi-

7 nance substantially corresponding to section 703(1) or (2) of the

8 Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1703,

9 or section 624a or 624b or a local ordinance substantially corre-

10 sponding to section 624a or 624b.

11 (viii) A violation of a local ordinance substantially corre-

12 sponding to a violation described in subparagraphs (i) to (vii).

13 (8) As used in this section:

14 (a) Subject to subsection (9), "prior conviction" means a

15 conviction for any of the following, whether under a law of this

16 state, a local ordinance substantially corresponding to a law of

17 this state, or a law of another state substantially corresponding

18 to a law of this state:

19 (i) Except as otherwise provided in this subparagraph, a

20 violation or attempted violation of section 625(1), (3), (4),

21 (5), (6), or (7), section 625m, former section 625(1) or (2), or

22 former section 625b. However, only 1 violation or attempted vio-

23 lation of section 625(6), a local ordinance substantially corre-

24 sponding to section 625(6), or a law of another state substan-

25 tially corresponding to section 625(6) may be used as a prior

26 conviction.

01390'01

1 (ii) Negligent homicide, manslaughter, or murder resulting

2 from the operation of a vehicle or an attempt to commit any of

3 those crimes.

4 (iii) A violation of section 601B(2) OR 653a(3).

5 (b) "Vehicle immobilization" means requiring the motor vehi-

6 cle involved in the violation immobilized in a manner provided in

7 section 904e.

8 (9) If 2 or more convictions described in subsection (8)(a)

9 are convictions for violations arising out of the same incident,

10 only 1 conviction shall be used to determine whether the person

11 has a prior conviction.

01390'01 Final page. TJS