December 6, 2005, Introduced by Reps. Pearce, Jones, Ball, Schuitmaker, Accavitti, LaJoy, Kooiman, Hildenbrand, Gaffney, Mortimer and David Law and referred to the Committee on Judiciary.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 320a and 907 (MCL 257.320a and 257.907),
section 320a as amended by 2004 PA 495 and section 907 as amended
by 2005 PA 1, and by adding section 602b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 320a. (1) Until October 1, 2005, within 10 days after the
receipt of a properly prepared abstract from this state or another
state, or, beginning October 1, 2005, within 5 days after the
receipt of a properly prepared abstract from this state or another
state, the secretary of state shall record the date of conviction,
civil infraction determination, or probate court disposition, and
the number of points for each, based on the following formula,
except as otherwise provided in this section and section 629c:
(a) Manslaughter, negligent homicide, or a felony
resulting from the operation of a motor vehicle, ORV, or
snowmobile.................................................. 6 points
(b) A violation of section 601b(2) or (3), 601c(1) or
(2), or 653a(3) or (4)...................................... 6 points
(c) A violation of section 625(1), (4), (5), (7), or
(8), section 81134 or 82127(1) of the natural resources
and environmental protection act, 1994 PA 451,
MCL 324.81134 and 324.82127, or a law or ordinance
substantially corresponding to section 625(1), (4), (5),
(7), or (8) or section 81134 or 82127(1) of the natural
resources and environmental protection act, 1994 PA 451,
MCL 324.81134 and 324.82127................................. 6 points
(d) Failing to stop and disclose identity at the scene
of an accident when required by law......................... 6 points
(e) Operating a motor vehicle in violation of section
626......................................................... 6 points
(f) Fleeing or eluding an officer...................... 6 points
(g) A violation of section 627(9) pertaining to speed
in a work zone described in that section by exceeding the
lawful maximum by more than 15 miles per hour............... 5 points
(h) A violation of any law other than the law described
in subdivision (g) or ordinance pertaining to speed by
exceeding the lawful maximum by more than 15 miles per
hour ....................................................... 4 points
(i) A violation of section 625(3) or (6), section 81135
or 82127(3) of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.81135 and 324.82127,
or a law or ordinance substantially corresponding to
section 625(3) or (6) or section 81135 or 82127(3) of the
natural resources and environmental protection act, 1994
PA 451, MCL 324.81135 and 324.82127......................... 4 points
(j) A violation of section 626a or a law or ordinance
substantially corresponding to section 626a................. 4 points
(k) A violation of section 653a(2)..................... 4 points
(l) A violation of section 627(9) pertaining to speed
in a work zone described in that section by exceeding the
lawful maximum by more than 10 but not more than 15 miles
per hour.................................................... 4 points
(m) A violation of any law other than the law described
in subdivision (l) or ordinance pertaining to speed by
exceeding the lawful maximum by more than 10 but not more
than 15 miles per hour or careless driving in violation
of section 626b or a law or ordinance substantially
corresponding to section 626b............................... 3 points
(n) A violation of section 627(9) pertaining to speed
in a work zone described in that section by exceeding the
lawful maximum by 10 miles per hour or less................. 3 points
(o) A violation of any law other than the law described
in subdivision (n) or ordinance pertaining to speed by
exceeding the lawful maximum by 10 miles per hour or less... 2 points
(p) Disobeying a traffic signal or stop sign, or
improper passing............................................ 3 points
(q) A violation of section 624a, 624b, or a law or
ordinance substantially corresponding to section 624a
or 624b..................................................... 2 points
(r) A violation of section 310e(4) or (6) or a law or
ordinance substantially corresponding to section 310e(4)
or (6)...................................................... 2 points
(s) All other moving violations pertaining to the
operation of motor vehicles reported under this section..... 2 points
(t) A refusal by a person less than 21 years of age to
submit to a preliminary breath test required by a peace
officer under section 625a.................................. 2 points
(2) The secretary of state shall add 1 point to each
conviction, civil infraction determination, or probate court
disposition if the citation indicates that the use of a cellular
telephone contributed to the cause of the violation.
(3) (2)
Points shall not be entered for a violation of
section 310e(14), 311, 625m, 658, 717, 719, 719a, or 723.
(4) (3)
Points shall not be entered for bond forfeitures.
(5) (4)
Points shall not be entered for overweight loads or
for defective equipment.
(6) (5)
If more than 1 conviction, civil infraction
determination, or probate court disposition results from the same
incident, points shall be entered only for the violation that
receives the highest number of points under this section.
(7) (6)
If a person has accumulated 9 points as provided in
this section, the secretary of state may call the person in for an
interview as to the person's driving ability and record after due
notice as to time and place of the interview. If the person fails
to appear as provided in this subsection, the secretary of state
shall add 3 points to the person's record.
(8) (7)
If a person violates a speed restriction established
by an executive order issued during a state of energy emergency as
provided by 1982 PA 191, MCL 10.81 to 10.89, the secretary of state
shall enter points for the violation pursuant to subsection (1).
(9) (8)
The secretary of state shall enter 6 points upon the
record of a person whose license is suspended or denied pursuant to
section 625f. However, if a conviction, civil infraction
determination, or probate court disposition results from the same
incident, additional points for that offense shall not be entered.
(10) (9)
If a Michigan driver commits a violation in another
state that would be a civil infraction if committed in Michigan,
and a conviction results solely because of the failure of the
Michigan driver to appear in that state to contest the violation,
upon receipt of the abstract of conviction by the secretary of
state, the violation shall be noted on the driver's record, but no
points shall be assessed against his or her driver's license.
Sec. 602b. (1) An individual who is issued a temporary
instruction permit or a level 1 or 2 graduated licensing status to
operate a motor vehicle shall not, while operating a motor vehicle,
use a handheld cellular telephone.
(2) An individual who violates subsection (1) is responsible
for a civil infraction.
(3) Not later than October 1, 2005, the department of state
police shall report to the senate and house standing committees on
transportation concerning whether in the interest of public safety
it would be advisable to limit drivers to the use of hands-free
models of cellular telephones while operating a motor vehicle on
the highways of this state.
Sec. 907. (1) A violation of this act, or a local ordinance
substantially corresponding to a provision of this act, that is
designated a civil infraction shall not be considered a lesser
included offense of a criminal offense.
(2) If a person is determined pursuant to sections 741 to 750
to be responsible or responsible "with explanation" for a civil
infraction under this act or a local ordinance substantially
corresponding to a provision of this act, the judge or district
court magistrate may order the person to pay a civil fine of not
more than $100.00 and costs as provided in subsection (4). However,
if it is determined that the use of a cellular telephone
contributed to the cause of the violation, the civil fine ordered
under this section shall be increased by $25.00. However, for a
violation of section 674(1)(s) or a local ordinance substantially
corresponding to section 674(1)(s), the person shall be ordered to
pay costs as provided in subsection (4) and a civil fine of not
less than $100.00 or more than $250.00. For a violation of section
328, the civil fine ordered under this subsection shall be not more
than $50.00. For a violation of section 710d, the civil fine
ordered under this subsection shall not exceed $10.00. For a
violation of section 710e, the civil fine and court costs ordered
under this subsection shall be $25.00. For a violation of section
682 or a local ordinance substantially corresponding to section
682, the person shall be ordered to pay costs as provided in
subsection (4) and a civil fine of not less than $100.00 or more
than $500.00. For a violation of section 240, the civil fine
ordered under this subsection shall be $15.00. For a violation of
section 252a(1), the civil fine ordered under this subsection shall
be $50.00. For a violation of section 676a(3), the civil fine
ordered under this section shall be not more than $10.00.
Permission may be granted for payment of a civil fine and costs to
be made within a specified period of time or in specified
installments, but unless permission is included in the order or
judgment, the civil fine and costs shall be payable immediately.
(3) Except as provided in this subsection, if a person is
determined to be responsible or responsible "with explanation" for
a civil infraction under this act or a local ordinance
substantially corresponding to a provision of this act while
driving a commercial motor vehicle, he or she shall be ordered to
pay costs as provided in subsection (4) and a civil fine of not
more than $250.00. If a person is determined to be responsible or
responsible "with explanation" for a civil infraction under section
319g or a local ordinance substantially corresponding to section
319g, that person shall be ordered to pay costs as provided in
subsection (4) and a civil fine of not more than $10,000.00.
(4) If a civil fine is ordered under subsection (2) or (3),
the judge or district court magistrate shall summarily tax and
determine the costs of the action, which are not limited to the
costs taxable in ordinary civil actions, and may include all
expenses, direct and indirect, to which the plaintiff has been put
in connection with the civil infraction, up to the entry of
judgment. Costs shall not be ordered in excess of $100.00. A civil
fine ordered under subsection (2) or (3) shall not be waived unless
costs ordered under this subsection are waived. Except as otherwise
provided by law, costs are payable to the general fund of the
plaintiff.
(5) In addition to a civil fine and costs ordered under
subsection (2) or (3) and subsection (4) and the justice system
assessment ordered under subsection (14), the judge or district
court magistrate may order the person to attend and complete a
program of treatment, education, or rehabilitation.
(6) A district court magistrate shall impose the sanctions
permitted under subsections (2), (3), and (5) only to the extent
expressly authorized by the chief judge or only judge of the
district court district.
(7) Each district of the district court and each municipal
court may establish a schedule of civil fines, costs, and
assessments to be imposed for civil infractions that occur within
the respective district or city. If a schedule is established, it
shall be prominently posted and readily available for public
inspection. A schedule need not include all violations that are
designated by law or ordinance as civil infractions. A schedule may
exclude cases on the basis of a defendant's prior record of civil
infractions or traffic offenses, or a combination of civil
infractions and traffic offenses.
(8) The state court administrator shall annually publish and
distribute to each district and court a recommended range of civil
fines and costs for first-time civil infractions. This
recommendation is not binding upon the courts having jurisdiction
over civil infractions but is intended to act as a normative guide
for judges and district court magistrates and a basis for public
evaluation of disparities in the imposition of civil fines and
costs throughout the state.
(9) If a person has received a civil infraction citation for
defective safety equipment on a vehicle under section 683, the
court shall waive a civil fine, costs, and assessments upon receipt
of certification by a law enforcement agency that repair of the
defective equipment was made before the appearance date on the
citation.
(10) A default in the payment of a civil fine or costs ordered
under subsection (2), (3), or (4) or a justice system assessment
ordered under subsection (14), or an installment of the fine,
costs, or assessment, may be collected by a means authorized for
the enforcement of a judgment under chapter 40 of the revised
judicature act of 1961, 1961 PA 236, MCL 600.4001 to 600.4065, or
under chapter 60 of the revised judicature act of 1961, 1961 PA
236, MCL 600.6001 to 600.6098.
(11) If a person fails to comply with an order or judgment
issued pursuant to this section within the time prescribed by the
court, the driver's license of that person shall be suspended
pursuant to section 321a until full compliance with that order or
judgment occurs. In addition to this suspension, the court may also
proceed under section 908.
(12) The court shall waive any civil fine, cost, or assessment
against a person who received a civil infraction citation for a
violation of section 710d if the person, before the appearance date
on the citation, supplies the court with evidence of acquisition,
purchase, or rental of a child seating system meeting the
requirements of section 710d.
(13) Until October 1, 2003, in addition to any civil fines and
costs ordered to be paid under this section, the judge or district
court magistrate shall levy an assessment of $5.00 for each civil
infraction determination, except for a parking violation or a
violation for which the total fine and costs imposed are $10.00 or
less. An assessment paid before October 1, 2003 shall be
transmitted by the clerk of the court to the state treasurer to be
deposited into the Michigan justice training fund. An assessment
ordered before October 1, 2003 but collected on or after October 1,
2003 shall be transmitted by the clerk of the court to the state
treasurer for deposit in the justice system fund created in section
181 of the revised judicature act of 1961, 1961 PA 236, MCL
600.181. An assessment levied under this subsection is not a civil
fine for purposes of section 909.
(14) Effective October 1, 2003, in addition to any civil fines
or costs ordered to be paid under this section, the judge or
district court magistrate shall order the defendant to pay a
justice system assessment of $40.00 for each civil infraction
determination, except for a parking violation or a violation for
which the total fine and costs imposed are $10.00 or less. Upon
payment of the assessment, the clerk of the court shall transmit
the assessment collected to the state treasury to be deposited into
the justice system fund created in section 181 of the revised
judicature act of 1961, 1961 PA 236, MCL 600.181. An assessment
levied under this subsection is not a civil fine for purposes of
section 909.
(15) If a person has received a citation for a violation of
section 223, the court shall waive any civil fine, costs, and
assessment, upon receipt of certification by a law enforcement
agency that the person, before the appearance date on the citation,
produced a valid registration certificate that was valid on the
date the violation of section 223 occurred.
(16) If a person has received a citation for a violation of
section 328(1) for failing to produce a certificate of insurance
pursuant to section 328(2), the court may waive the fee described
in section 328(3)(c) and shall waive any fine, costs, and any other
fee or assessment otherwise authorized under this act upon receipt
of verification by the court that the person, before the appearance
date on the citation, produced valid proof of insurance that was in
effect at the time the violation of section 328(1) occurred.
Insurance obtained subsequent to the time of the violation does not
make the person eligible for a waiver under this subsection.
(17) The secretary of state, in conjunction with the
department of state police, shall report to the senate and house
standing committees on transportation 2 years after the effective
date of the amendatory act that added this subsection on the number
of cases in which a cellular telephone contributed to a violation
of this act for which a fine was imposed under this section.