HOUSE BILL No. 5126 September 30, 1997, Introduced by Reps. Gire and LaForge and referred to the Committee on Transportation. A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 625b (MCL 257.625b), as amended by 1994 PA 450. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 625b. (1) A person arrested for a misdemeanor viola- 2 tion of section 625(1), (3), or (6) or section 625m or a local 3 ordinance substantially corresponding to section 625(1), (3), or 4 (6) or section 625m shall be arraigned on the citation, com- 5 plaint, or warrant not more than 14 days after the arrest for the 6 violation or, if an arrest warrant is issued or reissued, not 7 more than 14 days after the issued or reissued arrest warrant is 8 served, whichever is later. The court shall not dismiss a case 9 or impose any other sanction for a failure to comply with this 10 time limit. The time limit does not apply to a violation of 02099'97 TJS 2 1 section 625(1) punishable under section 625(7)(d) or a violation 2 of section 625(1), (3), or (6) or section 625m joined with a 3 felony charge. 4 (2) The court shall schedule a pretrial conference between 5 the prosecuting attorney, the defendant, and the defendant's 6 attorney in each case in which the defendant is charged with a 7 misdemeanor violation of section 625(1), (3), or (6) or 8 section 625m or a local ordinance substantially corresponding to 9 section 625(1), (3), or (6) or section 625m. The pretrial con- 10 ference shall be held not more than 35 days after the person's 11 arrest for the violation or, if an arrest warrant is issued or 12 reissued, not more than 35 days after the issued or reissued 13 arrest warrant is served, whichever is later. If the court has 14 only 1 judge who sits in more than 1 location in that district, 15 the pretrial conference shall be held not more than 42 days after 16 the person's arrest for the violation or, if an arrest warrant is 17 issued or reissued, not more than 42 days after the date the 18 issued or reissued arrest warrant is served, whichever is later. 19 The court shall not dismiss a case or impose any other sanction 20 for a failure to comply with the applicable time limit. The 35- 21 and 42-day time limits do not apply to a violation of 22 section 625(1) punishable under section 625(7)(d) or a violation 23 of section 625(1), (3), or (6) or section 625m joined with a 24 felony charge. The court shall order the defendant to attend the 25 pretrial conference and may accept a plea by the defendant at the 26 conclusion of the pretrial conference. The court may adjourn the 27 pretrial conference upon the motion of a party for good cause 02099'97 3 1 shown. Not more than 1 adjournment shall be granted to a party, 2 and the length of an adjournment shall not exceed 14 days. 3 (3) Except for delay attributable to the unavailability of 4 the defendant, a witness, or material evidence or due to an 5 interlocutory appeal or exceptional circumstances, but not a 6 delay caused by docket congestion, the court shall finally adju- 7 dicate, by a plea of guilty or nolo contendere, entry of a ver- 8 dict, or other final disposition, a case in which the defendant 9 is charged with a misdemeanor violation of section 625(1), (3), 10 or (6) or section 625m or a local ordinance substantially corre- 11 sponding to section 625(1), (3), or (6) or section 625m, within 12 77 days after the person is arrested for the violation or, if an 13 arrest warrant is issued or reissued, not more than 77 days after 14 the date the issued or reissued arrest warrant is served, which- 15 ever is later. The court shall not dismiss a case or impose any 16 other sanction for a failure to comply with this time limit. The 17 77-day time limit does not apply to a violation of section 625(1) 18 punishable under section 625(7)(d) or a violation of 19 section 625(1), (3), or (6) or section 625m joined with a felony 20 charge. 21 (4) Before accepting a plea of guilty or nolo contendere 22 under section 625 or a local ordinance substantially correspond- 23 ing to section 625(1), (2), (3), or (6), the court shall advise 24 the accused of the maximum possible term of imprisonment and the 25 maximum possible fine that may be imposed for the violation, and 26 shall advise the defendant that the maximum possible license 27 sanctions that may be imposed will be based upon the master 02099'97 4 1 driving record maintained by the secretary of state pursuant to 2 section 204a. 3 (5) Before imposing sentence, other than court-ordered 4 license sanctions, for a violation of section 625(1), (3), (4), 5 (5), or (6) or a local ordinance substantially corresponding to 6 section 625(1), (3), or (6), the court shall order the person to 7 undergo screening and assessment by a person or agency designated 8 by the office of substance abuse services to determine whether 9 the person is likely to benefit from rehabilitative services, 10 including alcohol or drug education and alcohol or drug treatment 11 programs. As part of the sentence, the court may order the 12 person to participate in and successfully complete 1 or more 13 appropriate rehabilitative programs. The person shall pay for 14 the costs of the screening, reassessment, and rehabilitative 15 services. 16 (6) Immediately upon acceptance by the court of a plea of 17 guilty or nolo contendere or upon entry of a verdict of guilty 18 for a violation of section 625(1), (3), (4), (5), or (6) or a 19 local ordinance substantially corresponding to section 625(1), 20 (3), or (6), whether or not the person is eligible to be sen- 21 tenced as a multiple offender, the court shall consider all prior 22 convictions currently entered upon the person's Michigan driving 23 record, except convictions the court determines upon the 24 defendant's motion to be constitutionally invalid, and shall 25 impose the following licensing sanctions: 26 (a) For a conviction under section 625(4) or (5), the court 27 shall order the secretary of state to revoke the person's 02099'97 5 1 operator's or chauffeur's license and shall not order the 2 secretary of state to issue a restricted license to the person. 3 (b) For a conviction under section 625(1) or a local ordi- 4 nance substantially corresponding to section 625(1): 5 (i) If the court finds that the person has no prior convic- 6 tions within 7 years for a violation of section 625(1), (3), (4), 7 or (5), former section 625(1) or (2), or former section 625b, a 8 local ordinance substantially corresponding to section 625(1) or 9 (3), former section 625(1) or (2), or former section 625b, or a 10 law of another state substantially corresponding to section 11 625(1), (3), (4), or (5), former section 625(1) or (2), or former 12 section 625b, the court shall order the secretary of state to 13 suspend the person's operator's or chauffeur's license for not 14 less than 6 months or more than 2 years. If the court finds com- 15 pelling circumstances under subsection (10) sufficient to warrant 16 the issuance of a restricted license to a person, the court may 17 order the secretary of state to issue to the person a restricted 18 license during all or a specified portion of the suspension, 19 except that a restricted license shall not be issued during the 20 first 30 days of the suspension. 21 (ii) If the court finds that the person has 1 prior convic- 22 tion within 7 years for a violation of section 625(3) or former 23 section 625b, a local ordinance substantially corresponding to 24 section 625(3) or former section 625b, or a law of another state 25 substantially corresponding to section 625(3) or former 26 section 625b, the court shall order the secretary of state to 27 suspend the person's operator's or chauffeur's license for not 02099'97 6 1 less than 6 months or more than 2 years. If the court finds 2 compelling circumstances under subsection (10) sufficient to war- 3 rant the issuance of a restricted license to a person, the court 4 may order the secretary of state to issue to the person a 5 restricted license during all or any portion of the suspension, 6 except that a restricted license shall not be issued during the 7 first 60 days of the suspension. 8 (iii) If the court finds that the person has 1 or more prior 9 convictions within 7 years for a violation of section 625(1), 10 (4), or (5) or former section 625(1) or (2), a local ordinance 11 substantially corresponding to section 625(1) or former section 12 625(1) or (2), or a law of another state substantially corre- 13 sponding to section 625(1), (4), or (5) or former section 625(1) 14 or (2), or that the person has 2 or more prior convictions within 15 10 years for a violation of section 625(1), (3), (4), or (5), 16 former section 625(1) or (2), or former section 625b, a local 17 ordinance substantially corresponding to section 625(1) or (3), 18 former section 625(1) or (2), or former section 625b, or a law of 19 another state substantially corresponding to section 625(1), (3), 20 (4), or (5), former section 625(1) or (2), or former section 21 625b, the court shall order the secretary of state to revoke the 22 person's operator's or chauffeur's license and shall not order 23 the secretary of state to issue a restricted license to the 24 person. 25 (c) For a conviction under section 625(3) or a local ordi- 26 nance substantially corresponding to section 625(3): 02099'97 7 1 (i) If the court finds that the convicted person has no 2 prior conviction within 7 years for a violation of section 3 625(1), (3), (4), or (5), former section 625(1) or (2), or former 4 section 625b, a local ordinance substantially corresponding to 5 section 625(1) or (3), former section 625(1) or (2), or former 6 section 625b, or a law of another state substantially correspond- 7 ing to section 625(1), (3), (4), or (5), former section 625(1) or 8 (2), or former section 625b, the court shall order the secretary 9 of state to suspend the person's operator's or chauffeur's 10 license for not less than 90 days or more than 1 year. However, 11 if the person is convicted of a violation of section 625(3) or a 12 local ordinance substantially corresponding to section 625(3) for 13 operating a vehicle when, due to the consumption of a controlled 14 substance or a combination of intoxicating liquor and a con- 15 trolled substance, the person's ability to operate the vehicle 16 was visibly impaired, the court shall order the secretary of 17 state to suspend the operator's or chauffeur's license of the 18 person for not less than 6 months or more than 1 year. If the 19 court finds compelling circumstances under subsection (10) suffi- 20 cient to warrant the issuance of a restricted license to a 21 person, the court may order the secretary of state to issue to 22 the person a restricted license during all or a specified portion 23 of the suspension. 24 (ii) If the court finds that the person has 1 prior convic- 25 tion within 7 years for a violation of section 625(1), (3), (4), 26 or (5), former section 625(1) or (2), or former section 625b, a 27 local ordinance substantially corresponding to section 625(1) or 02099'97 8 1 (3), former section 625(1) or (2), or former section 625b, or a 2 law of another state substantially corresponding to section 3 625(1), (3), (4), or (5), former section 625(1) or (2), or former 4 section 625b, the court shall order the secretary of state to 5 suspend the person's operator's or chauffeur's license for not 6 less than 6 months or more than 2 years. If the court finds com- 7 pelling circumstances under subsection (10) sufficient to warrant 8 the issuance of a restricted license to a person, the court may 9 order the secretary of state to issue to the person a restricted 10 license during all or any portion of the suspension, except that 11 a restricted license shall not be issued during the first 60 days 12 of the suspension. 13 (iii) If the court finds that the person has 2 or more prior 14 convictions within 10 years for a violation of section 625(1), 15 (3), (4), or (5), former section 625(1) or (2), or former section 16 625b, a local ordinance substantially corresponding to section 17 625(1) or (3), former section 625(1) or (2), or former section 18 625b, or a law of another state substantially corresponding to 19 section 625(1), (3), (4), or (5), former section 625(1) or (2), 20 or former section 625b, the court shall order the secretary of 21 state to revoke the person's operator's or chauffeur's license 22 and shall not order the secretary of state to issue a restricted 23 license to the person. 24 (d) For a conviction under section 625(6) or a local ordi- 25 nance substantially corresponding to section 625(6): 26 (i) If the court finds that the convicted person has no 27 prior conviction within 7 years for a violation of section 02099'97 9 1 625(1), (3), (4), (5), or (6), former section 625(1) or (2), or 2 former section 625b, a local ordinance substantially correspond- 3 ing to section 625(1), (3), or (6), former section 625(1) or (2), 4 or former section 625b, or a law of another state substantially 5 corresponding to section 625(1), (3), (4), (5), or (6), former 6 section 625(1) or (2), or former section 625b, the court shall 7 order the secretary of state to suspend the operator's or 8 chauffeur's license of the person for not less than 30 days or 9 more than 90 days. The court may order the secretary of state to 10 issue to the person a restricted license during all or a speci- 11 fied portion of the suspension. 12 (ii) If the court finds that the person has 1 or more prior 13 convictions within 7 years for a violation of section 625(1), 14 (3), (4), (5), or (6), former section 625(1) or (2), or former 15 section 625b, a local ordinance substantially corresponding to 16 section 625(1), (3), or (6), former section 625(1) or (2), or 17 former section 625b, or a law of another state substantially cor- 18 responding to section 625(1), (3), (4), (5), or (6), former sec- 19 tion 625(1) or (2), or former section 625b, the court shall order 20 the secretary of state to suspend the operator's or chauffeur's 21 license of the person for not less than 90 days or more than 22 1 year. The court may order the secretary of state to issue to 23 the person a restricted license during all or any portion of the 24 suspension, except that a restricted license shall not be issued 25 during the first 90 days of the suspension. 02099'97 10 1 (7) A restricted license issued pursuant to an order under 2 subsection (6) shall permit the person to whom it is issued to 3 drive under 1 or more of the following circumstances: 4 (a) To and from the person's residence and work location. 5 (b) In the course of the person's employment or occupation. 6 (c) To and from the person's residence and an alcohol or 7 drug education or treatment program as ordered by the court. 8 (d) To and from the person's residence and the court proba- 9 tion department or a court-ordered community service program, or 10 both. 11 (e) To and from the person's residence and an educational 12 institution at which the person is enrolled as a student. 13 (f) To and from the person's residence or work location and 14 a place of regularly occurring medical treatment for a serious 15 condition for the person or a member of the person's household or 16 immediate family. 17 (G) TO AND FROM THE PERSON'S RESIDENCE AND THOSE LOCATIONS 18 REGULARLY VISITED BY THE PERSON TO CARRY OUT HIS OR HER DUTIES 19 AND RESPONSIBILITIES AS A HOMEMAKER AS DETERMINED BY THE COURT IN 20 THE ORDER. 21 (8) The court may order that the restricted license issued 22 pursuant to subsection (6) include the requirement that the 23 person shall not operate a motor vehicle unless the vehicle is 24 equipped with a functioning ignition interlock device. The 25 device shall be set to render the motor vehicle inoperable if the 26 device detects an alcohol content of 0.02 grams or more per 210 27 liters of breath of the person who offers a breath sample. The 02099'97 11 1 court may order installation of an ignition interlock device on 2 any motor vehicle that the person owns or operates, the costs of 3 which the person whose license is restricted shall bear. 4 (9) The court shall not order the secretary of state under 5 subsection (6) to issue a restricted license that would permit a 6 person to operate a commercial motor vehicle that hauls hazardous 7 materials. 8 (10) The court shall not order the secretary of state to 9 issue a restricted license unless the person states under oath, 10 and the court finds pursuant to testimony taken in open court or 11 pursuant to statements contained in a sworn affidavit on a form 12 prescribed by the state court administrator, that both of the 13 following are true: 14 (a) The person needs vehicular transportation to and from 15 his or her work location, place of alcohol or drug education 16 treatment, court probation department, court-ordered community 17 service program, or educational institution,ora place of reg- 18 ularly occurring medical treatment for a serious condition, OR 19 LOCATIONS REGULARLY VISITED TO CARRY OUT HIS OR HER DUTIES AND 20 RESPONSIBILITIES AS A HOMEMAKER, or in the course of the person's 21 employment or occupation. 22 (b) The person is unable to take public transportation and 23 does not have any family members or other individuals able to 24 provide transportation to a destination or for a purpose 25 described in subdivision (a). 26 (11) The court order issued under subsection (6) and the 27 restricted license shall indicate the permitted destinations of 02099'97 12 1 the person or the permitted purposes for which the person may 2 operate a vehicle, the approved route or routes if specified by 3 the court, and permitted times of travel. 4 (12) Immediately upon acceptance by the court of a plea of 5 guilty or nolo contendere or upon entry of a verdict of guilty 6 for a violation of section 625(1), (3), (4), (5), or (6) or a 7 local ordinance substantially corresponding to section 625(1), 8 (3), or (6), the person shall surrender to the court his or her 9 operator's or chauffeur's license or permit. The court shall 10 immediately destroy the license or permit and forward an abstract 11 of conviction with court-ordered license sanctions to the secre- 12 tary of state. Uponreceipt ofRECEIVING, and pursuant to, the 13 abstract of conviction with court-ordered license sanctions, the 14 secretary of state shall suspend or revoke the person's license 15 and, if ordered by the court and the person is otherwise eligible 16 for a license, issue to the person a restricted license stating 17 the limited driving privileges indicated on the abstract. If the 18 judgment and sentence is appealed to circuit court, the court may 19 ex parte order the secretary of state to stay the suspension, 20 revocation, or restricted license issued pursuant to this section 21 pending the outcome of the appeal. 22 (13) In addition to any other suspension or revocation 23 ordered under this section and as part of the sentence imposed 24 upon a person who violates section 625(1), (3), (4), or (5) or a 25 local ordinance substantially corresponding to section 625(1) or 26 (3) while operating a commercial motor vehicle, the court shall 27 order the secretary of state to suspend the vehicle group 02099'97 13 1 designations on the person's operator's or chauffeur's license in 2 accordance with section 319b(1)(c). If the vehicle was trans- 3 porting hazardous material required to have a placard pursuant to 4 49 C.F.R. parts 100 to 199, the court shall order the secretary 5 of state to suspend the vehicle group designations on the 6 person's operator's or chauffeur's license in accordance with 7 section 319b(1)(d). The court shall not order the secretary of 8 state to issue a restricted license that would permit the person 9 to operate a commercial motor vehicle. 10 (14) In addition to any other suspension or revocation 11 ordered under this section and as part of the sentence imposed 12 upon a person who is convicted of a violation of section 625(1), 13 (3), (4), or (5) or a local ordinance substantially corresponding 14 to section 625(1) or (3) while operating a commercial motor vehi- 15 cle within 10 years of a prior conviction, the court shall order 16 the secretary of state to revoke the vehicle group designations 17 on the person's operator's or chauffeur's license in accordance 18 with section 319b(1)(e). The court shall not order the secretary 19 of state to issue a restricted license that would permit the 20 person to operate a commercial motor vehicle. As used in this 21 subsection, "prior conviction" means a conviction under section 22 625(1), (3), (4), or (5), former section 625(1) or (2), or former 23 section 625b, a local ordinance substantially corresponding to 24 section 625(1) or (3), former section 625(1) or (2), or former 25 section 625b, or a law of another state substantially correspond- 26 ing to section 625(1), (3), (4), or (5), former section 625(1) or 27 (2), or former section 625b involving the operation of a 02099'97 14 1 commercial motor vehicle, or a conviction under section 625m, a 2 local ordinance substantially corresponding to section 625m, or a 3 law of another state substantially corresponding to section 4 625m. 5 (15) As used in this section, "work location" means, as 6 applicable, the specific place or places of employment or the 7 territory or territories regularly visited by the person in pur- 8 suance of the person's occupation, or both. 02099'97 Final page. TJS