HOUSE BILL No. 5631 March 4, 1998, Introduced by Reps. Voorhees, Fitzgerald, Wojno, Mans, Gustafson, McBryde, Horton, Hammerstrom, London, Byl, Jellema, Freeman, Jelinek, DeVuyst, Goschka, Nye, Mathieu, Owen, Harder, Walberg, Cropsey, Bobier, Oxender, Birkholz, Griffin, Brewer, McNutt, Sanborn, Sikkema, Jansen, Galloway, Cassis, Perricone and Scranton and referred to the Committee on Judiciary. A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 320a and 625 (MCL 257.320a and 257.625), section 320a as amended by 1996 PA 493 and section 625 as amended by 1996 PA 491. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 320a. (1) The secretary of state, within 10 days after 2 the receipt of a properly prepared abstract from this or another 3 state, shall record the date of conviction, civil infraction 4 determination, or probate court disposition, and the number of 5 points for each, based on the following formula, except as other- 6 wise provided in this section and section 629c: 7 (a) Manslaughter, negligent homicide, or a felony 8 resulting from the operation of a motor vehicle........ 6 points 04923'97 TVD 2 1 (b) A violation OR ATTEMPTED VIOLATION of section 2 625(1), (4), OR (5) or a law or ordinance substantially 3 corresponding to section 625(1)........................ 6 points 4 (c) A violationor attempted violationof sec- 5 tion625(4) or (5)625(2) PUNISHABLE UNDER SECTION 6 625(8)(B) OR (C)....................................... 6 points 7 (d) Failing to stop and disclose identity at the 8 scene of an accident when required by law.............. 6 points 9 (e) Operating a motor vehicle in a reckless manner 6 points 10 (f) Violation of any law or ordinance pertaining 11 to speed by exceeding the lawful maximum by more than 12 15 miles per hour...................................... 4 points 13 (g) Violation of section 625(3) or (6) or a law or 14 ordinance substantially corresponding to section 625(3) 15 or (6)................................................. 4 points 16 (h) Fleeing or eluding an officer................. 6 points 17 (i) Violation of section 626a or a law or ordi- 18 nance substantially corresponding to section 626a...... 4 points 19 (j) Violation of any law or ordinance pertaining 20 to speed by exceeding the lawful maximum by more than 21 10 but not more than 15 miles per hour or careless 22 driving in violation of section 626b or a law or ordi- 23 nance substantially corresponding to section 626b...... 3 points 24 (k) Violation of any law or ordinance pertaining 25 to speed by exceeding the lawful maximum by 10 miles 26 per hour or less....................................... 2 points 04923'97 3 1 (l) Disobeying a traffic signal or stop sign, or 2 improper passing....................................... 3 points 3 (m) Violation of section 624a, 624b, or a law or 4 ordinance substantially corresponding to section 624a 5 or 624b................................................ 2 points 6 (n) Until April 1, 2002, violation of section 7 310e(4) or (6) or a law or ordinance substantially cor- 8 responding to section 310e(4) or (6)................... 2 points 9 (o) All other moving violations pertaining to the 10 operation of motor vehicles reported under this section 2 points 11 (p) A refusal by a person less than 21 years of 12 age to submit to a preliminary breath test required by 13 a peace officer under section 625a..................... 2 points 14 (2) Points shall not be entered for a violation of 15 section 310e(15), 311, 625m, 658, 717, 719, 719a, or 723. 16 (3) Points shall not be entered for bond forfeitures. 17 (4) Points shall not be entered for overweight loads or for 18 defective equipment. 19 (5) If more than 1 conviction, civil infraction determina- 20 tion, or probate court disposition results from the same inci- 21 dent, points shall be entered only for the violation that 22 receives the highest number of points under this section. 23 (6) If a person has accumulated 9 points as provided in this 24 section, the secretary of state may call the person in for an 25 interview as to the person's driving ability and record after due 26 notice as to time and place of the interview. If the person 04923'97 4 1 fails to appear as provided in this subsection, the secretary of 2 state shall add 3 points to the person's record. 3 (7) If a person violates a speed restriction established by 4 an executive order issued during a state of energy emergency as 5 provided byAct No. 191 of the Public Acts of 1982, being sec-6tions 10.81 to 10.89 of the Michigan Compiled Laws1982 PA 191, 7 MCL 10.81 TO 10.89, the secretary of state shall enter points for 8 the violation pursuant to subsection (1). 9 (8) The secretary of state shall enter 6 points upon the 10 record of a person whose license is suspended or denied pursuant 11 to section 625f. However, if a conviction, civil infraction 12 determination, or probate court disposition results from the same 13 incident, additional points for that offense shall not be 14 entered. 15 (9) If a Michigan driver commits a violation in another 16 state that would be a civil infraction if committed in Michigan, 17 and a conviction results solely because of the failure of the 18 Michigan driver to appear in that state to contest the violation, 19 upon receipt of the abstract of conviction by the secretary of 20 state, the violation shall be noted on the driver's record, but 21 no points shall be assessed against his or her driver's license. 22 Sec. 625. (1) A person, whether licensed or not, shall not 23 operate a vehicle upon a highway or other place open to the gen- 24 eral public or generally accessible to motor vehicles, including 25 an area designated for the parking of vehicles, within this state 26 if either of the following applies: 04923'97 5 1 (a) The person is under the influence of intoxicating 2 liquor, a controlled substance, or a combination of intoxicating 3 liquor and a controlled substance. 4 (b) The person has an alcohol content of 0.10 grams or more 5 per 100 milliliters of blood, per 210 liters of breath, or per 67 6 milliliters of urine. 7 (2) The owner of a vehicle or a person in charge or in con- 8 trol of a vehicle shall not authorize or knowingly permit the 9 vehicle to be operated upon a highway or other place open to the 10 general public or generally accessible to motor vehicles, includ- 11 ing an area designated for the parking of motor vehicles, within 12 this state by a person who is under the influence of intoxicating 13 liquor, a controlled substance, or a combination of intoxicating 14 liquor and a controlled substance or who has an alcohol content 15 of 0.10 grams or more per 100 milliliters of blood, per 210 16 liters of breath, or per 67 milliliters of urine. 17 (3) A person, whether licensed or not, shall not operate a 18 vehicle upon a highway or other place open to the general public 19 or generally accessible to motor vehicles, including an area des- 20 ignated for the parking of vehicles, within this state when, due 21 to the consumption of an intoxicating liquor, a controlled sub- 22 stance, or a combination of an intoxicating liquor and a con- 23 trolled substance, the person's ability to operate the vehicle is 24 visibly impaired. If a person is charged with violating subsec- 25 tion (1), a finding of guilty under this subsection may be 26 rendered. 04923'97 6 1 (4) A person, whether licensed or not, who operates a motor 2 vehicle in violation of subsection (1) or (3) and by the 3 operation of that motor vehicle causes the death of another 4 person is guilty of a felony punishable by imprisonment for not 5 more than 15 years or a fine of not less than $2,500.00 or more 6 than $10,000.00, or both. The judgment of sentence may impose 7 the sanction permitted under section 625n. 8 (5) A person, whether licensed or not, who operates a motor 9 vehicle in violation of subsection (1) or (3) and by the opera- 10 tion of that motor vehicle causes a serious impairment of a body 11 function of another person is guilty of a felony punishable by 12 imprisonment for not more than 5 years or a fine of not less than 13 $1,000.00 or more than $5,000.00, or both. The judgment of sen- 14 tence may impose the sanction permitted under section 625n. As 15 used in this subsection, "serious impairment of a body function" 16 includes, but is not limited to, 1 or more of the following: 17 (a) Loss of a limb or use of a limb. 18 (b) Loss of a hand, foot, finger, or thumb or use of a hand, 19 foot, finger, or thumb. 20 (c) Loss of an eye or ear or use of an eye or ear. 21 (d) Loss or substantial impairment of a bodily function. 22 (e) Serious visible disfigurement. 23 (f) A comatose state that lasts for more than 3 days. 24 (g) Measurable brain damage or mental impairment. 25 (h) A skull fracture or other serious bone fracture. 26 (i) Subdural hemorrhage or subdural hematoma. 04923'97 7 1 (6) A person who is less than 21 years of age, whether 2 licensed or not, shall not operate a vehicle upon a highway or 3 other place open to the general public or generally accessible to 4 motor vehicles, including an area designated for the parking of 5 vehicles, within this state if the person has any bodily alcohol 6 content. As used in this subsection, "any bodily alcohol 7 content" means either of the following: 8 (a) An alcohol content of not less than 0.02 grams or more 9 than 0.07 grams per 100 milliliters of blood, per 210 liters of 10 breath, or per 67 milliliters of urine. 11 (b) Any presence of alcohol within a person's body resulting 12 from the consumption of intoxicating liquor, other than consump- 13 tion of intoxicating liquor as a part of a generally recognized 14 religious service or ceremony. 15 (7) If a person is convicted of violating subsection (1), 16 all of the following apply: 17 (a) Except as otherwise provided in subdivisions (b) and 18 (d), the person is guilty of a misdemeanor punishable by 1 or 19 more of the following: 20 (i) Community service for not more than 45 days. 21 (ii) Imprisonment for not more than 90 days. 22 (iii) A fine of not less than $100.00 or more than $500.00. 23 (b) If the violation occurs within 7 years of a prior con- 24 viction, the person shall be sentenced to pay a fine of not less 25 than $200.00 or more than $1,000.00 and either of the following: 26 (i) Community service for not less than 10 days or more than 27 90 days and may be imprisoned for not more than 1 year. 04923'97 8 1 (ii) Imprisonment for not less than 48 consecutive hours or 2 more than 1 year and may be sentenced to community service for 3 not more than 90 days. 4 (c) A term of imprisonment imposed under subdivision (b)(ii) 5 shall not be suspended. 6 (d) If the violation occurs within 10 years of 2 or more 7 prior convictions, the person is guilty of a felony and shall be 8 sentenced to pay a fine of not less than $500.00 or more than 9 $5,000.00 and to either of the following: 10 (i) Imprisonment under the jurisdiction of the department of 11 corrections for not less than 1 year or more than 5 years. 12 (ii) Probation with imprisonment in the county jail for not 13 less than 30 days or more than 1 year. Not less than 48 hours of 14 the imprisonment imposed under this subparagraph shall be served 15 consecutively. 16 (e) The term of imprisonment imposed under subdivision (d) 17 shall not be suspended. 18 (f) The judgment of sentence under this subsection may 19 impose the sanction permitted under section 625n. 20 (g) As used in this subsection, "prior conviction" means a 21 conviction for a violation or attempted violation of subsection 22 (1), (4), or (5) or former section 625(1) or (2), a local ordi- 23 nance substantially corresponding to subsection (1) or former 24 section 625(1) or (2), or a law of another state substantially 25 corresponding to subsection (1), (4), or (5) or former section 26 625(1) or (2). 04923'97 9 1 (8) A person who is convicted of violating subsection (2) is 2 guilty of a CRIME AS FOLLOWS: 3 (A) EXCEPT AS PROVIDED IN SUBDIVISIONS (B) AND (C), A misde- 4 meanor punishable by imprisonment for not more than 90 days or a 5 fine of not less than $100.00 or more than $500.00, or both. 6 (B) IF THE PERSON OPERATING THE MOTOR VEHICLE VIOLATED SUB- 7 SECTION (4), A FELONY PUNISHABLE BY IMPRISONMENT FOR NOT MORE 8 THAN 5 YEARS OR A FINE OF NOT LESS THAN $1,500.00 OR MORE THAN 9 $10,000.00, OR BOTH. 10 (C) IF THE PERSON OPERATING THE MOTOR VEHICLE VIOLATED SUB- 11 SECTION (5), A FELONY PUNISHABLE BY IMPRISONMENT FOR NOT MORE 12 THAN 2 YEARS OR A FINE OF NOT LESS THAN $1,000.00 OR MORE THAN 13 $5,000.00, OR BOTH. 14 (9) If a person is convicted of violating subsection (3), 15 all of the following apply: 16 (a) Except as otherwise provided in subdivisions (b) and 17 (c), the person is guilty of a misdemeanor punishable by 1 or 18 more of the following: 19 (i) Community service for not more than 45 days. 20 (ii) Imprisonment for not more than 90 days. 21 (iii) A fine of not more than $300.00. 22 (b) If the violation occurs within 7 years of 1 prior con- 23 viction, the person shall be sentenced to pay a fine of not less 24 than $200.00 or more than $1,000.00, and either of the 25 following: 04923'97 10 1 (i) Community service for not less than 10 days or more than 2 90 days and may be sentenced to imprisonment for not more than 1 3 year. 4 (ii) Imprisonment for not more than 1 year and may be sen- 5 tenced to community service for not more than 90 days. 6 (c) If the violation occurs within 10 years of 2 or more 7 prior convictions, the person shall be sentenced to pay a fine of 8 not less than $200.00 or more than $1,000.00, and either of the 9 following: 10 (i) Community service for not less than 10 days or more than 11 90 days and may be sentenced to imprisonment for not more than 1 12 year. 13 (ii) Imprisonment for not more than 1 year and may be sen- 14 tenced to community service for not more than 90 days. 15 (d) The judgment of sentence under subdivision (b) or (c) 16 may impose the sanction permitted under section 625n. 17 (e) As used in this subsection, "prior conviction" means a 18 conviction for a violation or attempted violation of subsection 19 (1), (3), (4), or (5), former section 625(1) or (2), or former 20 section 625b, a local ordinance substantially corresponding to 21 subsection (1) or (3), former section 625(1) or (2), or former 22 section 625b, or a law of another state substantially correspond- 23 ing to subsection (1), (3), (4), or (5), former section 625(1) or 24 (2), or former section 625b. 25 (10) If a person is convicted of violating subsection (6), 26 all of the following apply: 04923'97 11 1 (a) Except as otherwise provided in subdivision (b), the 2 person is guilty of a misdemeanor punishable by 1 or both of the 3 following: 4 (i) Community service for not more than 45 days. 5 (ii) A fine of not more than $250.00. 6 (b) If the violation occurs within 7 years of 1 or more 7 prior convictions, the person may be sentenced to 1 or both of 8 the following: 9 (i) Community service for not more than 60 days. 10 (ii) A fine of not more than $500.00. 11 (c) As used in this subsection, "prior conviction" means a 12 conviction for a violation or attempted violation of subsection 13 (1), (3), (4), (5), or (6), former section 625(1) or (2), or 14 former section 625b, a local ordinance substantially correspond- 15 ing to subsection (1), (3), or (6), former section 625(1) or (2), 16 or former section 625b, or a law of another state substantially 17 corresponding to subsection (1), (3), (4), (5), or (6), former 18 section 625(1) or (2), or former section 625b. 19 (11) In addition to imposing the sanctions prescribed under 20 subsection (4), (5), (7), (9), or (10), the court may order the 21 person to pay the costs of the prosecution under the code of 22 criminal procedure,Act No. 175 of the Public Acts of 1927,23being sections 760.1 to 776.22 of the Michigan Compiled Laws24 1927 PA 175, MCL 760.1 TO 776.22. 25 (12) The court shall impose licensing sanctions pursuant to 26 section 625b. 04923'97 12 1 (13) A person sentenced to perform community service under 2 this section shall not receive compensation and shall reimburse 3 the state or appropriate local unit of government for the cost of 4 supervision incurred by the state or local unit of government as 5 a result of the person's activities in that service. 6 (14) If the prosecuting attorney intends to seek an enhanced 7 sentence under subsection (7)(b) or (d), subsection (9)(b) or 8 (c), or subsection (10)(b) based upon the defendant having 1 or 9 more prior convictions, the prosecuting attorney shall include on 10 the complaint and information, or an amended complaint and infor- 11 mation, filed in district court, circuit court, recorder's court, 12 municipal court, orprobateFAMILY DIVISION OF CIRCUIT court a 13 statement listing the defendant's prior convictions. 14 (15) If a person is charged with a violation of subsection 15 (1) or (3), the court shall not permit the defendant to enter a 16 plea of guilty or nolo contendere to a charge of violating 17 subsection (6) in exchange for dismissal of the original charge. 18 This subsection does not prohibit the court from dismissing the 19 charge upon the prosecuting attorney's motion. 20 (16) A prior conviction shall be established at sentencing 21 by 1 or more of the following: 22 (a) An abstract of conviction. 23 (b) A copy of the defendant's driving record. 24 (c) An admission by the defendant. 25 (17) A person who is convicted of an attempted violation of 26 subsection (1), (3), (4), (5), or (6) or a local ordinance 04923'97 13 1 substantially corresponding to subsection (1), (3), or (6) shall 2 be punished as if the offense had been completed. 3 (18) When assessing points and taking licensing action under 4 this act, the secretary of state and the court shall treat a con- 5 viction of an attempted violation of subsection (1), (3), (4), 6 (5), or (6) or a local ordinance substantially corresponding to 7 subsection (1), (3), or (6) or a law of another state substan- 8 tially corresponding to subsection (1), (3), (4), (5), or (6) the 9 same as if the offense had been completed. 10 (19) Except as otherwise provided in subsection (21), if a 11 person is charged with operating a vehicle while under the influ- 12 ence of a controlled substance or a combination of intoxicating 13 liquor and a controlled substance in violation of subsection (1) 14 or a local ordinance substantially corresponding to 15 subsection (1), the court shall require the jury to return a spe- 16 cial verdict in the form of a written finding or, if the court 17 convicts the person without a jury or accepts a plea of guilty or 18 nolo contendere, the court shall make a finding as to whether the 19 person was under the influence of a controlled substance or a 20 combination of intoxicating liquor and a controlled substance at 21 the time of the violation. 22 (20) Except as otherwise provided in subsection (21), if a 23 person is charged with operating a vehicle while his or her abil- 24 ity to operate the vehicle was visibly impaired due to his or her 25 consumption of a controlled substance or a combination of intoxi- 26 cating liquor and a controlled substance in violation of 27 subsection (3) or a local ordinance substantially corresponding 04923'97 14 1 to subsection (3), the court shall require the jury to return a 2 special verdict in the form of a written finding or, if the court 3 convicts the person without a jury or accepts a plea of guilty or 4 nolo contendere, the court shall make a finding as to whether, 5 due to the consumption of a controlled substance or a combination 6 of intoxicating liquor and a controlled substance, the person's 7 ability to operate a motor vehicle was visibly impaired at the 8 time of the violation. 9 (21) A special verdict described in subsections (19) and 10 (20) is not required if a jury is instructed to make a finding 11 solely as to either of the following: 12 (a) Whether the defendant was under the influence of a con- 13 trolled substance or a combination of intoxicating liquor and a 14 controlled substance at the time of the violation. 15 (b) Whether the defendant was visibly impaired due to his or 16 her consumption of a controlled substance or a combination of 17 intoxicating liquor and a controlled substance at the time of the 18 violation. 19 (22) If a jury or court makes a finding under subsection 20 (19), (20), or (21) that the defendant operated a motor vehicle 21 under the influence of or while impaired due to the consumption 22 of a controlled substance or a combination of a controlled sub- 23 stance and an intoxicating liquor, the court shall do both of the 24 following: 25 (a) Report the finding to the secretary of state. 26 (b) On a form or forms prescribed by the state court 27 administrator, forward to the department of state police a record 04923'97 15 1 that specifies the penalties imposed by the court, including any 2 term of imprisonment, any licensing sanction imposed under 3 section 625b, and any sanction imposed under section 625n. 4 (23) Except as otherwise provided by law, a record described 5 in subsection (22)(b) is a public record and the department of 6 state police shall retain the information contained on that 7 record for not less than 7 years. 8 (24) In a prosecution for a violation of subsection (6), the 9 defendant bears the burden of proving that the consumption of 10 intoxicating liquor was a part of a generally recognized reli- 11 gious service or ceremony by a preponderance of the evidence. 04923'97 Final page. 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