HOUSE BILL No. 5781 April 23, 1998, Introduced by Rep. Law and referred to the Committee on Judiciary. A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 319 (MCL 257.319), as amended by 1996 PA 587. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 319. (1) The secretary of state shall immediately sus- 2 pend a person's license for not less than 90 days or more than 2 3 years upon receiving a record of the person's conviction for any 4 of the following crimes or attempts to commit any of the follow- 5 ing crimes, whether the conviction is under a law of this state, 6 a local ordinance substantially corresponding to a law of this 7 state, or a law of another state substantially corresponding to a 8 law of this state: 9 (a) Fraudulently altering or forging documents pertaining to 10 motor vehicles, in violation of section 257. 04963'97 TJS 2 1 (b) Perjury or making a false certification to the secretary 2 of state under any law requiring the registration of a motor 3 vehicle or regulating the operation of a motor vehicle on a 4 highway. 5 (c) A violation of section 413 or 414 of the Michigan penal 6 code,Act No. 328 of the Public Acts of 1931, being sections7750.413 and 750.414 of the Michigan Compiled Laws1931 PA 328, 8 MCL 750.413 AND 750.414, or a violation of section 1 ofAct9No. 214 of the Public Acts of 1931, being section 752.191 of the10Michigan Compiled Laws1931 PA 214, MCL 752.191. 11 (d) A conviction for reckless driving in violation of sec- 12 tion 626. 13 (e) Failing to stop and disclose identity at the scene of an 14 accident resulting in death or injury in violation of section 617 15 or 617a. 16 (f) A felony in which a motor vehicle was used. As used in 17 this section, "felony in which a motor vehicle was used" means a 18 felony during the commission of which the person convicted oper- 19 ated a motor vehicle and while operating the vehicle presented 20 real or potential harm to persons or property and 1 or more of 21 the following circumstances existed: 22 (i) The vehicle was used as an instrument of the felony. 23 (ii) The vehicle was used to transport a victim of the 24 felony. 25 (iii) The vehicle was used to flee the scene of the felony. 26 (iv) The vehicle was necessary for the commission of the 27 felony. 04963'97 3 1 (2) The secretary of state shall suspend the license of a 2 person convicted of malicious destruction resulting from the 3 operation of a motor vehicle under section 382 of the Michigan 4 penal code,Act No. 328 of the Public Acts of 1931, being sec-5tion 750.382 of the Michigan Compiled Laws1931 PA 328, 6 MCL 750.382, for not more than 1 year as ordered by the court as 7 part of the sentence. 8 (3) The secretary of state shall immediately suspend a 9 person's license for the period specified in the abstract of con- 10 viction upon receiving the person's license and abstract of con- 11 viction forwarded to the secretary of state pursuant to section 12 367c of the Michigan penal code,Act No. 328 of the Public Acts13of 1931, being section 750.367c of the Michigan Compiled Laws14 1931 PA 328, MCL 750.367C. 15 (4) Except as otherwise provided in subsection(9)(10), 16 if a court has not ordered a suspension of a person's license 17 under this act for a violation described in subdivision (a), (b), 18 (c), or (d) for a period equal to or greater than the suspension 19 period prescribed under subdivision (a), (b), (c), or (d) for the 20 violation, the secretary of state shall suspend the license as 21 follows, notwithstanding a court order issued under 22 section 625(1), (3), or (6), section 625b, former section 625(1) 23 or (2), or former section 625b or a local ordinance substantially 24 corresponding to section 625(1), (3), or (6), section 625b, 25 former section 625(1) or (2), or former section 625b: 26 (a) For not less than 90 days or more than 1 year upon 27 receiving a record of the person's conviction for a violation of 04963'97 4 1 section 625(3), a local ordinance substantially corresponding to 2 section 625(3), or a law of another state substantially corre- 3 sponding to section 625(3) if the person has no prior convictions 4 within 7 years for a violation of section 625(1), (3), (4), or 5 (5), former section 625(1) or (2), or former section 625b, a 6 local ordinance substantially corresponding to section 625(1) or 7 (3), former section 625(1) or (2), or former section 625b, or a 8 law of another state substantially corresponding to section 9 625(1), (3), (4), or (5), former section 625(1) or (2), or former 10 section 625b. However, if the person is convicted of a violation 11 of section 625(3), a local ordinance substantially corresponding 12 to section 625(3), or a law of another state substantially corre- 13 sponding to section 625(3) for operating a vehicle when, due to 14 the consumption of a controlled substance or a combination of 15 intoxicating liquor and a controlled substance, the person's 16 ability to operate the vehicle was visibly impaired, the secre- 17 tary of state shall suspend the person's license under this sub- 18 division for not less than 6 months or more than 1 year. 19 (b) For not less than 6 months or more than 2 years upon 20 receiving a record of the person's conviction if the person has 21 the following convictions, whether under the law of this state, a 22 local ordinance substantially corresponding to a law of this 23 state, or a law of another state substantially corresponding to a 24 law of this state: 25 (i) One conviction under section 625(1) or former section 26 625(1) or (2). 04963'97 5 1 (ii) Any combination of 2 convictions under section 625(3) 2 or former section 625b within a 7-year period. 3 (iii) One conviction under section 625(1) or former section 4 625(1) or (2) and 1 conviction under section 625(3) or former 5 section 625b within a 7-year period. 6 (iv) One conviction under section 625(4) or (5) followed by 7 1 conviction under section 625(3) within a 7-year period. 8 (c) For not less than 30 days or more than 90 days upon 9 receiving a record of the person's conviction for a violation of 10 section 625(6), a local ordinance substantially corresponding to 11 section 625(6), or a law of another state substantially corre- 12 sponding to section 625(6) if the person has no prior convictions 13 within 7 years for a violation of section 625(1), (3), (4), (5), 14 or (6), former section 625(1) or (2), or former section 625b, a 15 local ordinance substantially corresponding to section 625(1), 16 (3), or (6), former section 625(1) or (2), or former section 17 625b, or a law of another state substantially corresponding to 18 section 625(1), (3), (4), (5), or (6), former section 625(1) or 19 (2), or former section 625b. 20 (d) For not less than 90 days or more than 1 year upon 21 receiving a record of the person's conviction for a violation of 22 section 625(6), a local ordinance substantially corresponding to 23 section 625(6), or a law of another state substantially corre- 24 sponding to section 625(6) if the person has 1 or more prior con- 25 victions within 7 years for a violation of section 625(1), (3), 26 (4), (5), or (6), former section 625(1) or (2), or former section 27 625b, a local ordinance substantially corresponding to section 04963'97 6 1 625(1), (3), or (6), former section 625(1) or (2), or former 2 section 625b, or a law of another state substantially correspond- 3 ing to section 625(1), (3), (4), (5), or (6), former section 4 625(1) or (2), or former section 625b. 5 (5) Upon receiving a certificate of conviction under section 6 33b(2) of the Michigan liquor control act,Act No. 8 of the7Public Acts of the Extra Session of 1933, being section 436.33b8of the Michigan Compiled Laws1933 (EX SESS) PA 8, MCL 436.33B, 9 or a local ordinance or law of another state substantially corre- 10 sponding to section 33b(2) ofAct No. 8 of the Public Acts of11the Extra Session of 19331933 (EX SESS) PA 8, MCL 436.33B, the 12 secretary of state shall suspend pursuant to court order the 13 person's operator's or chauffeur's license for 90 days. A sus- 14 pension under this subsection shall be in addition to any other 15 suspension of the person's license. 16 (6) Upon receiving the record of a person's conviction for a 17 violation of section 602a(2) or (3) of this act or section 18 479a(2) or (3) ofAct No. 328 of the Public Acts of 1931, being19section 750.479a of the Michigan Compiled LawsTHE MICHIGAN 20 PENAL CODE, 1931 PA 328, MCL 750.479A, the secretary of state 21 immediately shall suspend the person's license for the period 22 ordered by the court as part of the sentence or disposition. 23 (7) Upon receiving an abstract of conviction for a violation 24 of section 33b(1) ofAct No. 8 of the Public Acts of the Extra25Session of 1933, being section 436.33b of the Michigan Compiled26LawsTHE MICHIGAN LIQUOR CONTROL ACT, 1933 (EX SESS) PA 8, 27 MCL 436.33B, or section 624a or 624b or a local ordinance 04963'97 7 1 substantially corresponding to those sections, the secretary of 2 state shall suspend the person's operator's or chauffeur's 3 license for the period of time described in section 33b(4) of 4Act No. 8 of the Public Acts of the Extra Session of 1933THE 5 MICHIGAN LIQUOR CONTROL ACT, 1933 (EX SESS) PA 8, MCL 436.33B, or 6 section 624a or 624b notwithstanding any court order to the con- 7 trary and, if applicable, issue a restricted license as ordered 8 by the court in the manner provided for in section 33b ofAct9No. 8 of the Public Acts of the Extra Session of 1933THE 10 MICHIGAN LIQUOR CONTROL ACT, 1933 (EX SESS) PA 8, MCL 436.33B, or 11 section 624a or 624b. If the person does not possess an 12 operator's or chauffeur's license, the secretary of state shall 13 deny the person's application for an operator's or chauffeur's 14 license for the applicable suspension period. 15 (8) THE SECRETARY OF STATE SHALL SUSPEND THE LICENSE OF A 16 PERSON CONVICTED OF MALICIOUS DESTRUCTION OF PROPERTY THROUGH ANY 17 METHOD OF DEFACEMENT, INCLUDING, BUT NOT LIMITED TO, PAINTING, 18 DRAWING, WRITING, OR OTHERWISE MARRING THE SURFACE OF THE PROP- 19 ERTY BY USE OF PAINT, SPRAY PAINT, INK, OR ANY OTHER SUBSTANCE OR 20 OBJECT. THE LICENSE SHALL BE SUSPENDED FOR 3 MONTHS FOR A FIRST 21 CONVICTION AND 6 MONTHS FOR A SECOND OR SUBSEQUENT CONVICTION. A 22 PERSON WHO DOES NOT HAVE AN OPERATOR'S OR CHAUFFEUR'S LICENSE AND 23 WHO IS CONVICTED OF A CRIME DESCRIBED IN THIS SUBSECTION IS 24 SUBJECT TO THE FOLLOWING: 25 (A) FOR A FIRST CONVICTION, THE PERSON SHALL BE PROHIBITED 26 FROM RECEIVING AN OPERATOR'S OR CHAUFFEUR'S LICENSE FOR 3 MONTHS 27 AFTER OTHERWISE BECOMING ELIGIBLE FOR THAT LICENSE. 04963'97 8 1 (B) FOR A SECOND OR SUBSEQUENT CONVICTION, THE PERSON SHALL 2 BE PROHIBITED FROM RECEIVING AN OPERATOR'S OR CHAUFFEUR'S LICENSE 3 FOR 6 MONTHS AFTER OTHERWISE BECOMING ELIGIBLE FOR THAT LICENSE. 4 (9)(8)Except as provided in subsection(10)(11), a 5 suspension under this section shall be imposed notwithstanding a 6 court order issued under section 625(1), (3), (4), (5), or (6) or 7 section 625b or a local ordinance substantially corresponding to 8 section 625(1), (3), or (6) or section 625b. 9 (10)(9)If the secretary of state receives records of 10 more than 1 conviction of a person resulting from the same inci- 11 dent, a suspension shall be imposed only for the violation to 12 which the longest period of suspension applies under this 13 section. 14 (11)(10)The secretary of state may waive a suspension of 15 a person's license imposed under subsection (4)(a), (b), (c), or 16 (d) if the person submits proof that a court in another state 17 revoked, suspended, or restricted his or her license for a period 18 equal to or greater than the period of a suspension prescribed 19 under subsection (4)(a), (b), (c), or (d) for the violation and 20 that the revocation, suspension, or restriction was served for 21 the violation, or may grant a restricted license. 04963'97 Final page. 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