HOUSE BILL No. 5567 April 11, 2000, Introduced by Rep. Patterson and referred to the Committee on Family and Civil Law. 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 1999 PA 40 and section 907 as amended by 1998 PA 105. 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, ORV, 9 or snowmobile.......................................... 6 points 06081'00 TJS 2 1 (b) A violation of section 625(1), (4), (5), or 2 (7), beginning October 1, 2000, section 81134 or 3 82127(1) of the natural resources and environmental 4 protection act, 1994 PA 451, MCL 324.81134 and 5 324.82127, or a law or ordinance substantially corre- 6 sponding to section 625(1), (4), (5), or (7) or, begin- 7 ning October 1, 2000, section 81134 or 82127(1) of the 8 natural resources and environmental protection act, 9 1994 PA 451, MCL 324.81134 and 324.82127............... 6 points 10 (c) Failing to stop and disclose identity at the 11 scene of an accident when required by law.............. 6 points 12 (d) Operating a motor vehicle in a reckless manner 6 points 13 (e) Violation of any law or ordinance pertaining 14 to speed by exceeding the lawful maximum by more than 15 15 miles per hour...................................... 4 points 16 (f) Violation of section 625(3) or (6), beginning 17 October 1, 2000, section 81135 or 82127(3) of the natu- 18 ral resources and environmental protection act, 1994 PA 19 451, MCL 324.81135 and 324.82127, or a law or ordinance 20 substantially corresponding to section 625(3) or (6) 21 or, beginning October 1, 2000, section 81135 or 22 82127(3) of the natural resources and environmental 23 protection act, 1994 PA 451, MCL 324.81135 and 24 324.82127.............................................. 4 points 25 (g) Fleeing or eluding an officer................. 6 points 26 (h) Violation of section 626a or a law or 27 ordinance substantially corresponding to section 626a.. 4 points 06081'00 3 1 (i) Violation of any law or ordinance pertaining 2 to speed by exceeding the lawful maximum by more than 3 10 but not more than 15 miles per hour or careless 4 driving in violation of section 626b or a law or ordi- 5 nance substantially corresponding to section 626b...... 3 points 6 (j) Violation of any law or ordinance pertaining 7 to speed by exceeding the lawful maximum by 10 miles 8 per hour or less....................................... 2 points 9 (k) Disobeying a traffic signal or stop sign, or 10 improper passing....................................... 3 points 11 (l) Violation of section 624a, 624b, or a law or 12 ordinance substantially corresponding to section 624a 13 or 624b................................................ 2 points 14 (m) Violation of section 310e(4) or (6) or a law 15 or ordinance substantially corresponding to section 16 310e(4) or (6)......................................... 2 points 17 (n) All other moving violations pertaining to the 18 operation of motor vehicles reported under this section 2 points 19 (o) A refusal by a person less than 21 years of 20 age to submit to a preliminary breath test required by 21 a peace officer under section 625a..................... 2 points 22 (2) THE SECRETARY OF STATE SHALL ADD 1 POINT TO EACH CONVIC- 23 TION, CIVIL INFRACTION DETERMINATION, OR PROBATE COURT DISPOSI- 24 TION IF THE CITATION INDICATES THAT THE USE OF A CELLULAR TELE- 25 PHONE CONTRIBUTED TO THE CAUSE OF THE VIOLATION. 26 (3)(2)Points shall not be entered for a violation of 27 section 310e(14), 311, 625m, 658, 717, 719, 719a, or 723. 06081'00 4 1 (4)(3)Points shall not be entered for bond forfeitures. 2 (5)(4)Points shall not be entered for overweight loads 3 or for defective equipment. 4 (6)(5)If more than 1 conviction, civil infraction deter- 5 mination, or probate court disposition results from the same 6 incident, points shall be entered only for the violation that 7 receives the highest number of points under this section. 8 (7)(6)If a person has accumulated 9 points as provided 9 in this section, the secretary of state may call the person in 10 for an interview as to the person's driving ability and record 11 after due notice as to time and place of the interview. If the 12 person fails to appear as provided in this subsection, the secre- 13 tary of state shall add 3 points to the person's record. 14 (8)(7)If a person violates a speed restriction estab- 15 lished by an executive order issued during a state of energy 16 emergency as provided by 1982 PA 191, MCL 10.81 to 10.89, the 17 secretary of state shall enter points for the violation pursuant 18 to subsection (1). 19 (9)(8)The secretary of state shall enter 6 points upon 20 the record of a person whose license is suspended or denied pur- 21 suant to section 625f. However, if a conviction, civil infrac- 22 tion determination, or probate court disposition results from the 23 same incident, additional points for that offense shall not be 24 entered. 25 (10)(9)If a Michigan driver commits a violation in 26 another state that would be a civil infraction if committed in 27 Michigan, and a conviction results solely because of the failure 06081'00 5 1 of the Michigan driver to appear in that state to contest the 2 violation, upon receipt of the abstract of conviction by the sec- 3 retary of state, the violation shall be noted on the driver's 4 record, but no points shall be assessed against his or her 5 driver's license. 6 Sec. 907. (1) A violation of this act, or a local ordinance 7 substantially corresponding to a provision of this act, which is 8 designated a civil infraction shall not be considered a lesser 9 included offense of a criminal offense. 10 (2) If a person is determined pursuant to sections 741 to 11 750 to be responsible or responsible "with explanation" for a 12 civil infraction under this act or a local ordinance substan- 13 tially corresponding to a provision of this act, the judge, dis- 14 trict court referee, or district court magistrate may order the 15 person to pay a civil fine of not more than $100.00 and costs as 16 provided in subsection (4). HOWEVER, IF IT IS DETERMINED THAT 17 THE USE OF A CELLULAR TELEPHONE CONTRIBUTED TO THE CAUSE OF THE 18 VIOLATION, THE CIVIL FINE ORDERED UNDER THIS SUBSECTION SHALL BE 19 INCREASED BY $25.00. However, for a violation of 20 section 674(1)(s) or a local ordinance substantially correspond- 21 ing to section 674(1)(s), the person shall be ordered to pay 22 costs as provided in subsection (4) and a civil fine of not less 23 than $50.00 or more than $100.00. For a violation of section 328 24 or 710d, the civil fine ordered under this subsection shall not 25 exceed $10.00. For a violation of section 710e, the civil fine 26 and court costs ordered under this subsection shall be $25.00. 27 For a violation of section 682 or a local ordinance substantially 06081'00 6 1 corresponding to section 682, the person shall be ordered to pay 2 costs as provided in subsection (4) and a civil fine of not less 3 than $100.00 or more than $500.00. Permission may be granted for 4 payment of a civil fine and costs to be made within a specified 5 period of time or in specified installments, but unless permis- 6 sion is included in the order or judgment, the civil fine and 7 costs shall be payable immediately. 8 (3) If a person is determined to be responsible or responsi- 9 ble "with explanation" for a civil infraction under this act or a 10 local ordinance substantially corresponding to a provision of 11 this act while driving a commercial motor vehicle, he or she 12 shall be ordered to pay costs as provided in subsection (4) and a 13 civil fine of not more than $250.00. 14 (4) If a civil fine is ordered to be paid under 15 subsection (2) or (3), the judge, district court referee, or dis- 16 trict court magistrate shall summarily tax and determine the 17 costs of the action, which shall not be limited to the costs tax- 18 able in ordinary civil actions, and may include all expenses, 19 direct and indirect, to which the plaintiff has been put in con- 20 nection with the civil infraction, up to the entry of judgment. 21 Except in a civil infraction for a parking violation, costs of 22 not less than $5.00 shall be ordered. Costs shall not be ordered 23 in excess of $100.00. Except as otherwise provided by law, costs 24 shall be payable to the general fund of the plaintiff. 25 (5) In addition to a civil fine and costs ordered under 26 subsection (2) or (3) and subsection (4), the judge, district 27 court referee, or district court magistrate may order the person 06081'00 7 1 to attend and complete a program of treatment, education, or 2 rehabilitation. 3 (6) A district court referee or district court magistrate 4 shall impose the sanctions permitted under subsections (2), (3), 5 and (5) only to the extent expressly authorized by the chief 6 judge or only judge of the district court district. 7 (7) Each district of the district court and each municipal 8 court may establish a schedule of civil fines and costs to be 9 imposed for civil infractions which occur within the respective 10 district or city. If a schedule is established, it shall be 11 prominently posted and readily available for public inspection. 12 A schedule need not include all violations which are designated 13 by law or ordinance as civil infractions. A schedule may exclude 14 cases on the basis of a defendant's prior record of civil infrac- 15 tions or traffic offenses, or a combination of civil infractions 16 and traffic offenses. 17 (8) The state court administrator shall annually publish and 18 distribute to each district and court a recommended range of 19 civil fines and costs for first-time civil infractions. This 20 recommendation shall not be binding upon the courts having juris- 21 diction over civil infractions but is intended to act as a norma- 22 tive guide for judges, district court referees, and district 23 court magistrates and a basis for public evaluation of dispari- 24 ties in the imposition of civil fines and costs throughout the 25 state. 26 (9) If a person has received a civil infraction citation for 27 defective safety equipment on a vehicle under section 683, the 06081'00 8 1 court shall waive a civil fine and costs, upon receipt of 2 certification by a law enforcement agency that repair of the 3 defective equipment was made before the appearance date on the 4 citation. 5 (10) A default in the payment of a civil fine or costs 6 ordered under subsection (2), (3), or (4) or an installment of 7 the fine or costs may be collected by a means authorized for the 8 enforcement of a judgment under chapter 40 of the revised judica- 9 ture act of 1961, 1961 PA 236, MCL 600.4001 to 600.4065, or under 10 chapter 60 of the revised judicature act of 1961, 1961 PA 236, 11 MCL 600.6001 to 600.6098. 12 (11) If a person fails to comply with an order or judgment 13 issued pursuant to this section, within the time prescribed by 14 the court, the driver's license of that person shall be suspended 15 pursuant to section 321a until full compliance with that order or 16 judgment occurs. In addition to this suspension, the court may 17 also proceed under section 908. 18 (12) The court shall waive any civil fine or cost against a 19 person who received a civil infraction citation for a violation 20 of section 710d if the person, before the appearance date on the 21 citation, supplies the court with evidence of acquisition, pur- 22 chase, or rental of a child seating system meeting the require- 23 ments of section 710d. 24 (13) In addition to any fines and costs ordered to be paid 25 under this section, the judge, district court referee, or dis- 26 trict court magistrate shall levy an assessment of $5.00 for each 27 civil infraction determination, except for a parking violation or 06081'00 9 1 a violation for which the total fine and costs imposed are $10.00 2 or less. Upon payment of the assessment, the clerk of the court 3 shall transmit the assessment levied to the state treasury to be 4 deposited into the Michigan justice training fund. An assessment 5 levied under this subsection shall not be considered a civil fine 6 for purposes of section 909. 7 (14) If a person has received a citation for a violation of 8 section 223, the court shall waive any fine and costs, upon 9 receipt of certification by a law enforcement agency that the 10 person, before the appearance date on the citation, produced a 11 valid registration certificate that was valid on the date the 12 violation of section 223 occurred. 13 (15) THE SECRETARY OF STATE, IN CONJUNCTION WITH THE DEPART- 14 MENT OF STATE POLICE, SHALL REPORT TO THE SENATE AND HOUSE STAND- 15 ING COMMITTEES ON TRANSPORTATION 2 YEARS AFTER THE EFFECTIVE DATE 16 OF THE AMENDATORY ACT THAT ADDED THIS SUBSECTION ON THE NUMBER OF 17 CASES IN WHICH A CELLULAR TELEPHONE CONTRIBUTED TO A VIOLATION OF 18 THIS ACT FOR WHICH A FINE WAS IMPOSED UNDER THIS SECTION. 06081'00 Final page. TJS