SENATE BILL NO. 557 April 29, 1999, Introduced by Senator ROGERS and referred to the Committee on Judiciary. A bill to amend 1978 PA 368, entitled "Public health code," by amending section 7408a (MCL 333.7408a), as added by 1993 PA 361. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 7408a. (1) As part of the sentence orprobate court2 JUVENILE disposition for an attempt to violate, a conspiracy to 3 violate, or a violation of this part or section 17766a or of a 4 local ordinance that prohibits conduct prohibited under this part 5 or section 17766a, the court shall consider all prior convictions 6 currently entered upon the criminal history record and Michigan 7 driving record of the person, except those convictions which, 8 upon motion of the defendant, are determined by the court to be 9 constitutionally invalid, and, subject to subsection(10)(12), 01326'99 TVD 2 1 shall impose the following licensing sanctions in addition to any 2 other penalty or sanction imposed for the violation: 3 (a) If the court finds that the person does not have a prior 4 conviction within 7 years of the violation, the court shall order 5 the secretary of state to suspend the operator's or chauffeur's 6 license of the person fora period of6 months. If the court 7 finds compelling circumstances under subsection (8) sufficient to 8 warrant the issuance of a restricted license, the court may order 9 the secretary of state to issue to the person a restricted 10 license during all or a specified portion of the period of sus- 11 pension, except that a restricted license shall not be issued 12 during the first 30 days of the period of suspension. 13 (b) If the court finds that the person has 1 or more prior 14 convictions within 7 years of the violation, the court shall 15 order the secretary of state to suspend the operator's or 16 chauffeur's license of the person fora period of1 year. If 17 the court finds compelling circumstances under subsection (8) 18 sufficient to warrant the issuance of a restricted license, the 19 court may order the secretary of state to issue to the person a 20 restricted license during all or any portion of the period of 21 suspension, except that a restricted license shall not be issued 22 during the first 60 days of the period of suspension. 23 (2) The person whose operator's or chauffeur's license is 24 ordered suspended under this section shall immediately surrender 25to the courthis or her operator's or chauffeur's license TO 26 THE COURT. The court shall immediately destroy the license and 27 forward an abstract of conviction with court-ordered license 01326'99 3 1 sanctions to the secretary of state. Upon receipt of, and 2 pursuant to, the abstract of conviction with court-ordered 3 license sanctions, the secretary of state shall suspend the 4 person's license and, if ordered by the court and if the person 5 is otherwise eligible for a license, issue to the person a 6 restricted license stating the limited driving privileges indi- 7 cated on the abstract. If the judgment is appealed to circuit 8 court, the court may, ex parte, order the secretary of state to 9 stay the suspension or license restriction issuedpursuant to10 UNDER this section pending the outcome of the appeal. 11 (3) Except as otherwise provided in subsection (5), before 12 imposing sentence or entering aprobate courtJUVENILE disposi- 13 tion, other than court-ordered license sanctions under this sec- 14 tion, for an attempt to violate, a conspiracy to violate, or a 15 violation of this part or section 17766a or of a local ordinance 16 that prohibits conduct prohibited under this part or 17 section 17766a, the court may order the person to undergo screen- 18 ing and assessment by a person or agency as designated by the 19 office of substance abuse services, to determine whether the 20 person is likely to benefit from rehabilitative services, includ- 21 ing alcohol or drug education and alcohol or drug treatment 22 programs. The person shall pay for the costs of the screening 23 and assessment services. 24 (4) Except as otherwise provided in subsection (5), as part 25 of the sentence orprobate courtJUVENILE disposition for an 26 attempt to violate, a conspiracy to violate, or a violation of 27 this part or section 17766a or of a local ordinance that 01326'99 4 1 prohibits conduct prohibited under this part or section 17766a, 2 the court may order the person to do 1 or both of the following: 3 (a) Perform service to the community fora period ofnot 4 more than 90 days. A person ordered to perform service to the 5 community under this subdivision shall not receive compensation, 6 and shall reimburse the state or appropriate local unit of gov- 7 ernment for the cost of supervision incurred by the state or 8 local unit of government as a result of the person's activities 9 in that service. 10 (b) Participate in and successfully complete 1 or more 11 appropriate rehabilitative programs. The person shall pay for 12 the costs of the rehabilitative services. 13 (5) Subsections (3) and (4) do not apply to a person who is 14 not eligible for probation under chapter XI of the code of crimi- 15 nal procedure,Act No. 175 of the Public Acts of 1927, being16sections 771.1 to 771.14a of the Michigan Compiled Laws1927 17 PA 175, MCL 777.1 TO 777.14A. 18 (6) A restricted license issuedpursuant toIN COMPLIANCE 19 WITH an order under this section shall permit the person to whom 20 it is issued todoDRIVE UNDER 1 or more of the following 21 CIRCUMSTANCES: 22(a) Drive to and from the person's residence and work23location.24 (A)(b) Drive inIN the course of the person's employment 25 or occupation. 26 (B) TO AND FROM ANY COMBINATION OF THE FOLLOWING: 01326'99 5 1 (i)(c) Drive to and from theTHE person's residence.and2an3 (ii) THE PERSON'S WORK LOCATION. 4 (iii) AN alcohol or drug education or treatment program as 5 ordered by the court. 6 (iv)(d) Drive to and from the person's residence and the7 THE court probation department., or a court-ordered community8service program, or both.9 (v) A COURT-ORDERED COMMUNITY SERVICE PROGRAM. 10 (vi)(e) Drive to and from the person's residence and an11 AN educational institution at which the person is enrolled as a 12 student. 13 (vii) A PLACE OF REGULARLY OCCURRING MEDICAL TREATMENT FOR A 14 SERIOUS CONDITION FOR THE PERSON OR A MEMBER OF THE PERSON'S 15 HOUSEHOLD OR IMMEDIATE FAMILY. 16 (7) The court shall not order the secretary of state under 17 this section to issue a restricted license that would permit a 18 person to operate a commercial motor vehicle that hauls hazardous 19materialsMATERIAL. 20 (8) The court shall not order the secretary of state under 21 this section to issue a restricted license unless the person 22 states under oath, and the court findspursuant toBY testimony 23 taken in open court orpursuant toBY statements contained in a 24 sworn affidavit on a form prescribed by the state court adminis- 25 trator, that both of the followingare trueAPPLY: 26 (a) The person needs vehicular transportation to and from 27 his or her work location, place of alcohol or drug education 01326'99 6 1 treatment, court probation department, court-ordered community 2 service program, or educational institution, or in the course of 3 the person's employment or occupation. 4 (b) The person is unable to take public transportation and 5 does not have any family members or otherindividuals6 INDIVIDUAL able to provide transportation to a destination or for 7 a purpose described in subdivision (a). 8 (9) The court order issued under this section and the 9 restricted license shall indicate the permitted destinations of 10 the person or the permitted purposes for which the person may 11 operate a vehicle, the approved route or routes if specified by 12 the court, and permitted times of travel. 13 (10) REGARDLESS OF A COURT ORDER ISSUED UNDER THIS SECTION, 14 THE SECRETARY OF STATE SHALL NOT ISSUE A RESTRICTED LICENSE TO A 15 PERSON WHOSE LICENSE IS SUSPENDED UNDER THIS SECTION UNLESS A 16 RESTRICTED LICENSE IS AUTHORIZED UNDER THIS SECTION AND THE 17 PERSON IS OTHERWISE ELIGIBLE FOR A LICENSE. 18 (11) WHILE DRIVING, THE PERSON SHALL CARRY PROOF OF HIS OR 19 HER DESTINATION AND THE HOURS OF ANY EMPLOYMENT, CLASS, OR OTHER 20 REASON FOR TRAVELING AND SHALL DISPLAY THAT PROOF UPON A PEACE 21 OFFICER'S REQUEST. 22 (12)(10)A court shall not order the suspension of a 23 person's license if the person is sentenced toeitherlife 24 imprisonment or TO a minimum term of imprisonment that exceeds 1 25 year for an attempt to violate, a conspiracy to violate, or a 26 violation of part 74 or section 17766a. 01326'99 7 1 (13)(11)The court shall do both of the following: 2 (a) Transmit a record of each order issued under this 3 section to the secretary of state. 4 (b) Forward to the department of state police, on a form or 5 forms prescribed by the state court administrator, a record that 6 specifies the penalties imposed by the court for an offense 7 described in subsection (1), including a licensing sanction 8 ordered under this section and a term of imprisonment imposed for 9 the offense. 10 (14)(12)Except as otherwise provided by law, a record 11 described in subsection(11)(13) is a public record, and the 12 department of state police shall retain the information contained 13 in that record for not less than 7 years. 14 (15)(13)As used in this section: 15 (a) "Commercial motor vehicle" means that term as defined in 16 section 7a of the Michigan vehicle code,Act No. 300 of the17Public Acts of 1949, being section 257.7a of the Michigan18Compiled Laws1949 PA 300, MCL 257.7A. 19 (b) "Conviction" means a final conviction, a plea of guilty 20 or nolo contendere if accepted by the court, a finding of guilt, 21 a probate court disposition, or a juvenile adjudication, for a 22 criminal law violation, regardless of whether the penalty is 23 rebated or suspended. 24 (c) "Hazardous material" means that term as defined in 25 section 19b ofAct No. 300 of the Public Acts of 1949, being26section 257.19b of the Michigan Compiled Laws1949 PA 300, 27 MCL 257.19B. 01326'99 8 1 (d) "JuvenileadjudicationDISPOSITION" means either of 2 the following: 3 (i) A finding of juvenile delinquency under chapter 403 of 4 title 18 of the United StatescodeCODE, 18 U.S.C. 5031 to 5040 5 and 5042. 6 (ii) The entry of a judgment or order of disposition by a 7 court of another state that states or is based upon a finding 8 that a juvenile violated a law of another statewhich violation9 THAT would have been a criminal offense if committed by an adult 10 in that state. 11 (e) "Law of another state" means a law or ordinance enacted 12 by another state or by a local unit of government in another 13 state. 14 (f) "Office of substance abuse services" means the agency 15 created by section 6201. 16 (g) "Prior conviction" means either of the following: 17 (i) A conviction for an attempt to violate, a conspiracy to 18 violate, or a violation of part 74 or section 17766a, a local 19 ordinance that prohibits conduct prohibited under part 74 or 20 section 17766a, or a law of another state that prohibits conduct 21 prohibited under part 74 or section 17766a. 22 (ii) A conviction for an attempt to violate, a conspiracy to 23 violate, or a violation of the controlled substances act, title 24 II of the comprehensive drug abuse prevention and control act of 25 1970, Public Law 91-513, 84 Stat. 1242. 26 (h) "Probate court disposition" means the entry of a probate 27 court order of disposition for a child found to be within the 01326'99 9 1 provisions of chapter XIIA ofAct No. 288 of the Public Acts of21939, being sections 712A.1 to 712A.28 of the Michigan Compiled3LawsTHE PROBATE CODE OF 1939, 1939 PA 288, MCL 712A.1 TO 4 712A.28. 5 (i) "Work location" means, as applicable, either the spe- 6 cific place or places of employment, or the territory or territo- 7 ries regularly visited by the person in pursuance of the person's 8 occupation, or both. 9 Enacting section 1. This amendatory act takes effect 10 October 1, 1999. 11 Enacting section 2. This amendatory act does not take 12 effect unless all of the following bills of the 90th Legislature 13 are enacted into law: 14 (a) Senate Bill No. 556. 15 16 (b) Senate Bill No. 559. 17 18 (c) Senate Bill No. 558. 19 20 (d) House Bill No. 4585. 21 22 (e) Senate Bill No. 560. 23 24 (f) House Bill No. 4580. 25 26 (g) House Bill No. 4583. 27 01326'99 10 1 (h) House Bill No. 4584. 2 3 (i) House Bill No. 4581. 4 5 (j) House Bill No. 4582. 6 01326'99 Final page. TVD