Senate Introduced Bill B00645

SENATE BILL No. 645

September 20, 2001, Introduced by Senators GARCIA, GOSCHKA, GAST, MC MANUS,

STEIL, SHUGARS, GOUGEON, HART, MURPHY, KOIVISTO and MC COTTER

and referred to the Committee on Education.

A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending sections 303, 310e, 319, and 732 (MCL 257.303,

257.310e, 257.319, and 257.732), sections 303, 319, and 732 as

amended by 2001 PA 103 and section 310e as amended by 2000

PA 456.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 303. (1) The secretary of state shall not issue a

2 license under this act to any of the following:

3 (a) A person, as an operator, who is less than 18 years of

4 age, except as otherwise provided in this act.

5 (b) A person, as a chauffeur, who is less than 18 years of

6 age, except as otherwise provided in this act.

7 (c) A person whose license has been suspended during the

8 period for which the license was suspended.

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1 (d) A person who in the opinion of the secretary of state is

2 afflicted with or suffering from a physical or mental disability

3 or disease preventing that person from exercising reasonable and

4 ordinary control over a motor vehicle while operating the motor

5 vehicle upon the highways.

6 (e) A person who is unable to understand highway warning or

7 direction signs in the English language.

8 (f) A person who is unable to pass a knowledge, skill, or

9 ability test administered by the secretary of state in connection

10 with the issuance of an original operator's or chauffeur's

11 license, original motorcycle indorsement, or an original or

12 renewal of a vehicle group designation or vehicle indorsement.

13 (g) A person who has been convicted of, has received a juve-

14 nile disposition for, or has been determined responsible for 2 or

15 more moving violations under a law of this state, a local ordi-

16 nance substantially corresponding to a law of this state, or a

17 law of another state substantially corresponding to a law of this

18 state within the preceding 3 years, if the violations occurred

19 before issuance of an original license to the person in this or

20 another state.

21 (h) A nonresident including a foreign exchange student.

22 (i) A person who has failed to answer a citation or notice

23 to appear in court or for any matter pending or fails to comply

24 with an order or judgment of the court, including, but not

25 limited to, paying all fines, costs, fees, and assessments, in

26 violation of section 321a, until that person answers the citation

27 or notice to appear in court or for any matter pending or

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1 complies with an order or judgment of the court, including, but

2 not limited to, paying all fines, costs, fees, and assessments,

3 as provided under section 321a.

4 (j) A person not licensed under this act who has been con-

5 victed of, has received a juvenile disposition for, or has been

6 determined responsible for a crime or civil infraction described

7 in section 319, 324, or 904. A person shall be denied a license

8 under this subdivision for the length of time corresponding to

9 the period of the licensing sanction that would have been imposed

10 under section 319, 324, or 904 if the person had been licensed at

11 the time of the violation.

12 (k) A person not licensed under this act who has been con-

13 victed of or received a juvenile disposition for committing a

14 crime described in section 319e. A person shall be denied a

15 license under this subdivision for the length of time that corre-

16 sponds to the period of the licensing sanction that would have

17 been imposed under section 319e if the person had been licensed

18 at the time of the violation.

19 (l) A person not licensed under this act who is determined

20 to have violated section 33b(1) of former 1933 (Ex Sess) PA 8,

21 section 703(1) of the Michigan liquor control code of 1998, 1998

22 PA 58, MCL 436.1703, or section 624a or 624b of this act. The

23 person shall be denied a license under this subdivision for a

24 period of time that corresponds to the period of the licensing

25 sanction that would have been imposed under those sections had

26 the person been licensed at the time of the violation.

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1 (M) A PERSON LESS THAN 14 YEARS OF AGE WHO HAS BEEN

2 CONVICTED OF OR HAS RECEIVED A JUVENILE DISPOSITION FOR A CRIME

3 DESCRIBED IN SECTION 411A(2)(A) OR (B) OF THE MICHIGAN PENAL

4 CODE, 1931 PA 328, MCL 750.411A, FOR KNOWINGLY MAKING A FALSE

5 REPORT OF A VIOLATION OR ATTEMPTED VIOLATION OF CHAPTER XXXIII OF

6 THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.200 TO 750.212A, TO

7 A SCHOOL, UNTIL HE OR SHE ATTAINS 18 YEARS OF AGE. A PERSON NOT

8 ISSUED A LICENSE UNDER THIS SUBDIVISION IS NOT ELIGIBLE TO BEGIN

9 GRADUATED LICENSING TRAINING UNTIL HE OR SHE ATTAINS 18 YEARS OF

10 AGE.

11 (N) A PERSON 14 YEARS OF AGE OR OVER BUT LESS THAN 21 YEARS

12 OF AGE NOT LICENSED UNDER THIS ACT WHO HAS BEEN CONVICTED OF OR

13 HAS RECEIVED A JUVENILE DISPOSITION FOR A CRIME DESCRIBED IN

14 SECTION 411A(2)(A) OR (B) OF THE MICHIGAN PENAL CODE, 1931

15 PA 328, MCL 750.411A, FOR KNOWINGLY MAKING A FALSE REPORT OF A

16 VIOLATION OR ATTEMPTED VIOLATION OF CHAPTER XXXIII OF THE

17 MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.200 TO 750.212A, TO A

18 SCHOOL, UNTIL HE OR SHE ATTAINS 21 YEARS OF AGE. A PERSON NOT

19 ISSUED A LICENSE UNDER THIS SUBDIVISION IS NOT ELIGIBLE TO BEGIN

20 GRADUATED LICENSING TRAINING OR OTHERWISE OBTAIN AN ORIGINAL

21 OPERATOR'S OR CHAUFFEUR'S LICENSE UNTIL HE OR SHE ATTAINS

22 21 YEARS OF AGE.

23 (2) Upon receiving the appropriate records of conviction,

24 the secretary of state shall revoke the operator's or chauffeur's

25 license of a person and deny issuance of an operator's or

26 chauffeur's license to a person having any of the following,

27 whether under a law of this state, a local ordinance

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1 substantially corresponding to a law of this state, or a law of

2 another state substantially corresponding to a law of this

3 state:

4 (a) Any combination of 2 convictions within 7 years for

5 reckless driving in violation of section 626.

6 (b) Any combination of 2 or more convictions within 7 years

7 for any of the following:

8 (i) A felony in which a motor vehicle was used.

9 (ii) A violation or attempted violation of section 601b(2)

10 or (3), section 601c(1) or (2), section 602a(4) or (5), section

11 653a(3) or (4), or section 904(4) or (5).

12 (iii) Negligent homicide, manslaughter, or murder resulting

13 from the operation of a vehicle or an attempt to commit any of

14 those crimes.

15 (iv) A violation or attempted violation of section 479a(4)

16 or (5) of the Michigan penal code, 1931 PA 328, MCL 750.479a.

17 (c) Any combination of 2 convictions within 7 years for any

18 of the following or a combination of 1 conviction for a violation

19 or attempted violation of section 625(6) and 1 conviction for any

20 of the following within 7 years:

21 (i) A violation or attempted violation of section 625(1),

22 (3), (4), (5), or (7).

23 (ii) A violation of former section 625(1) or (2) or former

24 section 625b.

25 (iii) A violation or attempted violation of section 625m.

26 (d) One conviction for a violation or attempted violation of

27 section 601b(3), section 601c(2), section 602a(4) or (5),

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1 section 625(4) or (5), section 653a(4), or section 904(4) or

2 (5).

3 (e) One conviction of negligent homicide, manslaughter, or

4 murder resulting from the operation of a vehicle or an attempt to

5 commit any of those crimes.

6 (f) One conviction for a violation or attempted violation of

7 section 479a(4) or (5) of the Michigan penal code, 1931 PA 328,

8 MCL 750.479a.

9 (g) Any combination of 3 convictions within 10 years for any

10 of the following or 1 conviction for a violation or attempted

11 violation of section 625(6) and any combination of 2 convictions

12 for any of the following within 10 years, if any of the convic-

13 tions resulted from an arrest on or after January 1, 1992:

14 (i) A violation or attempted violation of section 625(1),

15 (3), (4), (5), or (7).

16 (ii) A violation of former section 625(1) or (2) or former

17 section 625b.

18 (iii) A violation or attempted violation of section 625m.

19 (3) The secretary of state shall revoke a license under sub-

20 section (2) notwithstanding a court order.

21 (4) The secretary of state shall not issue a license under

22 this act to a person whose license has been revoked under this

23 act or revoked and denied under subsection (2) until all of the

24 following occur, as applicable:

25 (a) The later of the following:

26 (i) The expiration of not less than 1 year after the license

27 was revoked or denied.

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1 (ii) The expiration of not less than 5 years after the date

2 of a subsequent revocation or denial occurring within 7 years

3 after the date of any prior revocation or denial.

4 (b) For a denial under subsection (2)(a), (b), (c), and (g),

5 the person rebuts by clear and convincing evidence the presump-

6 tion resulting from the prima facie evidence that he or she is a

7 habitual offender. The convictions that resulted in the revoca-

8 tion and denial constitute prima facie evidence that he or she is

9 a habitual offender.

10 (c) The person meets the requirements of the department.

11 (5) Multiple convictions or civil infraction determinations

12 resulting from the same incident shall be treated as a single

13 violation for purposes of denial or revocation of a license under

14 this section.

15 (6) As used in this section, "felony in which a motor vehi-

16 cle was used" means a felony during the commission of which the

17 person operated a motor vehicle and while operating the vehicle

18 presented real or potential harm to persons or property and 1 or

19 more of the following circumstances existed:

20 (a) The vehicle was used as an instrument of the felony.

21 (b) The vehicle was used to transport a victim of the

22 felony.

23 (c) The vehicle was used to flee the scene of the felony.

24 (d) The vehicle was necessary for the commission of the

25 felony.

26 Sec. 310e. (1) Except as otherwise provided in this act, an

27 operator's or chauffeur's license issued to a person who is 17

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1 years of age or less is valid only upon the issuance of a

2 graduated driver license.

3 (2) The secretary of state shall designate graduated licens-

4 ing provisions in a manner that clearly indicates that the person

5 is subject to the appropriate provisions described in this

6 section.

7 (3) A EXCEPT AS OTHERWISE PROVIDED IN SECTION 303, A

8 person who is not less than 14 years and 9 months of age may be

9 issued a level 1 graduated licensing status to operate a motor

10 vehicle if the person has satisfied all of the following

11 conditions:

12 (a) Passed a vision test and met health standards as pre-

13 scribed by the secretary of state.

14 (b) Successfully completed segment 1 of a driver education

15 course approved by the department of education including a mini-

16 mum of 6 hours of on-the-road driving time with the instructor.

17 (c) Received written approval of a parent or legal

18 guardian.

19 (4) A person issued a level 1 graduated licensing status may

20 operate a motor vehicle only when accompanied either by a

21 licensed parent or legal guardian or, with the permission of the

22 parent or legal guardian, a licensed driver 21 years of age or

23 older. Except as otherwise provided in this section, a person is

24 restricted to operating a motor vehicle with a level 1 graduated

25 licensing status for not less than 6 months.

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1 (5) A person may be issued a level 2 graduated licensing

2 status to operate a motor vehicle if the person has satisfied all

3 of the following conditions:

4 (a) Had a level 1 graduated licensing status for not less

5 than 6 months.

6 (b) Successfully completed segment 2 of a driver education

7 course approved by the department of education.

8 (c) Not incurred a moving violation resulting in a convic-

9 tion or civil infraction determination or been involved in an

10 accident for which the official police report indicates a moving

11 violation on the part of the person during the 90-day period

12 immediately preceding application.

13 (d) Presented a certification by the parent or guardian that

14 he or she, accompanied by his or her licensed parent or legal

15 guardian or, with the permission of the parent or legal guardian,

16 any licensed driver 21 years of age or older, has accumulated a

17 total of not less than 50 hours of behind-the-wheel experience

18 including not less than 10 nighttime hours.

19 (e) Successfully completed a secretary of state approved

20 performance road test. The secretary of state may enter into an

21 agreement with another public or private person or agency,

22 including a city, village, or township, to conduct this per-

23 formance road test. This subdivision applies to a person 16

24 years of age or over only if the person has satisfied subdivi-

25 sions (a), (b), (c), and (d).

26 (6) A person issued a level 2 graduated licensing status

27 under subsection (5) shall remain at level 2 for not less than 6

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1 months and shall not operate a motor vehicle within this state

2 from 12 midnight to 5 a.m. unless accompanied by a parent or

3 legal guardian or a licensed driver over the age of 21 designated

4 by the parent or legal guardian, or except when going to or from

5 employment.

6 (7) The provisions and provisional period described in

7 subsection (4) or (6) shall be expanded or extended, or both,

8 beyond the periods described in subsection (4) or (6) if any of

9 the following occur and are recorded on the licensee's driving

10 record during the provisional periods described in subsection (4)

11 or (6) or any additional periods imposed under this subsection:

12 (a) A moving violation resulting in a conviction, civil

13 infraction determination, or probate court disposition.

14 (b) An accident for which the official police report indi-

15 cates a moving violation on the part of the licensee.

16 (c) A license suspension for a reason other than a mental or

17 physical disability.

18 (d) A violation of subsection (4) or (6).

19 (8) The provisional period described in subsection (4) shall

20 be extended under subsection (7) until the licensee completes 90

21 consecutive days without a moving violation, an accident in which

22 a moving violation resulted, accident, suspension, or provisional

23 period violation listed in subsection (7) or until age 18, which-

24 ever occurs first. The provisional period described in

25 subsection (6) shall be extended under subsection (7) until the

26 licensee completes 12 consecutive months without a moving

27 violation, accident, suspension, or restricted period violation

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1 listed in subsection (7) or until age 18, whichever occurs

2 first.

3 (9) A person who is not less than 17 years of age may be

4 issued a level 3 graduated licensing status under this subsection

5 if the person has completed 12 consecutive months without a

6 moving violation, an accident in which a moving violation

7 resulted, accident, suspension, or restricted period violation

8 listed in subsection (7) while the person was issued a level 2

9 graduated licensing status under subsection (5).

10 (10) Notice shall be given by first-class mail to the last

11 known address of a licensee if the provisions are expanded or

12 extended as described in subsection (7).

13 (11) A person who violates subsection (4) or (6) is respon-

14 sible for a civil infraction.

15 (12) If a person is determined responsible for a violation

16 of subsection (4) or (6), the secretary of state shall send writ-

17 ten notification of any conviction or moving violation to a des-

18 ignated parent or guardian of the person.

19 (13) For purposes of this section:

20 (a) Upon conviction for a moving violation, the date of the

21 arrest for the violation shall be used in determining whether the

22 conviction occurred within a provisional licensure period under

23 this section.

24 (b) Upon entry of a civil infraction determination for a

25 moving violation, the date of issuance of a citation for a civil

26 infraction shall be used in determining whether the civil

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1 infraction determination occurred within a provisional licensure

2 period under this section.

3 (c) The date of the official police report shall be used in

4 determining whether a licensee was driving a motor vehicle

5 involved in an accident for which the official police report

6 indicates a moving violation on the part of the licensee or indi-

7 cates the licensee had been drinking intoxicating liquor.

8 (14) A person shall have his or her graduated licensing

9 status in his or her immediate possession at all times when oper-

10 ating a motor vehicle, and shall display the card upon demand of

11 a police officer. A person who violates this subsection is

12 responsible for a civil infraction.

13 (15) This section does not apply to a person 15 years of age

14 or older who is currently enrolled but has not completed a driver

15 education course on April 1, 1997 or who has completed a driver

16 education course but has not acquired his or her driver license

17 on April 1, 1997.

18 Sec. 319. (1) The secretary of state shall immediately sus-

19 pend a person's license as provided in this section upon receiv-

20 ing a record of the person's conviction for a crime described in

21 this section, whether the conviction is under a law of this

22 state, a local ordinance substantially corresponding to a law of

23 this state, or a law of another state substantially corresponding

24 to a law of this state.

25 (2) The secretary of state shall suspend the person's

26 license for 1 year for any of the following crimes:

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1 (a) Fraudulently altering or forging documents pertaining to

2 motor vehicles in violation of section 257.

3 (b) A violation of section 413 of the Michigan penal code,

4 1931 PA 328, MCL 750.413.

5 (c) A violation of section 1 of 1931 PA 214, MCL 752.191.

6 (d) Failing to stop and disclose identity at the scene of an

7 accident resulting in death or serious injury in violation of

8 section 617.

9 (e) A felony in which a motor vehicle was used. As used in

10 this section, "felony in which a motor vehicle was used" means a

11 felony during the commission of which the person convicted oper-

12 ated a motor vehicle and while operating the vehicle presented

13 real or potential harm to persons or property and 1 or more of

14 the following circumstances existed:

15 (i) The vehicle was used as an instrument of the felony.

16 (ii) The vehicle was used to transport a victim of the

17 felony.

18 (iii) The vehicle was used to flee the scene of the felony.

19 (iv) The vehicle was necessary for the commission of the

20 felony.

21 (f) A violation of section 602a(2) or (3) of this act or

22 section 479a(2) or (3) of the Michigan penal code, 1931 PA 328,

23 MCL 750.479a.

24 (3) The secretary of state shall suspend the person's

25 license for 90 days for any of the following crimes:

26 (a) Failing to stop and disclose identity at the scene of an

27 accident resulting in injury in violation of section 617a.

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1 (b) A violation of section 601b(2), section 601c(1), section

2 626, or section 653a(3).

3 (c) Malicious destruction resulting from the operation of a

4 vehicle under section 382(1)(b), (c), or (d) of the Michigan

5 penal code, 1931 PA 328, MCL 750.382.

6 (d) A violation of section 703(2) of the Michigan liquor

7 control code of 1998, 1998 PA 58, MCL 436.1703.

8 (4) The secretary of state shall suspend the person's

9 license for 30 days for malicious destruction resulting from the

10 operation of a vehicle under section 382(1)(a) of the Michigan

11 penal code, 1931 PA 328, MCL 750.382.

12 (5) For perjury or making a false certification to the sec-

13 retary of state under any law requiring the registration of a

14 motor vehicle or regulating the operation of a vehicle on a high-

15 way, the secretary shall suspend the person's license as

16 follows:

17 (a) If the person has no prior conviction for an offense

18 described in this subsection within 7 years, for 90 days.

19 (b) If the person has 1 or more prior convictions for an

20 offense described in this subsection within 7 years, for 1 year.

21 (6) For a violation of section 414 of the Michigan penal

22 code, 1931 PA 328, MCL 750.414, the secretary of state shall sus-

23 pend the person's license as follows:

24 (a) If the person has no prior conviction for that offense

25 within 7 years, for 90 days.

26 (b) If the person has 1 or more prior convictions for that

27 offense within 7 years, for 1 year.

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1 (7) For a violation of section 624a or 624b of this act or

2 section 703(1) of the Michigan liquor control code of 1998, 1998

3 PA 58, MCL 436.1703, the secretary of state shall suspend the

4 person's license as follows:

5 (a) If the person has 1 prior conviction for an offense

6 described in this subsection or section 33b(1) of former 1933 (Ex

7 Sess) PA 8, for 90 days. The secretary of state may issue the

8 person a restricted license after the first 30 days of

9 suspension.

10 (b) If the person has 2 or more prior convictions for an

11 offense described in this subsection or section 33b(1) of former

12 1933 (Ex Sess) PA 8, for 1 year. The secretary of state may

13 issue the person a restricted license after the first 60 days of

14 suspension.

15 (8) The secretary of state shall suspend the person's

16 license for a violation of section 625 or 625m as follows:

17 (a) For 180 days for a violation of section 625(1) if the

18 person has no prior convictions within 7 years. The secretary of

19 state may issue the person a restricted license during all or a

20 specified portion of the suspension, except that the secretary of

21 state shall not issue a restricted license during the first 30

22 days of suspension.

23 (b) For 90 days for a violation of section 625(3) if the

24 person has no prior convictions within 7 years. However, if the

25 person is convicted of a violation of section 625(3), for operat-

26 ing a vehicle when, due to the consumption of a controlled

27 substance or a combination of intoxicating liquor and a

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1 controlled substance, the person's ability to operate the vehicle

2 was visibly impaired, the secretary of state shall suspend the

3 person's license under this subdivision for 180 days. The secre-

4 tary of state may issue the person a restricted license during

5 all or a specified portion of the suspension.

6 (c) For 30 days for a violation of section 625(6) if the

7 person has no prior convictions within 7 years. The secretary of

8 state may issue the person a restricted license during all or a

9 specified portion of the suspension.

10 (d) For 90 days for a violation of section 625(6) if the

11 person has 1 or more prior convictions for that offense within 7

12 years.

13 (e) For 180 days for a violation of section 625(7) if the

14 person has no prior convictions within 7 years. The secretary of

15 state may issue the person a restricted license after the first

16 90 days of suspension.

17 (f) For 90 days for a violation of section 625m if the

18 person has no prior convictions within 7 years. The secretary of

19 state may issue the person a restricted license during all or a

20 specified portion of the suspension.

21 (9) For a violation of section 367c of the Michigan penal

22 code, 1931 PA 328, MCL 750.367c, the secretary of state shall

23 suspend the person's license as follows:

24 (a) If the person has no prior conviction for an offense

25 described in this subsection within 7 years, for 6 months.

26 (b) If the person has 1 or more convictions for an offense

27 described in this subsection within 7 years, for 1 year.

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1 (10) For a violation of section 315(4), the secretary of

2 state may suspend the person's license for 6 months and shall

3 revoke the person's license for a second or subsequent conviction

4 as required under section 315(5).

5 (11) FOR A VIOLATION DESCRIBED IN SECTION 411A(2)(A) OR (B)

6 OF THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.411A, FOR KNOW-

7 INGLY MAKING A FALSE REPORT OF A VIOLATION OR ATTEMPTED VIOLATION

8 OF CHAPTER XXXIII OF THE MICHIGAN PENAL CODE, 1931 PA 328,

9 MCL 750.200 TO 750.212A, TO A SCHOOL, THE SECRETARY OF STATE

10 SHALL SUSPEND THE LICENSE OF A PERSON 14 YEARS OF AGE OR OVER BUT

11 LESS THAN 21 YEARS OF AGE UNTIL HE OR SHE ATTAINS 21 YEARS OF

12 AGE.

13 (12) ~~(11)~~ Except as provided in subsection ~~(13)~~ (14), a

14 suspension under this section shall be imposed notwithstanding a

15 court order.

16 (13) ~~(12)~~ If the secretary of state receives records of

17 more than 1 conviction of a person resulting from the same inci-

18 dent, a suspension shall be imposed only for the violation to

19 which the longest period of suspension applies under this

20 section.

21 (14) ~~(13)~~ The secretary of state may waive a suspension of

22 a person's license imposed under this act if the person submits

23 proof that a court in another state revoked, suspended, or

24 restricted his or her license for a period equal to or greater

25 than the period of a suspension prescribed under this act for the

26 violation and that the revocation, suspension, or restriction was

27 served for the violation, or may grant a restricted license.

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1 (15) ~~(14)~~ The secretary of state shall not issue a

2 restricted license to a person whose license is suspended under

3 this section unless a restricted license is authorized under this

4 section and the person is otherwise eligible for a license.

5 (16) ~~(15)~~ The secretary of state shall not issue a

6 restricted license to a person under subsection (8) that would

7 permit the person to operate a commercial motor vehicle that

8 hauls hazardous material.

9 (17) ~~(16)~~ A restricted license issued under this section

10 shall permit the person to whom it is issued to drive under 1 or

11 more of the following circumstances:

12 (a) In the course of the person's employment or occupation.

13 (b) To and from any combination of the following:

14 (i) The person's residence.

15 (ii) The person's work location.

16 (iii) An alcohol or drug education or treatment program as

17 ordered by the court.

18 (iv) The court probation department.

19 (v) A court-ordered community service program.

20 (vi) An educational institution at which the person is

21 enrolled as a student.

22 (vii) A place of regularly occurring medical treatment for a

23 serious condition for the person or a member of the person's

24 household or immediate family.

25 (18) ~~(17)~~ While driving with a restricted license, the

26 person shall carry proof of his or her destination and the hours

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1 of any employment, class, or other reason for traveling and shall

2 display that proof upon a peace officer's request.

3 (19) ~~(18)~~ Subject to subsection ~~(20)~~ (21), as used in

4 subsection (8), "prior conviction" means a conviction for any of

5 the following, whether under a law of this state, a local ordi-

6 nance substantially corresponding to a law of this state, or a

7 law of another state substantially corresponding to a law of this

8 state:

9 (a) Except as provided in subsection ~~(19)~~ (20), a viola-

10 tion or attempted violation of section 625(1), (3), (4), (5),

11 (6), or (7), section 625m, former section 625(1) or (2), or

12 former section 625b.

13 (b) Negligent homicide, manslaughter, or murder resulting

14 from the operation of a vehicle or an attempt to commit any of

15 those crimes.

16 (20) ~~(19)~~ Except for purposes of the suspensions described

17 in subsection (8)(c) and (d), only 1 violation or attempted vio-

18 lation of section 625(6), a local ordinance substantially corre-

19 sponding to section 625(6), or a law of another state substan-

20 tially corresponding to section 625(6) may be used as a prior

21 conviction.

22 (21) ~~(20)~~ If 2 or more convictions described in

23 subsection ~~(18)~~ (19) are convictions for violations arising out

24 of the same transaction, only 1 conviction shall be used to

25 determine whether the person has a prior conviction.

26 Sec. 732. (1) Each municipal judge and each clerk of a

27 court of record shall keep a full record of every case in which a

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1 person is charged with or cited for a violation of this act or a

2 local ordinance substantially corresponding to this act regulat-

3 ing the operation of vehicles on highways and with those offenses

4 pertaining to the operation of ORVs or snowmobiles for which

5 points are assessed under section 320a(1)(c) or (h). Except as

6 provided in subsection (15), the municipal judge or clerk of the

7 court of record shall prepare and forward to the secretary of

8 state an abstract of the court record as follows:

9 (a) Within 14 days after a conviction, forfeiture of bail,

10 or entry of a civil infraction determination or default judgment

11 upon a charge of or citation for violating or attempting to vio-

12 late this act or a local ordinance substantially corresponding to

13 this act regulating the operation of vehicles on highways.

14 (b) Immediately for each case charging a violation of

15 section 625(1), (3), (4), (5), (6), or (7) or section 625m or a

16 local ordinance substantially corresponding to section 625(1),

17 (3), or (6) or section 625m in which the charge is dismissed or

18 the defendant is acquitted.

19 (c) Immediately for each case charging a violation of sec-

20 tion 82127(1) or (3), 81134, or 81135 of the natural resources

21 and environmental protection act, 1994 PA 451, MCL 324.82127,

22 324.81134, and 324.81135, or a local ordinance substantially cor-

23 responding to those sections.

24 (2) If a city or village department, bureau, or person is

25 authorized to accept a payment of money as a settlement for a

26 violation of a local ordinance substantially corresponding to

27 this act, the city or village department, bureau, or person shall

04739'01

1 send a full report of each case in which a person pays any amount

2 of money to the city or village department, bureau, or person to

3 the secretary of state upon a form prescribed by the secretary of

4 state.

5 (3) The abstract or report required under this section shall

6 be made upon a form furnished by the secretary of state. An

7 abstract shall be certified by signature, stamp, or facsimile

8 signature of the person required to prepare the abstract as

9 correct. An abstract or report shall include all of the

10 following:

11 (a) The name, address, and date of birth of the person

12 charged or cited.

13 (b) The number of the person's operator's or chauffeur's

14 license, if any.

15 (c) The date and nature of the violation.

16 (d) The type of vehicle driven at the time of the violation

17 and, if the vehicle is a commercial motor vehicle, that vehicle's

18 group designation and indorsement classification.

19 (e) The date of the conviction, finding, forfeiture, judg-

20 ment, or civil infraction determination.

21 (f) Whether bail was forfeited.

22 (g) Any license restriction, suspension, or denial ordered

23 by the court as provided by law.

24 (h) The vehicle identification number and registration plate

25 number of all vehicles that are ordered immobilized or

26 forfeited.

04739'01

1 (i) Other information considered necessary to the secretary

2 of state.

3 (4) The clerk of the court also shall forward an abstract of

4 the court record to the secretary of state upon a person's con-

5 viction involving any of the following:

6 (a) A violation of section 413, 414, or 479a of the Michigan

7 penal code, 1931 PA 328, MCL 750.413, 750.414, and 750.479a.

8 (b) A violation of section 1 of 1931 PA 214, MCL 752.191.

9 (c) Negligent homicide, manslaughter, or murder resulting

10 from the operation of a vehicle.

11 (d) A violation of section 703 of the Michigan liquor con-

12 trol code of 1998, 1998 PA 58, MCL 436.1703, or a local ordinance

13 substantially corresponding to that section.

14 (E) A VIOLATION OF SECTION 411A(2)(A) OR (B) OF THE MICHIGAN

15 PENAL CODE, 1931 PA 328, MCL 750.411A.

16 (F) ~~(e)~~ An attempt to violate, a conspiracy to violate, or

17 a violation of part 74 or section 17766a of the public health

18 code, 1978 PA 368, MCL 333.7401 to 333.7461 and 333.17766a, or a

19 local ordinance that prohibits conduct prohibited under part 74

20 or section 17766a of the public health code, 1978 PA 368,

21 MCL 333.7401 to 333.7461 and 333.17766a, unless the convicted

22 person is sentenced to life imprisonment or a minimum term of

23 imprisonment that exceeds 1 year for the offense.

24 (G) ~~(f)~~ An attempt to commit an offense described in

25 subdivisions (a) to ~~(d)~~ (E).

26 (5) As used in subsections (6) to (8), "felony in which a

27 motor vehicle was used" means a felony during the commission of

04739'01

1 which the person operated a motor vehicle and while operating the

2 vehicle presented real or potential harm to persons or property

3 and 1 or more of the following circumstances existed:

4 (a) The vehicle was used as an instrument of the felony.

5 (b) The vehicle was used to transport a victim of the

6 felony.

7 (c) The vehicle was used to flee the scene of the felony.

8 (d) The vehicle was necessary for the commission of the

9 felony.

10 (6) If a person is charged with a felony in which a motor

11 vehicle was used, other than a felony specified in subsection (4)

12 or section 319, the prosecuting attorney shall include the fol-

13 lowing statement on the complaint and information filed in dis-

14 trict or circuit court:

15 "You are charged with the commission of a felony in which a

16 motor vehicle was used. If you are convicted and the judge finds

17 that the conviction is for a felony in which a motor vehicle was

18 used, as defined in section 319 of the Michigan vehicle code,

19 1949 PA 300, MCL 257.319, your driver's license shall be sus-

20 pended by the secretary of state.".

21 (7) If a juvenile is accused of an act, the nature of which

22 constitutes a felony in which a motor vehicle was used, other

23 than a felony specified in subsection (4) or section 319, the

24 prosecuting attorney or family division of circuit court shall

25 include the following statement on the petition filed in the

26 court:

04739'01

1 "You are accused of an act the nature of which constitutes a

2 felony in which a motor vehicle was used. If the accusation is

3 found to be true and the judge or referee finds that the nature

4 of the act constitutes a felony in which a motor vehicle was

5 used, as defined in section 319 of the Michigan vehicle code,

6 1949 PA 300, MCL 257.319, your driver's license shall be sus-

7 pended by the secretary of state.".

8 (8) If the court determines as part of the sentence or dis-

9 position that the felony for which the person was convicted or

10 adjudicated and with respect to which notice was given under sub-

11 section (6) or (7) is a felony in which a motor vehicle was used,

12 the clerk of the court shall forward an abstract of the court

13 record of that conviction to the secretary of state.

14 (9) As used in subsections (10) and (11), "felony in which a

15 commercial motor vehicle was used" means a felony during the com-

16 mission of which the person operated a commercial motor vehicle

17 and while the person was operating the vehicle 1 or more of the

18 following circumstances existed:

19 (a) The vehicle was used as an instrument of the felony.

20 (b) The vehicle was used to transport a victim of the

21 felony.

22 (c) The vehicle was used to flee the scene of the felony.

23 (d) The vehicle was necessary for the commission of the

24 felony.

25 (10) If a person is charged with a felony in which a commer-

26 cial motor vehicle was used and for which a vehicle group

27 designation on a license is subject to suspension or revocation

04739'01

1 under section 319b(1)(c)(iii), 319b(1)(d), or 319b(1)(e)(iii), or

2 319b(1)(f)(i), the prosecuting attorney shall include the follow-

3 ing statement on the complaint and information filed in district

4 or circuit court:

5 "You are charged with the commission of a felony in which a

6 commercial motor vehicle was used. If you are convicted and the

7 judge finds that the conviction is for a felony in which a com-

8 mercial motor vehicle was used, as defined in section 319b of the

9 Michigan vehicle code, 1949 PA 300, MCL 257.319b, all vehicle

10 group designations on your driver's license shall be suspended or

11 revoked by the secretary of state.".

12 (11) If the judge determines as part of the sentence that

13 the felony for which the defendant was convicted and with respect

14 to which notice was given under subsection (10) is a felony in

15 which a commercial motor vehicle was used, the clerk of the court

16 shall forward an abstract of the court record of that conviction

17 to the secretary of state.

18 (12) Every person required to forward abstracts to the sec-

19 retary of state under this section shall certify for the period

20 from January 1 through June 30 and for the period from July 1

21 through December 31 that all abstracts required to be forwarded

22 during the period have been forwarded. The certification shall

23 be filed with the secretary of state not later than 28 days after

24 the end of the period covered by the certification. The certifi-

25 cation shall be made upon a form furnished by the secretary of

26 state and shall include all of the following:

04739'01

1 (a) The name and title of the person required to forward

2 abstracts.

3 (b) The court for which the certification is filed.

4 (c) The time period covered by the certification.

5 (d) The following statement:

6 "I certify that all abstracts required by section 732 of the

7 Michigan vehicle code, MCL 257.732; MSA 9.2432, for the period

8 __________ through __________ have been forwarded to the secre-

9 tary of state.".

10 (e) Other information the secretary of state considers

11 necessary.

12 (f) The signature of the person required to forward

13 abstracts.

14 (13) The failure, refusal, or neglect of a person to comply

15 with this section constitutes misconduct in office and is grounds

16 for removal from office.

17 (14) Except as provided in subsection (15), the secretary of

18 state shall keep all abstracts received under this section at the

19 secretary of state's main office and the abstracts shall be open

20 for public inspection during the office's usual business hours.

21 Each abstract shall be entered upon the master driving record of

22 the person to whom it pertains.

23 (15) Except for controlled substance offenses described in

24 subsection (4), the court shall not submit, and the secretary of

25 state shall discard and not enter on the master driving record,

26 an abstract for a conviction or civil infraction determination

27 for any of the following violations:

04739'01

1 (a) The parking or standing of a vehicle.

2 (b) A nonmoving violation that is not the basis for the sec-

3 retary of state's suspension, revocation, or denial of an

4 operator's or chauffeur's license.

5 (c) A violation of chapter II that is not the basis for the

6 secretary of state's suspension, revocation, or denial of an

7 operator's or chauffeur's license.

8 (d) A pedestrian, passenger, or bicycle violation, other

9 than a violation of section 703(1) or (2) of the Michigan liquor

10 control code of 1998, 1998 PA 58, MCL 436.1703, or a local ordi-

11 nance substantially corresponding to section 703(1) or (2) of the

12 Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1703,

13 or section 624a or 624b or a local ordinance substantially corre-

14 sponding to section 624a or 624b.

15 (e) A violation of section 710e or a local ordinance sub-

16 stantially corresponding to section 710e.

17 (16) The secretary of state shall discard and not enter on

18 the master driving record an abstract for a bond forfeiture that

19 occurred outside this state. However, the secretary of state

20 shall retain and enter on the master driving record an abstract

21 of an out-of-state bond forfeiture for an offense that occurred

22 after January 1, 1990 in connection with the operation of a com-

23 mercial motor vehicle.

24 (17) The secretary of state shall inform the courts of this

25 state of the nonmoving violations and violations of chapter II

26 that are used by the secretary of state as the basis for the

04739'01

1 suspension, restriction, revocation, or denial of an operator's

2 or chauffeur's license.

3 (18) If a conviction or civil infraction determination is

4 reversed upon appeal, the person whose conviction or determina-

5 tion has been reversed may serve on the secretary of state a cer-

6 tified copy of the order of reversal. The secretary of state

7 shall enter the order in the proper book or index in connection

8 with the record of the conviction or civil infraction

9 determination.

10 (19) The secretary of state may permit a city or village

11 department, bureau, person, or court to modify the requirement as

12 to the time and manner of reporting a conviction, civil infrac-

13 tion determination, or settlement to the secretary of state if

14 the modification will increase the economy and efficiency of col-

15 lecting and utilizing the records. If the permitted abstract of

16 court record reporting a conviction, civil infraction determina-

17 tion, or settlement originates as a part of the written notice to

18 appear, authorized in section 728(1) or 742(1), the form of the

19 written notice and report shall be as prescribed by the secretary

20 of state.

21 (20) Except as provided in this act and notwithstanding any

22 other provision of law, a court shall not order expunction of any

23 violation reportable to the secretary of state under this

24 section.

04739'01 Final page. TJS