June 15, 2006, Introduced by Rep. Baxter and referred to the Committee on Transportation.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 319 (MCL 257.319), as amended by 2004 PA 362.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 319. (1) The secretary of state shall immediately suspend
a person's license as provided in this section upon receiving a
record of the person's conviction for a crime described in this
section, whether the conviction is under a law of this state, a
local ordinance substantially corresponding to a law of this state,
or a law of another state substantially corresponding to a law of
this state.
(2) The secretary of state shall suspend the person's license
for 1 year for any of the following crimes:
(a) Fraudulently altering or forging documents pertaining to
motor vehicles in violation of section 257.
(b) A violation of section 413 of the Michigan penal code,
1931 PA 328, MCL 750.413.
(c) A violation of section 1 of former 1931 PA 214, MCL
752.191, or section 626c.
(d) A felony in which a motor vehicle was used. As used in
this section, "felony in which a motor vehicle was used" means a
felony during the commission of which the person convicted operated
a motor vehicle and while operating the vehicle presented real or
potential harm to persons or property and 1 or more of the
following circumstances existed:
(i) The vehicle was used as an instrument of the felony.
(ii) The vehicle was used to transport a victim of the felony.
(iii) The vehicle was used to flee the scene of the felony.
(iv) The vehicle was necessary for the commission of the
felony.
(e) A violation of section 602a(2) or (3) of this act or
section 479a(2) or (3) of the Michigan penal code, 1931 PA 328, MCL
750.479a.
(3) The secretary of state shall suspend the person's license
for 90 days for any of the following crimes:
(a) Failing to stop and disclose identity at the scene of an
accident resulting in injury in violation of section 617a.
(b) A violation of section 601b(2), section 601c(1), section
626, or section 653a(3).
(c) Malicious destruction resulting from the operation of a
vehicle under section 382(1)(b), (c), or (d) of the Michigan penal
code, 1931 PA 328, MCL 750.382.
(d) A violation of section 701 of the Michigan liquor control
code of 1998, 1998 PA 58, MCL 436.1701, committed by a person other
than in his or her capacity as a vendor or the agent or employee of
a vendor. As used in this subdivision, "vendor" means that term as
defined in section 113 of the liquor control code of 1998, 1998 PA
58, MCL 436.1113.
(e) (d)
A violation of section 703(2) of the Michigan
liquor
control code of 1998, 1998 PA 58, MCL 436.1703.
(4) The secretary of state shall suspend the person's license
for 30 days for malicious destruction resulting from the operation
of a vehicle under section 382(1)(a) of the Michigan penal code,
1931 PA 328, MCL 750.382.
(5) For perjury or making a false certification to the
secretary of state under any law requiring the registration of a
motor vehicle or regulating the operation of a vehicle on a
highway, or for conduct prohibited under section 324(1) or a local
ordinance substantially corresponding to section 324(1), the
secretary shall suspend the person's license as follows:
(a) If the person has no prior conviction for an offense
described in this subsection within 7 years, for 90 days.
(b) If the person has 1 or more prior convictions for an
offense described in this subsection within 7 years, for 1 year.
(6) For a violation of section 414 of the Michigan penal code,
1931 PA 328, MCL 750.414, the secretary of state shall suspend the
person's license as follows:
(a) If the person has no prior conviction for that offense
within 7 years, for 90 days.
(b) If the person has 1 or more prior convictions for that
offense within 7 years, for 1 year.
(7) For a violation of section 624a or 624b of this act or
section 703(1) of the Michigan liquor control code of 1998, 1998 PA
58, MCL 436.1703, the secretary of state shall suspend the person's
license as follows:
(a) If the person has 1 prior conviction for an offense
described in this subsection or section 33b(1) of former 1933 (Ex
Sess) PA 8, for 90 days. The secretary of state may issue the
person a restricted license after the first 30 days of suspension.
(b) If the person has 2 or more prior convictions for an
offense described in this subsection or section 33b(1) of former
1933 (Ex Sess) PA 8, for 1 year. The secretary of state may issue
the person a restricted license after the first 60 days of
suspension.
(8) The secretary of state shall suspend the person's license
for a violation of section 625 or 625m as follows:
(a) For 180 days for a violation of section 625(1) or (8) if
the person has no prior convictions within 7 years. The secretary
of state may issue the person a restricted license during a
specified portion of the suspension, except that the secretary of
state shall not issue a restricted license during the first 30 days
of suspension.
(b) For 90 days for a violation of section 625(3) if the
person has no prior convictions within 7 years. However, if the
person is convicted of a violation of section 625(3), for operating
a vehicle when, due to the consumption of a controlled substance or
a combination of alcoholic liquor and a controlled substance, the
person's ability to operate the vehicle was visibly impaired, the
secretary of state shall suspend the person's license under this
subdivision for 180 days. The secretary of state may issue the
person a restricted license during all or a specified portion of
the suspension.
(c) For 30 days for a violation of section 625(6) if the
person has no prior convictions within 7 years. The secretary of
state may issue the person a restricted license during all or a
specified portion of the suspension.
(d) For 90 days for a violation of section 625(6) if the
person has 1 or more prior convictions for that offense within 7
years.
(e) For 180 days for a violation of section 625(7) if the
person has no prior convictions within 7 years. The secretary of
state may issue the person a restricted license after the first 90
days of suspension.
(f) For 90 days for a violation of section 625m if the person
has no prior convictions within 7 years. The secretary of state may
issue the person a restricted license during all or a specified
portion of the suspension.
(9) For a violation of section 367c of the Michigan penal
code, 1931 PA 328, MCL 750.367c, the secretary of state shall
suspend the person's license as follows:
(a) If the person has no prior conviction for an offense
described in this subsection within 7 years, for 6 months.
(b) If the person has 1 or more convictions for an offense
described in this subsection within 7 years, for 1 year.
(10) For a violation of section 315(4), the secretary of state
may suspend the person's license for 6 months.
(11) For a violation or attempted violation of section 411a(2)
of the Michigan penal code, 1931 PA 328, MCL 750.411a, involving a
school, the secretary of state shall suspend the license of a
person 14 years of age or over but less than 21 years of age until
3 years after the date of the conviction or juvenile disposition
for the violation. The secretary of state may issue the person a
restricted license after the first 365 days of suspension.
(12) Except as provided in subsection (14), a suspension under
this section shall be imposed notwithstanding a court order unless
the court order complies with section 323.
(13) If the secretary of state receives records of more than 1
conviction of a person resulting from the same incident, a
suspension shall be imposed only for the violation to which the
longest period of suspension applies under this section.
(14) The secretary of state may waive a restriction,
suspension, or revocation of a person's license imposed under this
act if the person submits proof that a court in another state
revoked, suspended, or restricted his or her license for a period
equal to or greater than the period of a restriction, suspension,
or revocation prescribed under this act for the violation and that
the revocation, suspension, or restriction was served for the
violation, or may grant a restricted license.
(15) The secretary of state shall not issue a restricted
license to a person whose license is suspended under this section
unless a restricted license is authorized under this section and
the person is otherwise eligible for a license.
(16) The secretary of state shall not issue a restricted
license to a person under subsection (8) that would permit the
person to operate a commercial motor vehicle.
(17) A restricted license issued under this section shall
permit the person to whom it is issued to take any driving skills
test required by the secretary of state and to drive under 1 or
more of the following circumstances:
(a) In the course of the person's employment or occupation.
(b) To and from any combination of the following:
(i) The person's residence.
(ii) The person's work location.
(iii) An alcohol or drug education or treatment program as
ordered by the court.
(iv) The court probation department.
(v) A court-ordered community service program.
(vi) An educational institution at which the person is enrolled
as a student.
(vii) A place of regularly occurring medical treatment for a
serious condition for the person or a member of the person's
household or immediate family.
(18) While driving with a restricted license, the person shall
carry proof of his or her destination and the hours of any
employment, class, or other reason for traveling and shall display
that proof upon a peace officer's request.
(19) Subject to subsection (21), as used in subsection (8),
"prior conviction" means a conviction for any of the following,
whether under a law of this state, a local ordinance substantially
corresponding to a law of this state, or a law of another state
substantially corresponding to a law of this state:
(a) Except as provided in subsection (20), a violation or
attempted violation of any of the following:
(i) Section 625, except a violation of section 625(2), or a
violation of any prior enactment of section 625 in which the
defendant operated a vehicle while under the influence of
intoxicating or alcoholic liquor or a controlled substance, or a
combination of intoxicating or alcoholic liquor and a controlled
substance, or while visibly impaired, or with an unlawful bodily
alcohol content.
(ii) Section 625m.
(iii) Former section 625b.
(b) Negligent homicide, manslaughter, or murder resulting from
the operation of a vehicle or an attempt to commit any of those
crimes.
(20) Except for purposes of the suspensions described in
subsection (8)(c) and (d), only 1 violation or attempted violation
of section 625(6), a local ordinance substantially corresponding to
section 625(6), or a law of another state substantially
corresponding to section 625(6) may be used as a prior conviction.
(21) If 2 or more convictions described in subsection (19) are
convictions for violations arising out of the same transaction,
only 1 conviction shall be used to determine whether the person has
a prior conviction.