May 2, 2006, Introduced by Senators ALLEN, GARCIA, GOSCHKA and GEORGE and referred to the Committee on Judiciary.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 208 (MCL 257.208), as amended by 2004 PA 362.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 208. (1) Except as otherwise specified in this section,
the secretary of state may destroy any department records
maintained on file for 7 years, including the information contained
in the central file maintained under section 204a.
(2) Except as otherwise provided in this section, records of
convictions of any offense for which points are provided under
section 320a(1)(a), (b), (c), or (g) or section 320a(8) may be
destroyed after being maintained on file for 10 years. However, if
a person is convicted of violating section 625(1) or (8), the
record of that conviction shall be maintained for the life of the
person.
(3) If a person who is a commercial license holder or a
noncommercial license holder who operates a commercial motor
vehicle
is convicted , 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 ,
of any of the following violations, the record of
that
conviction shall be maintained for the life of the person or until
the person moves to another jurisdiction:
(a) Operating a vehicle in violation of section 625.
(b) Operating a commercial motor vehicle in violation of
section 625m.
(c) Leaving the scene of an accident.
(d) Using a vehicle to commit a felony.
(e) Refusing to take an alcohol or controlled substance test
required under this act.
(f) Operating a commercial motor vehicle when the person's
operator's or chauffeur's license or vehicle group designation is
suspended, revoked, or canceled as a result of prior violations
committed while operating a commercial motor vehicle.
(g) Operating a commercial motor vehicle when the person is
disqualified from operating a commercial motor vehicle.
(h) Causing any fatality through the negligent operation of a
commercial motor vehicle.
(4) Records of stolen vehicles reported in section 253 may be
destroyed after being maintained on file for the year of entry plus
4 years.
(5) Except as otherwise specified in this act, records the
secretary of state considers obsolete and of no further service in
carrying out the department's powers and duties may be destroyed
upon that determination.
(6) If a record of suspension under section 321a does not
contain a conviction for a violation of section 904 or a local
ordinance substantially corresponding to section 904 during the
period of suspension, the secretary of state may destroy the record
180 days after the suspension terminates or as provided in
subsections (1) to (5).
(7) The secretary of state may destroy a record of receipt of
the notice provided for in section 321a(7) after the court involved
informs the secretary of state that all outstanding matters
regarding section 321a(7) have been resolved.
(8) The secretary of state may destroy a record maintained
pursuant to section 204a 180 days after the nonresident driver
against whom a civil infraction determination is entered complies
with an order or judgment issued pursuant to section 907.
Enacting section 1. This amendatory act does not take effect
unless House Bill No. 6009
of the 93rd Legislature is enacted into law.