September 16, 2008, Introduced by Senators GEORGE, PAPPAGEORGE and BROWN and referred to the Committee on Judiciary.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
(MCL 257.1 to 257.923) by adding section 601d.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 601d. (1) A person who commits a moving violation and as
a result causes injury to a vulnerable roadway user on a highway
who is in compliance with this act is guilty of a misdemeanor
punishable by imprisonment for not more than 1 year or a fine of
not more than $1,000.00, or both.
(2) A person who commits a moving violation and as a result
causes death to a vulnerable roadway user on a highway who is in
compliance with this act is guilty of a felony punishable by
imprisonment for not more than 15 years or a fine of not more than
$7,500.00, or both.
(3) This section does not prohibit a person from being charged
with, convicted of, or punished for any other violation of law
arising out of the same transaction as the violation of this
section.
(4) The court may order a term of imprisonment imposed for a
violation of this section to be served consecutively to a term of
imprisonment imposed for any other crime including any other
violation of law arising out of the same transaction as the
violation of this section.
(5) As used in this section:
(a) "Moving violation" means an act or omission prohibited
under this act or a local ordinance substantially corresponding to
this act that occurs while a person is operating a motor vehicle
and for which the person is subject to a fine.
(b) "Nonmotorized transportation device" means a device in,
upon, or by which any person or property, or both, is or may be
transported or drawn upon a highway by human power and that is not
designed to be operated by motor. Nonmotorized transportation
device includes, but is not limited to, all of the following:
(i) A cycle with 1 or more wheels, including, but not limited
to, a bicycle.
(ii) A skateboard.
(iii) Roller skates or inline skates.
(c) "Vulnerable roadway user" means a pedestrian or a person
operating a nonmotorized transportation device.