HOUSE BILL No. 4958

 

May 19, 2009, Introduced by Reps. Knollenberg, Barnett, Valentine, Roberts, Durhal, Coulouris, Robert Jones, Geiss, Slavens, Liss, Bauer, Meadows, Nerat and Lisa Brown and referred to the Committee on Transportation.

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

(MCL 257.1 to 257.923) by adding section 601e.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 601e. (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.