HB-6012, As Passed Senate, December 18, 2018

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 6012

     A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending sections 317, 318, 601d, and 749 (MCL 257.317, 257.318,

257.601d, and 257.749), section 317 as amended by 2004 PA 362,

sections 318 and 749 as amended by 2008 PA 7, and section 601d as

amended by 2016 PA 46.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 317. (1) The secretary of state may suspend, deny, or

revoke the right of a nonresident to operate a motor vehicle in

this state for a cause for which the license of a resident driver

may be suspended, denied, or revoked. A nonresident who drives a

motor vehicle upon a highway when the privilege to drive has been

suspended, revoked, or denied by the secretary of state is guilty

of a misdemeanor punishable as provided in section 904.

     (2) The secretary of state, upon receiving a record of a

violation of section 321a(1) by a nonresident in this state, shall

notify the motor vehicle administration or other appropriate

officer of the state where the nonresident is licensed of that

violation. The notification required under this subsection shall be

given no later than 6 months after the date the citation was issued

to the nonresident. This subsection does not apply unless the

governor of this state has entered into an interstate compact

requiring the notification described in this subsection. The

secretary of state may only share the information described in this

subsection to verify driving privileges or licensure status, to

report a conviction or withdrawal, or to ensure compliance with 49

CFR 384.209.

(3) (2) The secretary of state, upon receiving a record of the

conviction, civil infraction determination, suspension, revocation,

or forfeiture of bail in this state of a nonresident of a violation

the record of which is required to be maintained under section

204a, shall forward a certified copy of the record to the motor

vehicle administrator or other appropriate officer in the state in

which the person is a resident.

(4) (3) Beginning October 1, 2005, within 30 Within 10 days

after an appeal is completed or the appeal period has expired if an

appeal is not made in a conviction, civil infraction determination,

or bond forfeiture entered against a nonresident in this state for

a violation committed while operating a commercial motor vehicle or

any violation for a commercial driver license holder regardless of

vehicle type, except a parking violation, the secretary of state

shall notify the motor vehicle administration or other appropriate

officer of the state where the nonresident is licensed of that

conviction, determination, or forfeiture. Beginning October 1,

2008, the secretary of state must give notice under this subsection

within 10 days after an appeal is completed or the appeal period

has expired if an appeal is not made.

(5) (4) If the secretary of state suspends, revokes, cancels,

or denies the driving privileges of a nonresident for 60 days or

more and that nonresident is licensed by another state to operate a

commercial motor vehicle, the secretary of state shall, within 10

days after the effective date of the suspension, revocation,

cancellation, or denial, forward a notification about that

suspension, revocation, cancellation, or denial to the motor

vehicle administrator or other appropriate officer of the state

where the nonresident is licensed to operate a motor vehicle. A

notice given under this subsection must include both the denial, if

any, and the violation that caused the suspension, revocation,

cancellation, or denial of the nonresident's driving privileges.

     Sec. 318. (1) The secretary of state may suspend or revoke the

license issued under this act upon receiving notice of the

conviction of that person in another state of an offense in that

state, or the determination of responsibility of that person in an

administrative adjudication in another state for a violation in

that state which, if committed in this state, would be grounds for

the suspension or revocation of the license of an operator or

chauffeur.

     (2) The secretary of state shall suspend a license issued

under this act upon receiving notice of the license holder's

failure to comply with a citation issued by another state until the

secretary of state receives satisfactory evidence of compliance

from the other state. This subsection does not apply unless the

governor of this state has entered into an interstate compact

requiring the suspension described in this subsection. The

secretary of state may only share the information described in this

subsection to verify driving privileges or licensure status, to

report a conviction or withdrawal, or to ensure compliance with 49

CFR 384.209.

     Sec. 601d. (1) A person who commits a moving violation while

operating a vehicle upon a highway or other place open to the

general public, including, but not limited to, an area designated

for the parking of motor vehicles, that causes the death of another

person is guilty of a misdemeanor punishable by imprisonment for

not more than 1 year or a fine of not more than $2,000.00, or both,

if the moving violation was the proximate cause of the death of

another person.

     (2) A person who commits a moving violation while operating a

vehicle upon a highway or other place open to the general public,

including, but not limited to, an area designated for the parking

of motor vehicles, that causes serious impairment of a body

function to another person is guilty of a misdemeanor punishable by

imprisonment for not more than 93 days or a fine of not more than

$500.00, or both.

     (3) This section does not prohibit the person from being

charged with, convicted of, or punished for any other violation of

law.

     (4) As used in this section, "moving violation" means an act

or omission prohibited under this act or a local ordinance

substantially corresponding to this act that involves the operation

of a motor vehicle, and for which a fine may be assessed.

     Sec. 749. (1) When a nonresident is stopped under section 742

for a civil infraction, the police officer making the stop shall

take that person's operator's license or chauffeur's license as

security for the nonresident's appearance in court and satisfaction

of any order that may be issued under section 907 and shall issue

to that person a citation as provided in sections 727c and 742. At

or before the completion of his or her tour of duty, a police

officer taking the operator's license or chauffeur's license shall

deliver that license either to the court named in the citation or

to the police chief or person authorized by the police chief to

receive citations and operator's licenses and chauffeur's licenses.

The police chief or person authorized shall deposit the license and

citation with the court in the same manner as prescribed for

citations in section 728a. Failure to deliver the license shall be

considered contempt of court. If the person does not have an

operator's license or a chauffeur's license in immediate possession

in violation of section 301 or a license or the receipt described

in section 311a in violation of section 311, the officer shall

arrest that person under section 727(d).

     (2) In lieu of the officer's taking of the license under

subsection (1) or before appearance in court, the person stopped

may recognize to the The officer or to the court for shall release

the nonresident upon his or her appearance by leaving with the

officer or court a guaranteed appearance certificate or a sum of

money not to exceed $100.00.personal recognizance.

     (3) If a magistrate is available for an immediate appearance,

upon demand of the person stopped, the officer immediately shall

take the nonresident driver before the magistrate to answer to the

civil infraction alleged. Upon entry of an admission of

responsibility for the civil infraction, with or without

explanation, or upon completion of an informal hearing, the

defendant's license shall be returned if judgment is entered for

the defendant, if any adverse judgment entered against the

defendant is satisfied, or if the defendant leaves with the court a

guaranteed appearance certificate or a sum of money not to exceed

$100.00 as security for payment of any fines or costs ordered. If

the nonresident defendant requests a formal hearing, the hearing

shall be scheduled as provided in section 747. but the defendant's

license shall be retained by the court until final resolution of

the matter unless the defendant leaves with the court the

guaranteed appearance certificate or deposit as provided in

subsection (2) as security for appearance at the scheduled formal

hearing.

     (4) The officer receiving a guaranteed appearance certificate

or deposit of money under subsection (2) shall give a receipt to

the person stopped for the guaranteed appearance certificate or the

money deposited together with the written citation required under

subsection (1).

     (5) At or before the completion of his or her tour of duty a

police officer taking a certificate or deposit of money shall

deliver the certificate or deposit of money and the citation either

to the court named in the citation, or to the police chief or

person authorized by the police chief to receive certificates or

deposits. The police chief or person authorized shall deposit the

certificate or the money deposited and the citation with the court

in the same manner as prescribed for citations in section 728a.

Failure to deliver the money deposited shall be embezzlement of

public money.

(4) (6) If the person who posts a certificate or deposit is

released upon his or her personal recognizance as provided in

subsection (2) fails to appear as required in the citation or for a

scheduled formal hearing, the court having jurisdiction and venue

over the civil infraction shall enter a default judgment against

the person. , and the guaranteed appearance certificate or money

deposited shall be forfeited and applied to any civil fine or costs

ordered under section 907.

     (7) For purposes of this section, "guaranteed appearance

certificate" means a card or certificate containing a printed

statement that a surety company authorized to do business in this

state guarantees the appearance of the person whose signature

appears on the card or certificate, and that the company, if the

person fails to appear in court at the time of a scheduled informal

or formal hearing or to pay any fine or costs imposed under section

907, will pay any fine, costs, or bond forfeiture imposed on the

person in a total amount not to exceed $200.00.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.

     Enacting section 2. This amendatory act does not take effect

unless House Bill No. 5542 of the 99th Legislature is enacted into

law.