January 18, 2017, Introduced by Rep. Lucido and referred to the Committee on Law and Justice.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 904 and 904a (MCL 257.904 and 257.904a),
section 904 as amended by 2015 PA 11 and section 904a as amended by
1985 PA 53.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 904. (1) A person whose operator's or chauffeur's license
or registration certificate has been suspended or revoked, whose
application for license has been denied, or who has never applied
for a license, shall not operate a motor vehicle upon a highway or
other place open to the general public or generally accessible to
motor vehicles, including an area designated for the parking of
motor vehicles, within this state. A peace officer who determines
that a person is operating a motor vehicle in violation of this
subsection and that the person is the owner of the motor vehicle
shall immediately confiscate the motor vehicle's registration plate
and notify the secretary of state through the law enforcement
information network in a form prescribed by the secretary of state
that the registration plate was confiscated. A registration plate
that has been confiscated under this subsection must be held for a
period of 10 days after the confiscation and, unless the owner of
the motor vehicle provides proof within that 10-day period that the
motor vehicle is insured under chapter 31 of the insurance code of
1956, 1956 PA 218, MCL 500.3101 to 500.3179, must be destroyed. A
police officer who destroys a registration plate as provided in
this subsection shall notify the secretary of state through the law
enforcement information network in a form prescribed by the
secretary of state that the registration plate was destroyed.
(2) A person shall not knowingly permit a motor vehicle owned
by the person to be operated upon a highway or other place open to
the general public or generally accessible to motor vehicles,
including an area designated for the parking of vehicles, within
this state by a person whose license or registration certificate is
suspended or revoked, whose application for license has been
denied, or who has never applied for a license, except as permitted
under this act.
(3) Except as otherwise provided in this section, a person who
violates subsection (1) or (2) is guilty of a misdemeanor
punishable as follows:
(a) For a first violation, by imprisonment for not more than
93 days or a fine of not more than $500.00, or both. Unless the
vehicle was stolen or used with the permission of a person who did
not knowingly permit an unlicensed driver to operate the vehicle,
the registration plates of the vehicle shall be canceled by the
secretary of state upon notification by a peace officer.
(b) For a violation that occurs after a prior conviction, by
imprisonment for not more than 1 year or a fine of not more than
$1,000.00, or both. Unless the vehicle was stolen, the registration
plates of the vehicle shall be canceled by the secretary of state
upon notification by a peace officer.
(4) A person who operates a motor vehicle in violation of
subsection (1) and who, by operation of that motor vehicle, causes
the death of another person is guilty of a felony punishable by
imprisonment for not more than 15 years or a fine of not less than
$2,500.00 or more than $10,000.00, or both. This subsection does
not apply to a person whose operator's or chauffeur's license was
suspended because that person failed to answer a citation or comply
with an order or judgment under section 321a.
(5) A person who operates a motor vehicle in violation of
subsection (1) and who, by operation of that motor vehicle, causes
the serious impairment of a body function of another person is
guilty of a felony punishable by imprisonment for not more than 5
years or a fine of not less than $1,000.00 or more than $5,000.00,
or both. This subsection does not apply to a person whose
operator's or chauffeur's license was suspended because that person
failed to answer a citation or comply with an order or judgment
under section 321a.
(6) In addition to being subject to any other penalty provided
for in this act, if a person is convicted under subsection (4) or
(5), the court may impose the sanction permitted under section
625n. If the vehicle is not ordered forfeited under section 625n,
the court shall order vehicle immobilization under section 904d in
the judgment of sentence.
(7)
A person shall not knowingly permit a motor vehicle owned
by
the person to be operated upon a highway or other place open to
the
general public or generally accessible to motor vehicles,
including
an area designated for the parking of vehicles, within
this
state, by a person whose license or registration certificate
is
suspended or revoked, whose application for license has been
denied,
or who has never been licensed except as permitted by this
act.
If a person permitted to operate a
motor vehicle in violation
of
this subsection (2) causes the serious impairment of a body
function of another person by operation of that motor vehicle, the
person
who knowingly permitting permitted the operation of that
motor vehicle in violation of subsection (2) is guilty of a felony
punishable by imprisonment for not more than 2 years, or a fine of
not less than $1,000.00 or more than $5,000.00, or both. If a
person
permitted to operate a motor vehicle in violation of this
subsection (2) causes the death of another person by operation of
that
motor vehicle, the person who knowingly permitting permitted
the operation of that motor vehicle in violation of subsection (2)
is guilty of a felony punishable by imprisonment for not more than
5 years, or a fine of not less than $1,000.00 or more than
$5,000.00, or both.
(8) If the prosecuting attorney intends to seek an enhanced
sentence under this section based upon the defendant having 1 or
more prior convictions, the prosecuting attorney shall include on
the complaint and information, or an amended complaint and
information, filed in district court, circuit court, municipal
court, or family division of circuit court, a statement listing the
defendant's prior convictions.
(9)
A prior conviction under this section shall must be
established at or before sentencing by 1 or more of the following:
(a) A copy of a judgment of conviction.
(b) An abstract of conviction.
(c) A transcript of a prior trial, plea, or sentencing.
(d) A copy of a court register of action.
(e) A copy of the defendant's driving record.
(f) Information contained in a presentence report.
(g) An admission by the defendant.
(10) Upon receiving a record of a person's conviction or civil
infraction determination for the unlawful operation of a motor
vehicle or a moving violation reportable under section 732 while
the person's operator's or chauffeur's license is suspended or
revoked, the secretary of state immediately shall impose an
additional like period of suspension or revocation. This subsection
applies only if the violation occurs during a suspension of
definite length or if the violation occurs before the person is
approved for a license following a revocation.
(11) Upon receiving a record of a person's conviction or civil
infraction determination for the unlawful operation of a motor
vehicle or a moving violation reportable under section 732 while
the person's operator's or chauffeur's license is indefinitely
suspended or whose application for a license has been denied, the
secretary of state immediately shall impose a 30-day period of
suspension or denial.
(12) Upon receiving a record of the conviction, bond
forfeiture, or a civil infraction determination of a person for
unlawful operation of a motor vehicle requiring a vehicle group
designation while the designation is suspended or revoked under
section 319b, or while the person is disqualified from operating a
commercial motor vehicle by the United States Secretary of
Transportation or under 49 USC 31301 to 31317, the secretary of
state immediately shall impose an additional like period of
suspension or revocation. This subsection applies only if the
violation occurs during a suspension of definite length or if the
violation occurs before the person is approved for a license
following a revocation.
(13) If the secretary of state receives records of more than 1
conviction or civil infraction determination resulting from the
same incident, all of the convictions or civil infraction
determinations shall be treated as a single violation for purposes
of imposing an additional period of suspension or revocation under
subsection (10), (11), or (12).
(14) Before a person is arraigned before a district court
magistrate or judge on a charge of violating this section, the
arresting officer shall obtain the person's driving record from the
secretary of state and shall furnish the record to the court. The
driving record of the person may be obtained from the secretary of
state's computer information network.
(15) This section does not apply to a person who operates a
vehicle solely for the purpose of protecting human life or property
if the life or property is endangered and summoning prompt aid is
essential.
(16) A person whose vehicle group designation is suspended or
revoked and who has been notified as provided in section 212 of
that suspension or revocation, or whose application for a vehicle
group designation has been denied as provided in this act, or who
has never applied for a vehicle group designation and who operates
a commercial motor vehicle within this state, except as permitted
under this act, while any of those conditions exist is guilty of a
misdemeanor punishable, except as otherwise provided in this
section, by imprisonment for not less than 3 days or more than 93
days or a fine of not more than $100.00, or both.
(17) If a person has a second or subsequent suspension or
revocation under this section within 7 years as indicated on the
person's Michigan driving record, the court shall proceed as
provided in section 904d.
(18) Any period of suspension or revocation required under
subsection (10), (11), or (12) does not apply to a person who has
only 1 currently effective suspension or denial on his or her
Michigan driving record under section 321a and was convicted of or
received a civil infraction determination for a violation that
occurred during that suspension or denial. This subsection may only
be applied once during the person's lifetime.
(19) For purposes of this section, a person who never applied
for a license includes a person who applied for a license, was
denied, and never applied again.
(20) If the secretary of state is notified that a registration
plate was destroyed under subsection (1), the secretary of state
shall cancel the registration plate of the motor vehicle.
(21) The owner of a motor vehicle for which the registration
plate was canceled under subsection (20) who seeks to register his
or her motor vehicle shall obtain a new registration plate for the
motor vehicle from the secretary of state.
Sec.
904a. (1) Any person
, who is not exempt from the license
requirements
under this act, who shall operate operates a
motor
vehicle upon the highways of this state, and who upon the request
of
a police officer is unable to show produce evidence that he or
she has been issued a license to operate a motor vehicle by any
state or foreign country valid within the preceding 3 years
preceding
is guilty of a misdemeanor ,
and upon conviction shall be
punished
punishable as follows:
(a) For a first violation, by imprisonment for not more than
90
days , or by
a fine of not less than $50.00 nor or more than
$100.00,
or both. Any person convicted of a second offense under
this
section shall be punished
(b) For a second or subsequent violation, by imprisonment for
not
less than 2 nor or more than 90 days , or by a fine of $100.00,
or both.
(2) A peace officer who determines that a person is operating
a motor vehicle in violation of subsection (1) and that the person
is the owner of that motor vehicle shall immediately confiscate the
motor vehicle's registration plate and notify the secretary of
state through the law enforcement information network in a form
prescribed by the secretary of state that the registration plate
was confiscated. A registration plate that has been confiscated
under this subsection must be held for a period of 10 days after
the confiscation and, unless the owner of the motor vehicle
provides proof within that 10-day period that the motor vehicle is
insured under chapter 31 of the insurance code of 1956, 1956 PA
218, MCL 500.3101 to 500.3179, shall be destroyed. A peace officer
who destroys a registration plate as provided in this subsection
shall notify the secretary of state through the law enforcement
information network in a form prescribed by the secretary of state
that the registration plate was destroyed.
(3) If the secretary of state is notified that a registration
plate was destroyed under subsection (2), the secretary of state
shall cancel the registration plate.
(4) The owner of a motor vehicle for which the registration
plate was canceled under subsection (3) who seeks to register his
or her motor vehicle shall obtain a new registration plate for the
motor vehicle from the secretary of state.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.