November 29, 2017, Introduced by Senators O'BRIEN and KNEZEK and referred to the Committee on Judiciary.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 320a (MCL 257.320a), as amended by 2016 PA 448.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 320a. (1) Within 5 days after receipt of a properly
2 prepared abstract from a court of this state or another state, the
3 secretary of state shall record the date of conviction, civil
4 infraction determination, or probate court disposition, and the
5 number of points for each, based on the following formula, except
6 as otherwise provided in this section and section 629c:
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(a) Manslaughter, negligent homicide, or a |
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felony resulting from the operation of a motor |
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vehicle, ORV, or snowmobile............................6 points |
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(b) A violation of section 601b(2) or (3), |
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601c(1) or (2), 602b(7) or (8), or 653a(3) or |
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(4) or, beginning October 31, 2010, a violation |
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of section 601d........................................6 points |
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(c) A violation of section 625(1), (4), (5), |
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(7), or (8), section 81134 or 82127(1) of the |
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natural resources and environmental protection act, |
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1994 PA 451, MCL 324.81134 and 324.82127, or a law |
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or ordinance substantially corresponding to section |
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625(1), (4), (5), (7), or (8), or section 81134 |
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or 82127(1) of the natural resources and |
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environmental protection act, 1994 PA 451, |
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MCL 324.81134 and 324.82127............................6 points |
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(d) Failing to stop and disclose identity |
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at the scene of an accident when required by law.......6 points |
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(e) Operating a motor vehicle in violation |
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of section 626.........................................6 points |
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(f) Fleeing or eluding an officer.................6 points |
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(g) A violation of section 627(6) pertaining |
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to speed in a work zone described in that section |
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by exceeding the lawful maximum by more than |
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15 miles per hour......................................5 points |
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(h) A violation of any law or ordinance |
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pertaining to speed by exceeding the lawful |
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maximum by more than 15 miles per hour.................4 points |
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(i) A violation of section 625(3) or (6), |
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section 81135 or 82127(3) of the natural |
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resources and environmental protection act, |
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1994 PA 451, MCL 324.81135 and 324.82127, |
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or a law or ordinance substantially corresponding |
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to section 625(3) or (6) or section 81135 |
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or 82127(3) of the natural resources and |
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environmental protection act, 1994 PA 451, |
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MCL 324.81135 and 324.82127............................4 points |
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(j) A violation of section 626a or a law |
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or ordinance substantially corresponding to |
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section 626a...........................................4 points |
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(k) A violation of section 653a(2)................4 points |
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(l) A violation of section 627(6) pertaining |
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to speed in a work zone described in that section |
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by exceeding the lawful maximum by more than 10 |
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but not more than 15 miles per hour....................4 points |
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(m) Beginning October 31, 2010, a moving |
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violation resulting in an at-fault collision with |
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another vehicle, a person, or any other object.........4 points |
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(n) Careless driving in violation of section |
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626b or a law or ordinance substantially |
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corresponding to section 626b..........................3 points |
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(o) A violation of any law or ordinance |
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pertaining to speed by exceeding the lawful |
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maximum by more than 10 miles per hour but not |
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more than 15 miles per hour............................3 points |
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(p) A violation of any law or ordinance |
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pertaining to speed by exceeding the lawful |
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maximum by more than 5 miles per hour but not |
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more than 10 miles per hour ...........................2 points |
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(q) A violation of any law or ordinance |
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pertaining to speed by exceeding the lawful |
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maximum by more than 1 mile per hour but not |
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more than 5 miles per hour.................. ..........1 point |
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(r) Disobeying a traffic signal or stop sign, |
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or improper passing....................................3 points |
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(s) A violation of section 624a, 624b, or |
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a law or ordinance substantially corresponding to |
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section 624a or 624b...................................2 points |
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(t) A violation of section 310e(4) or (6) or |
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a law or ordinance substantially corresponding |
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to section 310e(4) or (6)..............................2 points |
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(u) All other moving violations pertaining to |
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the operation of motor vehicles reported under |
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this section...........................................2 points |
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(v) A refusal by a person less than 21 years |
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of age to submit to a preliminary breath test |
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required by a peace officer under section 625a.........2 points |
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(w) A violation of section 627(6) pertaining |
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to speed in a work zone described in that |
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section by exceeding the lawful maximum by |
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10 miles per hour or less..............................3 points |
23 (2) Points shall not be entered for a violation of section
24 310e(14), 311, 602b(1), 602c, 625m, 658, 710d, 717, 719, 719a, or
25 723.
26 (3) Points shall not be entered for bond forfeitures.
27 (4) Points shall not be entered for overweight loads or for
1 defective equipment.
2 (5) If more than 1 conviction, civil infraction determination,
3 or probate court disposition results from the same incident, points
4 shall be entered only for the violation that receives the highest
5 number of points under this section.
6 (6) If a person has accumulated 9 points as provided in this
7 section, the secretary of state may call the person in for an
8 interview as to the person's driving ability and record after due
9 notice as to time and place of the interview. If the person fails
10 to appear as provided in this subsection, the secretary of state
11 shall add 3 points to the person's record.
12 (7) If a person violates a speed restriction established by an
13 executive order issued during a state of energy emergency as
14 provided by 1982 PA 191, MCL 10.81 to 10.89, the secretary of state
15 shall enter points for the violation under subsection (1).
16 (8) The secretary of state shall enter 6 points upon the
17 record of a person whose license is suspended or denied under
18 section 625f. However, if a conviction, civil infraction
19 determination, or probate court disposition results from the same
20 incident, additional points for that offense shall not be entered.
21 (9) If a Michigan driver commits a violation in another state
22 that would be a civil infraction if committed in Michigan, and a
23 conviction results solely because of the failure of the Michigan
24 driver to appear in that state to contest the violation, upon
25 receipt of the abstract of conviction by the secretary of state,
26 the violation shall be noted on the driver's record, but no points
27 shall be assessed against his or her driver's license.
1 Enacting section 1. This amendatory act takes effect 90 days
2 after the date it is enacted into law.