INTRODUCTION

The bills would prescribe misdemeanor and felony penalties for drivers who commit moving violations involving individuals at greater risk on the road, such as pedestrians, bikers, equestrians, and operators of devices with limited speed or power (vulnerable roadway users). Committing a moving violation against a vulnerable roadway user that resulted in serious injury requiring hospitalization would be a felony punishable by up to five years' imprisonment or a fine of up to $5,000, or both. If that violation resulted in death, it would be punishable by up to 10 years’ imprisonment or a fine of up to $7,500, or both. The bills also would require the Secretary of State (SOS) to add six points to an individual’s license for the latter violation.

Additionally, the bills would apply current requirements to drive with caution and move over for emergency vehicles to all stationary vehicles, and they would increase, from $400 to $750, the maximum civil fine for failing to do so for an emergency vehicle with emergency personnel present.

The bills are tie-barred, and each bill would take effect 90 days after its enactment.

FISCAL IMPACT

Senate Bill 216 would have a negative fiscal impact on State and local government. New felony arrests and convictions under the bill could increase resource demands on law enforcement, court systems, community supervision, jails, and correctional facilities; however, it is unknown how many people would be prosecuted under the bill’s provisions. The average cost to State government for felony probation supervision is approximately $4,600 per probationer per year. For any increase in prison intakes the average annual cost of housing a prisoner in a State correctional facility is an estimated $48,700. Per diem rates range from $100 to $431 per day (average per diem is $135), depending on the security level of the facility. Any associated increase in fine revenue would increase funding to public libraries.

Senate Bill 217 would have no fiscal impact on local government and an indeterminate fiscal impact on the State, in light of the Michigan Supreme Court's July 2015 opinion in People v. Lockridge, in which the Court ruled that the sentencing guidelines are advisory for all cases. This means that the addition to the guidelines under the bill would not be compulsory for the sentencing judge. As penalties for felony convictions vary, the fiscal impact of any given felony conviction depends on judicial decisions.

MCL 257.303 et al. (S.B. 216) Legislative Analyst: Eleni Lionas

777.12e (S.B. 217) Fiscal Analyst: Joe Carrasco, Jr.

Michael Siracuse

CONTENT

Senate Bill 216 would amend the Michigan Vehicle Code to do the following:

-- Define "vulnerable roadway user" and "vulnerable roadway device" to refer to individuals at greater risk on the road, such as pedestrians, bikers, equestrians, and operators of low-speed devices.

-- Prescribe penalties for an individual who committed a moving violation against a vulnerable roadway user or individual operating an implement of husbandry on a highway that resulted in injury requiring inpatient treatment at a medical facility or death.

-- Add violations or attempted violations of causing serious harm or death to a vulnerable roadway user to the list of violations that could result in the SOS revoking an individual's license.

-- Apply provisions requiring drivers approaching and passing a stationary emergency vehicle to slow down and drive cautiously to all stationary vehicles.

-- Refer to green or rear and front warning lights, in addition to flashing, rotating, or oscillating red, blue, or white lights, in the requirement that a driver exhibit due care and caution upon approaching and passing a stationary authorized emergency vehicle that is giving a visual signal by means of those lights.

-- Specify that a person who did not pass with due caution and care a stationary authorized emergency vehicle with police officer, firefighter, or other emergency personnel present would be responsible for a civil infraction and a fine of $750.

The bill also would repeal Section 653b of the Code, which requires drivers to slow down and drive cautiously when approaching and passing certain utility service vehicles, road maintenance, and solid waste collection vehicles.

Senate Bill 217 would amend the sentencing guidelines in the Code of Criminal Procedure to include felony penalties proposed by Senate Bill 216.

Senate Bill 216 is described in greater detail below.

Vulnerable Roadway User or Transportation Device, Defined

Under the bill, "vulnerable roadway user" would mean any of the following:

-- A pedestrian.

-- An individual using roller or inline skates.

-- An individual using a non-motorized scooter or skateboard.

-- An individual using a wheelchair.

-- An individual riding a horse, pony, donkey, mule, or hinny (equine) or driving or riding an equine-drawn carriage.

-- An individual operating or riding a vulnerable transportation device in compliance with the Code.

-- A United States Postal Service employee or contractor operating a vehicle on that individual's rural postal route in the course of delivering mail or parcels.

"Vulnerable transportation device" would mean a device in, on, or by which an individual is or may be transported or drawn on a highway or street by human power, or by an electrical propulsion system with an average power of 750 watts or one horsepower and a maximum speed on a paved level surface of no more than 30 miles per hour. The term would include at least the following:

-- An electric personal assistive mobility device, meaning a self-balancing non-tandem two-wheeled device, designed to transport only one person at a time, having an electrical propulsion system with an average power of 750 watts or one horsepower and a maximum speed on a paved level surface of not more than 15 miles per hour

-- An electric skateboard, meaning a wheeled device that had a floorboard designed to be stood upon when riding that was no more than 60 inches long and 18 inches wide, was designed to transport only one person at a time, had an electrical propulsion system with power of no more than 2,500 watts, had a maximum speed on a paved level surface of not more than 25 miles per hour, and could have handlebars.

-- An electric bicycle or a bicycle.

Criminal Penalties for Moving Violations

Under the Code, a person who commits a moving violation that has criminal penalties and as a result causes injury to a person operating an implement of husbandry on a highway in compliance with the Code is guilty of a misdemeanor punishable by a maximum of one years' imprisonment or a maximum fine of $1,000, or both. Additionally, a person who commits a moving violation that has criminal penalties and as a result causes death to a person operating an implement of husbandry on a highway in compliance with the Code is guilty of a felony punishable by a maximum of 15 years' imprisonment or a maximum fine of $7,500, or both.

The bill would modify these provisions to apply to a moving violation regardless of if the violation had criminal penalties. Also, the bill specifies that these provisions would apply to an individual who committed a moving violation and as a result caused injury to a vulnerable roadway user who was in compliance with the Code.

Additionally, under the bill, an individual who committed a moving violation and as a result caused serious injury requiring inpatient treatment at a hospital or post-acute rehabilitation facility to a vulnerable roadway user or individual operating an implement of husbandry on a highway in compliance with the Code would be guilty of a felony punishable by a maximum of five years' imprisonment or a maximum fine of $5,000, or both.

"Hospital" would mean a facility offering inpatient, overnight care, and services for observation, diagnosis, and active treatment of an individual with a medical, surgical, obstetric, chronic, or rehabilitative condition requiring the daily direction or supervision of a physician. The term would not include a mental health hospital licensed or operated by the department of health and human services or a hospital operated by the Department of Corrections.

Also, an individual who committed a moving violation and as a result caused the death of a vulnerable roadway user who was in compliance with the Code would be guilty of a felony punishable by a maximum of 10 years’ imprisonment or a maximum fine of $7,500, or both.

"Serious injury" would mean a physical injury that is not necessarily permanent, but that constitutes serious bodily disfigurement or that seriously impairs the functioning of a body organ or limb. The term would include one or more of the following:

-- Loss of a limb or use of a limb.

-- Loss of a hand, foot, finger, or thumb or use of a hand, foot, finger, or thumb.

-- Loss of an eye or ear or use of an eye or ear.

-- Loss or substantial impairment of a bodily function.

-- Serious visible disfigurement.

-- A comatose state that lasts for more than three days.

-- Measurable brain damage or mental impairment.

-- A skull fracture or other serious bone fracture.

-- Subdural hemorrhage or hematoma.

The provisions described above would not prohibit an individual from being charged with, convicted of, or punished for a violation of any other law committed by the individual during the violation except for a violation of Section 626(4), which prescribes reckless driving penalties for a violation that caused the death of another individual.

SOS Point Penalties

The Code requires the SOS to record on an individual's driving record the date of a conviction or civil infraction determination and the associated number of points as prescribed by the Code. The bill would prescribe six points for a moving violation causing serious injury requiring inpatient treatment at a hospital or post-acute rehabilitation facility to a vulnerable roadway user or individual operating an implement of husbandry on a highway in compliance with the Code.

Under the Code, the SOS must revoke or deny issuance of an operator's or chauffeur's license under certain conditions, including any combination of two or more convictions within seven years of the following:

-- A felony in which a motor vehicle was used.

-- A violation or attempted violation in a work zone or school bus zone.

-- A violation or attempted violation casing injury or death to a person operating an implement of husbandry on a highway in compliance with the Code.

-- A violation or attempted violation of fleeing or eluding a visual or audible signal by a police or conservation officer to stop a motor vehicle or vessel.

-- A violation or attempted violation that resulted in the death of another person while not stopping a motor vehicle or vessel for a visual or audible signal by a police or conservation officer.

-- A violation or attempted violation for fleeing the scene of an accident.

-- A violation or attempted violation of not exhibiting due care and caution while approaching or passing a stationary emergency vehicle causing injury or death to any response personnel.

-- A violation or attempted violation of operating a motor vehicle without a license or with a revoked license resulting in injury or death to another individual.

-- Negligent homicide, manslaughter, or murder resulting from the operation of a vehicle or an attempt to commit any of those crimes.

The bill would add to the list, a violation or attempted violation causing serious injury requiring inpatient treatment at a hospital or post-acute rehabilitation facility to a vulnerable roadway user or individual operating an implement of husbandry on a highway in compliance with the Code. It also would add a violation or attempted violation causing death to a vulnerable roadway user who was in compliance with the Code.

Penalties for Passing Stationary Vehicle Without Care

The provisions described below apply to a stationary authorized emergency vehicle. Under the bill, they would instead apply to a stationary vehicle.

[1] Generally, Sections 698 of the Code prohibits the use of flashing, oscillating, or rotating lights of any color except as otherwise provided by law or under certain specified circumstances including for authorized emergency vehicles such as police and fire vehicles among others. Section 698a allows any vehicle to be equipped with lamps for the purpose of warning other drivers to display caution while approaching due to the presence of a traffic hazard.

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.