HOUSE BILL No. 4576 April 8, 1997, Introduced by Reps. Hanley, Prusi, Profit, Hale, Kaza, Cherry, Callahan, Geiger and Goschka and referred to the Committee on Judiciary. A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 303 (MCL 257.303), as amended by 1996 PA 587. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 303. (1) The secretary of state shall not issue a 2 license under this act to any of the following: 3 (a) A person, as an operator, who is less than 18 years of 4 age, except as otherwise provided in this act. 5 (b) A person, as a chauffeur, who is less than 18 years of 6 age, except as otherwise provided in this act. 7 (c) A person whose license has been suspended during the 8 period for which the license was suspended. 9 (d) A person who has been convicted of or received a probate 10 court disposition for a violation of section 625(4) or (5). 00836'97 TJS 2 1 (e) A person who has been convicted of or received a probate 2 court disposition for negligent homicide, manslaughter, or murder 3 resulting from the operation of a motor vehicle. 4 (f) A person who is an habitual violator of the criminal 5 laws relating to operating a vehicle while impaired by or under 6 the influence of intoxicating liquor, a controlled substance, or 7 a combination of intoxicating liquor and a controlled substance 8 or with an alcohol content of 0.10 grams or more per 100 millili- 9 ters of blood, per 210 liters of breath, or per 67 milliliters of 10 urine. Convictions of any of the following, whether under a law 11 of this state, a local ordinance substantially corresponding to a 12 law of this state, or a law of another state substantially corre- 13 sponding to a law of this state, are prima facie evidence that 14 the person is an habitual violator as described in this 15 subdivision: 16 (i) Any combination of 2 convictions within 7 years for any 17 of the following: 18 (A) A violation of section 625(1), (4), or (5). 19 (B) A violation of former section 625(1) or (2). 20 (ii) Any combination of 3 convictions within 10 years for 21 any of the following if any of the convictions resulted from an 22 arrest on or after January 1, 1992: 23 (A) A violation of section 625(1), (3), (4), or (5). 24 (B) A violation of former section 625(1) or (2) or former 25 section 625b. 26 (g) A person who in the opinion of the secretary of state is 27 afflicted with or suffering from a physical or mental disability 00836'97 3 1 or disease preventing that person from exercising reasonable and 2 ordinary control over a motor vehicle while operating the motor 3 vehicle upon the highways. 4 (h) A person who is unable to understand highway warning or 5 direction signs in the English language. 6 (i) A person who is an habitually reckless driver. Two con- 7 victions within 7 years of reckless driving under this act or any 8 other law of this state relating to reckless driving or under a 9 local ordinance of this state or a law of another state that 10 defines the term "reckless driving" substantially similarly to 11 the law of this state are prima facie evidence that the person is 12 an habitually reckless driver. 13 (j) A person who is an habitual criminal. Two convictions 14 of a felony in which a motor vehicle was used in this or another 15 state are prima facie evidence that the person is an habitual 16 criminal. 17 (k) A person who is unable to pass a knowledge, skill, or 18 ability test administered by the secretary of state in connection 19 with the issuance of an original operator's or chauffeur's 20 license, original motorcycle indorsement, or an original or 21 renewal of a vehicle group designation or vehicle indorsement. 22 (l) A person who has been convicted of, has received a pro- 23 bate court disposition for, or has been determined responsible 24 for 2 or more moving violations under a law of this state, a 25 local ordinance substantially corresponding to a law of this 26 state, or a law of another state substantially corresponding to a 27 law of this state within the preceding 3 years, if the violations 00836'97 4 1 occurred before issuance of an original license to the person in 2 this or another state. 3 (M) A PERSON AGAINST WHOM AN OUTSTANDING BENCH WARRANT HAS 4 BEEN ISSUED FOR A VIOLATION OF THE PENAL LAWS OF THIS STATE. 5 (N)(m)A nonresident including a foreign exchange 6 student. 7 (O)(n)A person not licensed under this act who has been 8 convicted of, has received a probate court disposition for, or 9 has been determined responsible for a crime or civil infraction 10 described in section 319, 324, or 904. A person shall be denied 11 a license under this subdivision for the length of time corre- 12 sponding to the period of the licensing sanction that would have 13 been imposed under section 319, 324, or 904 if the person had 14 been licensed at the time of the violation. 15 (P)(o)A person not licensed under this act who has been 16 convicted of or received a probate court disposition for commit- 17 ting a crime described in section 319e. A person shall be denied 18 a license under this subdivision for the length of time that cor- 19 responds to the period of the licensing sanction that would have 20 been imposed under section 319e if the person had been licensed 21 at the time of the violation. 22 (Q)(p)A person not licensed under this act who is deter- 23 mined to have violated section 33b(1) of the Michigan liquor con- 24 trol act,Act No. 8 of the Public Acts of the Extra Session of251933, being section 436.33b of the Michigan Compiled Laws1933 26 (EX SESS) PA 8, MCL 436.33B, or section 624a or 624b. The person 27 shall be denied a license under this subdivision for a period of 00836'97 5 1 time that corresponds to the period of the licensing sanction 2 that would have been imposed under those sections had the person 3 been licensed at the time of the violation. 4 (R)(q)A person who has been convicted of a violation of 5 section 602a(4) or (5) or a violation of section 479a(4) or (5) 6 of the Michigan penal code,Act No. 328 of the Public Acts of71931, being section 750.479a of the Michigan Compiled Laws1931 8 PA 328, MCL 750.479A. 9 (2) Upon receiving the appropriate records of conviction, 10 the secretary of state shall revoke the operator's or chauffeur's 11 license of a person having any of the following, whether under a 12 law of this state, a local ordinance substantially corresponding 13 to a law of this state, or a law of another state substantially 14 corresponding to a law of this state: 15 (a) Two convictions of reckless driving in violation of sec- 16 tion 626 within 7 years. 17 (b) Two convictions of a felony in which a motor vehicle was 18 used within 7 years. 19 (c) Any combination of 2 convictions within 7 years for any 20 of the following: 21 (i) A violation of section 625(1). 22 (ii) A violation of former section 625(1) or (2). 23 (iii) A violation of section 625(4) or (5). 24 (iv) Negligent homicide, manslaughter, or murder resulting 25 from the operation of a motor vehicle. 26 (d) One conviction under section 625(4) or (5). 00836'97 6 1 (e) One conviction of negligent homicide, manslaughter, or 2 murder resulting from the operation of a motor vehicle. 3 (f) Any combination of 3 convictions within 10 years for any 4 of the following if any of the convictions resulted from an 5 arrest on or after January 1, 1992: 6 (i) A violation of section 625(1), (3), (4), or (5). 7 (ii) A violation of former section 625(1) or (2) or former 8 section 625b. 9 (iii) Negligent homicide, manslaughter, or murder resulting 10 from the operation of a motor vehicle. 11 (g) A violation of section 602a(4) or (5) of this act or 12 section 479a(4) or (5) of the Michigan penal code,Act No. 32813of the Public Acts of 1931, being section 750.479a of the14Michigan Compiled Laws1931 PA 328, MCL 750.479A. 15 (3) The secretary of state shall revoke a license under sub- 16 section (2) notwithstanding a court order issued under section 17 625, section 625b, former section 625(1) or (2), or former sec- 18 tion 625b or a local ordinance substantially corresponding to 19 section 625, section 625b, former section 625(1) or (2), or 20 former section 625b. 21 (4) The secretary of state shall not issue a license under 22 this act to a person whose license has been revoked under this 23 act or denied under subsection (1)(d), (e), (f), (i), or (j) 24 until both of the following occur: 25 (a) The later of the following: 26 (i) The expiration of not less than 1 year after the license 27 was revoked or denied. 00836'97 7 1 (ii) The expiration of not less than 5 years after the date 2 of a subsequent revocation or denial occurring within 7 years 3 after the date of any prior revocation or denial. 4 (b) The person meets the requirements of the department. 5 (5) Multiple convictions or civil infraction determinations 6 resulting from the same incident shall be treated as a single 7 violation for purposes of denial or revocation of a license under 8 this section. 9 (6) As used in this section, "felony in which a motor vehi- 10 cle was used" means a felony during the commission of which the 11 person operated a motor vehicle and while operating the vehicle 12 presented real or potential harm to persons or property and 1 or 13 more of the following circumstances existed: 14 (a) The vehicle was used as an instrument of the felony. 15 (b) The vehicle was used to transport a victim of the 16 felony. 17 (c) The vehicle was used to flee the scene of the felony. 18 (d) The vehicle was necessary for the commission of the 19 felony. 00836'97 Final page. 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