HOUSE BILL No. 4959 June 24, 1997, Introduced by Rep. Fitzgerald and referred to the Committee on Judiciary. A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 5a, 8a, 44a, 258, 319, 319b, 625, 625b, and 625m (MCL 257.5a, 257.8a, 257.44a, 257.258, 257.319, 257.319b, 257.625, 257.625b, and 257.625m), section 8a as amended by 1994 PA 449, section 44a as added by 1993 PA 359, section 319 as amended by 1996 PA 587, section 319b as amended by 1996 PA 404, sections 625 and 625m as amended by 1996 PA 491, and section 625b as amended by 1994 PA 450, and by adding sections 23b and 204b. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 5a. "Cancellation" means that a license or registra- 2 tion is annulled and terminated because ofsomeAN error or 3 defect or because the licensee or registrant is no longer 4 entitled tosuchTHE license or registration., butEXCEPT AS 5 OTHERWISE PROVIDED IN THIS ACT, the cancellation of a license or 02139'97 JOJ 2 1 registration is without prejudice and application for a new 2 license or registration may be madeatany time aftersuch3 cancellation. 4 Sec. 8a. "Conviction" means a final conviction, the payment 5 of a fine, a plea of guilty or nolo contendere if accepted by the 6 court, or a finding of guilt for a criminal law violation or a 7 juvenile adjudication,orprobate court disposition, OR JUVE- 8 NILE DISPOSITION for a violation that if committed by an adult 9 would be a crime, regardless of whether the penalty is rebated or 10 suspended. 11 SEC. 23B. "JUVENILE DISPOSITION" MEANS THE ENTRY OF AN 12 ORDER OF DISPOSITION FOR A JUVENILE FOUND TO BE WITHIN THE 13 COURT'S JURISDICTION UNDER CHAPTER XIIA OF 1939 PA 288, MCL 14 712A.1 TO 712A.32. 15 Sec. 44a. "Probate court disposition" means the entry ofa16probate courtAN order of disposition for achildJUVENILE 17 found to be within theprovisions ofCOURT'S JURISDICTION UNDER 18 chapter XIIA ofAct No. 288 of the Public Acts of 1939, being19sections 712A.1 to 712A.28 of the Michigan Compiled Laws1939 PA 20 288, MCL 712A.1 TO 712A.32. 21 SEC. 204B. (1) WHEN ASSESSING POINTS, TAKING LICENSING OR 22 REGISTRATION ACTIONS, OR IMPOSING OTHER SANCTIONS UNDER THIS ACT 23 FOR A CONVICTION OF AN ATTEMPTED VIOLATION OF A LAW OF THIS 24 STATE, A LOCAL ORDINANCE SUBSTANTIALLY CORRESPONDING TO A LAW OF 25 THIS STATE, OR A LAW OF ANOTHER STATE SUBSTANTIALLY CORRESPONDING 26 TO A LAW OF THIS STATE, THE SECRETARY OF STATE OR THE COURT SHALL 02139'97 3 1 TREAT THE CONVICTION THE SAME AS IF IT WERE A CONVICTION FOR THE 2 COMPLETED OFFENSE. 3 (2) THE COURT SHALL NOT IMPOSE A CRIMINAL PENALTY FOR A CON- 4 VICTION OF AN ATTEMPTED VIOLATION OF THIS ACT OR A LOCAL ORDI- 5 NANCE SUBSTANTIALLY CORRESPONDING TO A PROVISION OF THIS ACT IN 6 THE SAME MANNER AS IF THE OFFENSE HAD BEEN COMPLETED EXCEPT AS 7 PROVIDED BY LAW. 8 Sec. 258. (1)(a)ThedepartmentSECRETARY OF STATE 9 may cancel, revoke, or suspend the registration of a vehicle, 10ora certificate of title, registration certificate, or regis- 11 tration plateinIF any of the followingeventsAPPLY: 12 (A)(1) When the department is satisfiedTHE SECRETARY OF 13 STATE DETERMINES thatsuchTHE registration,or that such14 certificate of title, or plate was fraudulently or erroneously 15 issued. 16 (B)(2) When the departmentTHE SECRETARY OF STATE deter- 17 mines that the licensee has made or is making an unlawful use of 18 his OR HER registration certificate, plate, ortitle19 certificate OF TITLE. 20 (C)(3) When aA registered vehicle has been dismantled or 21 wrecked. 22 (D)(4) When the departmentTHE SECRETARY OF STATE deter- 23 mines that the required fee has not been paid andthe sameIT 24 is not paid upon reasonable notice or demand. 25 (E)(5) When aA registration certificate or registration 26 plate is knowingly displayed upon a vehicle other than the one 27 for which IT WAS issued. 02139'97 4 1 (F)(6) When the departmentTHE SECRETARY OF STATE 2 determines that the owner has committedanyAN offense under 3 this act involving the registration or certificate of title. 4 (G)(7) When the departmentTHE SECRETARY OF STATE isso5 authorized TO DO SO underany other provision ofthis act. 6 (H) A COURT ORDERS THE SECRETARY OF STATE TO DO SO UNDER 7 THIS ACT. 8 (I)(8)Uponreceipt ofRECEIVING notification from 9 another state or foreign country that a certificate of title 10 issued by thedepartmentSECRETARY OF STATE has been surren- 11 dered by the owner in conformity with the laws ofsuch other12 THAT state or foreign country. 13 (J)(9) When itIT is shown by satisfactory evidence that 14 delivery of a motor vehicle in the possession of a dealer was not 15 made to the applicant registered under this act. The money paid 16 for registration and license fees may be refunded to the party 17 whomakes applicationAPPLIES for the refund. 18 (2)(b)If the LICENSEE'S offenseof the licenseecon- 19 sistsinOF hauling on the registered vehicle a gross weight 20 more than 1,000 pounds in excess of the elected gross weight 21 specified on the owners'reregistration [sic]REGISTRATION cer- 22 tificate, the registration shall be canceled and the vehicle 23 shall not again be operated on the highways, roads,andOR 24 streetsof the stateuntil it isreregistered,REGISTERED 25 AGAIN and new plates are issued. ThereregistrationNEW 26 REGISTRATION fee shall be computed on the basis of twice the 27 difference between the original registration fee and the 02139'97 5 1 registration fee applicable to the gross weight constituting the 2 violation of the elected gross weight., one-halfONE-HALF of 3whichTHE NEW registration fee shall be a penalty. The period 4 of thereregistrationNEW REGISTRATION fee shall not extend 5 beyond the termination date of the canceled registration 6 certificate. ThereregistrationNEW REGISTRATION fee shall not 7 exceed the maximum gross weight of the vehicle or combination of 8 vehicles as determined by the number of axles and the legal 9 weight applicable tosuchTHOSE axles as specified by section 10 722.For the purpose of this act theTHE gross weight of a 11 vehicle or combination of vehicles may be determined by weighing 12 the individual axles or group of axles, and the total weight on 13 all axlesshall beIS the gross vehicle weight. 14 (3)(c)BeforeanyTHE SECRETARY OF STATE MAKES A can- 15 cellation undersubparagraphs 1, 2, 5, 6 and 7 of this section16is made,SUBSECTION (1)(A), (B), (E), (F), OR (G), the person 17 affectedtherebyBY THE CANCELLATION shall be given notice and 18 an opportunity to be heard. 19 Sec. 319. (1) The secretary of state shall immediately sus- 20 pend a person's license for not less than 90 days or more than 2 21 years upon receiving a record of the person's conviction for any 22 of the following crimes or attempts to commit any of the follow- 23 ing crimes, whether the conviction is under a law of this state, 24 a local ordinance substantially corresponding to a law of this 25 state, or a law of another state substantially corresponding to a 26 law of this state: 02139'97 6 1 (a) Fraudulently altering or forging documents pertaining to 2 motor vehicles,in violation of section 257. 3 (b) Perjury or making a false certification to the secretary 4 of state under any law requiring the registration of a motor 5 vehicle or regulating the operation of a motor vehicle on a 6 highway. 7 (c) A violation of section 413 or 414 of the Michigan penal 8 code,Act No. 328 of the Public Acts of 1931, being sections9750.413 and 750.414 of the Michigan Compiled Laws1931 PA 328, 10 MCL 750.413 AND 750.414, or a violation of section 1 ofAct11No. 214 of the Public Acts of 1931, being section 752.191 of the12Michigan Compiled Laws1931 PA 214, MCL 752.191. 13 (d) A conviction for reckless driving in violation of sec- 14 tion 626. 15 (e) Failing to stop and disclose identity at the scene of an 16 accident resulting in death or injury in violation of section 617 17 or 617a. 18 (f) A felony in which a motor vehicle was used. As used in 19 this section, "felony in which a motor vehicle was used" means a 20 felony during the commission of which the person convicted oper- 21 ated a motor vehicle and while operating the vehicle presented 22 real or potential harm to persons or property and 1 or more of 23 the following circumstances existed: 24 (i) The vehicle was used as an instrument of the felony. 25 (ii) The vehicle was used to transport a victim of the 26 felony. 02139'97 7 1 (iii) The vehicle was used to flee the scene of the felony. 2 (iv) The vehicle was necessary for the commission of the 3 felony. 4 (2) The secretary of state shall suspend the license of a 5 person convicted of malicious destruction resulting from the 6 operation of a motor vehicle under section 382 of the Michigan 7 penal code,Act No. 328 of the Public Acts of 1931, being sec-8tion 750.382 of the Michigan Compiled Laws1931 PA 328, MCL 9 750.382, for not more than 1 year as ordered by the court as part 10 of the sentence. 11 (3) The secretary of state shall immediately suspend a 12 person's license for the period specified in the abstract of con- 13 viction upon receiving the person's license and abstract of con- 14 viction forwarded to the secretary of state pursuant to section 15 367c of the Michigan penal code,Act No. 328 of the Public Acts16of 1931, being section 750.367c of the Michigan Compiled Laws17 1931 PA 328, MCL 750.367C. 18 (4) Except as otherwise provided in subsection (9), if a 19 court has not ordered a suspension of a person's license under 20 this act for a violation described in subdivision (a), (b), (c), 21 or (d) for a period equal to or greater than the suspension 22 period prescribed under subdivision (a), (b), (c), or (d) for the 23 violation, the secretary of state shall suspend the license as 24 follows, notwithstanding a court order issued under 25 section 625(1), (3), or (6), section 625b, former section 625(1) 26 or (2), or former section 625b or a local ordinance substantially 02139'97 8 1 corresponding to section 625(1), (3), or (6), section 625b, 2 former section 625(1) or (2), or former section 625b: 3 (a) For not less than 90 days or more than 1 year upon 4 receiving a record of the person's conviction for a violation of 5 section 625(3), a local ordinance substantially corresponding to 6 section 625(3), or a law of another state substantially corre- 7 sponding to section 625(3) if the person has no prior convictions 8 within 7 years.for a violation of section 625(1), (3), (4), or9(5), former section 625(1) or (2), or former section 625b, a10local ordinance substantially corresponding to section 625(1) or11(3), former section 625(1) or (2), or former section 625b, or a12law of another state substantially corresponding to section13625(1), (3), (4), or (5), former section 625(1) or (2), or former14section 625b.However, if the person is convicted of a violation 15 of section 625(3), a local ordinance substantially corresponding 16 to section 625(3), or a law of another state substantially corre- 17 sponding to section 625(3) for operating a vehicle when, due to 18 the consumption of a controlled substance or a combination of 19 intoxicating liquor and a controlled substance, the person's 20 ability to operate the vehicle was visibly impaired, the secre- 21 tary of state shall suspend the person's license under this sub- 22 division for not less than 6 months or more than 1 year. 23 (b) For not less than 6 months or more than 2 years upon 24 receiving a record of the person's convictionif the person has25the following convictions, whether under the law of this state26 UNDER SECTION 625(1), a local ordinance substantially 27 corresponding toa law of this stateSECTION 625(1), or a law 02139'97 9 1 of another state substantially corresponding to SECTION 625(1) IF 2 THE PERSON HAS NOT PRIOR CONVICTIONS WITHIN 7 YEARS.a law of3this state:4(i) One conviction under section 625(1) or former section5625(1) or (2).6(ii) Any combination of 2 convictions under section 625(3)7or former section 625b within a 7-year period.8(iii) One conviction under section 625(1) or former section9625(1) or (2) and 1 conviction under section 625(3) or former10section 625b within a 7-year period.11(iv) One conviction under section 625(4) or (5) followed by121 conviction under section 625(3) within a 7-year period.13 (c) For not less than 30 days or more than 90 days upon 14 receiving a record of the person's conviction for a violation of 15 section 625(6), a local ordinance substantially corresponding to 16 section 625(6), or a law of another state substantially corre- 17 sponding to section 625(6) if the person has no prior convictions 18 within 7 years.for a violation of section 625(1), (3), (4),19(5), or (6), former section 625(1) or (2), or former section20625b, a local ordinance substantially corresponding to section21625(1), (3), or (6), former section 625(1) or (2), or former sec-22tion 625b, or a law of another state substantially corresponding23to section 625(1), (3), (4), (5), or (6), former section 625(1)24or (2), or former section 625b.25 (d) For not less than 90 days or more than 1 year upon 26 receiving a record of the person's conviction for a violation of 27 section 625(6), a local ordinance substantially corresponding to 02139'97 10 1 section 625(6), or a law of another state substantially 2 corresponding to section 625(6) if the person has 1 or more prior 3 convictions within 7 years.for a violation of section 625(1),4(3), (4), (5), or (6), former section 625(1) or (2), or former5section 625b, a local ordinance substantially corresponding to6section 625(1), (3), or (6), former section 625(1) or (2), or7former section 625b, or a law of another state substantially cor-8responding to section 625(1), (3), (4), (5), or (6), former sec-9tion 625(1) or (2), or former section 625b.10 (5) Upon receivinga certificateAN ABSTRACT of conviction 11 under section 33b(2) of the Michigan liquor control act,Act12No. 8 of the Public Acts of the Extra Session of 1933, being sec-13tion 436.33b of the Michigan Compiled Laws1933 (EX SESS) PA 8, 14 MCL 436.33B, or a local ordinance or law of another state sub- 15 stantially corresponding to section 33b(2) ofAct No. 8 of the16Public Acts of the Extra Session of 1933THAT ACT, the secretary 17 of state shall suspendpursuant to court orderthe person's 18 operator's or chauffeur's license for 90 days PURSUANT TO THE 19 COURT'S ORDER. A suspension under this subsection shall be in 20 addition to any other suspension of the person's license. 21 (6) Upon receiving the record of a person's conviction for a 22 violation of section 602a(2) or (3) of this act or section 23 479a(2) or (3) ofAct No. 328 of the Public Acts of 1931, being24section 750.479a of the Michigan Compiled LawsTHE MICHIGAN 25 PENAL CODE, 1931 PA 328, MCL 750.479A, the secretary of state 26 immediately shall suspend the person's license for the period 27 ordered by the court as part of the sentence or disposition. 02139'97 11 1 (7) Upon receiving an abstract of conviction for a violation 2 of section 33b(1) ofAct No. 8 of the Public Acts of the Extra3Session of 1933, being section 436.33b of the Michigan Compiled4LawsTHE MICHIGAN LIQUOR CONTROL ACT, 1933 (EX SESS) PA 8, MCL 5 436.33B, or section 624a or 624b or a local ordinance substan- 6 tially corresponding to those sections, the secretary of state 7 shall suspend the person's operator's or chauffeur's license for 8 the period of time described in section 33b(4) ofAct No. 8 of9the Public Acts of the Extra Session of 1933THE MICHIGAN LIQUOR 10 CONTROL ACT, 1933 (EX SESS) PA 8, MCL 436.33B, or section 624a or 11 624b notwithstanding any court order to the contrary and, if 12 applicable, SHALL issue a restricted license as ordered by the 13 court in the manner provided for in THE APPLICABLE section.33b14of Act No. 8 of the Public Acts of the Extra Session of 1933 or15section 624a or 624b.If the person does not possess an 16 operator's or chauffeur's license, the secretary of state shall 17 deny the person's application for an operator's or chauffeur's 18 license for the applicable suspension period. 19 (8) Except as provided in subsection (10), a suspension 20 under this section shall be imposed notwithstanding a court order 21 issuedunderIN ANY OF THE FOLLOWING CIRCUMSTANCES: 22 (A) UNDER section 625(1), (3), (4), (5), or (6) or section 23 625b.or24 (B) UNDER a local ordinance substantially corresponding to 25 section 625(1), (3), or (6) or section 625b. 02139'97 12 1 (C) UPON A CONVICTION FOR NEGLIGENT HOMICIDE, MANSLAUGHTER, 2 OR MURDER RESULTING FROM THE OPERATION OF A MOTOR VEHICLE OR AN 3 ATTEMPT TO COMMIT 1 OF THOSE CRIMES. 4 (9) If the secretary of state receives records of more than 5 1 conviction of a person resulting from the same incident, a sus- 6 pension shall be imposed only for the violation to which the 7 longest period of suspension applies under this section. 8 (10) The secretary of state may waive a suspension of a 9 person's license imposed under subsection(4)(a), (b), (c), or10(d)(4) if the person submits proof that a court in another 11 state revoked, suspended, or restricted his or her license for a 12 period equal to or greater than the period of a suspension pre- 13 scribed under subsection(4)(a), (b), (c), or (d)(4) for the 14 violation and that the revocation, suspension, or restriction was 15 served for the violation, or may grant a restricted license. 16 (11) AS USED IN SUBSECTION (4), "PRIOR CONVICTION" MEANS A 17 CONVICTION FOR ANY OF THE FOLLOWING, WHETHER UNDER A LAW OF THIS 18 STATE, A LOCAL ORDINANCE SUBSTANTIALLY CORRESPONDING TO A LAW OF 19 THIS STATE, OR A LAW OF ANOTHER STATE SUBSTANTIALLY CORRESPONDING 20 TO A LAW OF THIS STATE: 21 (A) A VIOLATION OR ATTEMPTED VIOLATION OF SECTION 625(1), 22 (3), (4), OR (5), SECTION 625M, FORMER SECTION 625(1) OR (2), OR 23 FORMER SECTION 625B. 24 (B) NEGLIGENT HOMICIDE, MANSLAUGHTER, OR MURDER RESULTING 25 FROM THE OPERATION OF A VEHICLE OR AN ATTEMPT TO COMMIT 1 OF 26 THOSE CRIMES. 02139'97 13 1 (C) FOR PURPOSES OF THE SUSPENSIONS DESCRIBED IN SUBSECTION 2 (4)(C) AND (D) ONLY, A VIOLATION OR ATTEMPTED VIOLATION OF 3 SECTION 625(6). 4 Sec. 319b. (1) The secretary of state shall immediately 5 suspend or revoke, as applicable, all vehicle group designations 6 on the operator's or chauffeur's license of a person upon receiv- 7 ing notice of a conviction, bond forfeiture, or civil infraction 8 determination of the person, or notice that a court or adminis- 9 trative tribunal has found the person responsible, for a viola- 10 tion described in this subsection of a law of this state, a local 11 ordinance substantially corresponding to a law of this state, or 12 a law of another state substantially corresponding to a law of 13 this state,or notice that the person has refused to submit to 14 a chemical test of his or her blood, breath, or urine for the 15 purpose of determining the amount of alcohol or presence of a 16 controlled substance or both in the person's blood, BREATH, OR 17 URINE while the person was operating a commercial motor vehicle 18 as required by a law or local ordinance of this or another 19 state. The period of suspension or revocation is as follows: 20 (a) Suspension for 60 days if the licensee is convicted of 21 or found responsible for 2 serious traffic violations while oper- 22 ating a commercial motor vehicle arising from separate incidents 23 within 36 months. 24 (b) Suspension for 120 days if the licensee is convicted of 25 or found responsible for 3 serious traffic violations while oper- 26 ating a commercial motor vehicle arising from separate incidents 27 within 36 months. 02139'97 14 1 (c) Suspension for 1 year if the licensee is convicted of or 2 found responsible for 1 of the following: 3 (i) A violation of section 625(1),OR (3),(4), or (5),4 section 625m,orformer section 625(1) or (2), or former sec- 5 tion 625b,ora local ordinance substantially corresponding to 6 section 625(1) or (3), section 625m,orformer section 625(1) 7 or (2), or former section 625b, or a law of another state sub- 8 stantially corresponding to section 625(1),OR (3),(4), or9(5),section 625m,orformer section 625(1) or (2), or former 10 section 625b,while operating a commercial motor vehicle. 11 (ii) Leaving the scene of an accident involving a commercial 12 motor vehicle operated by the licensee. 13 (iii) A felony in which a commercial motor vehicle was 14 used. 15 (iv) A refusal OF A PEACE OFFICER'S REQUEST to submit to a 16 chemical test of his or her blood, breath, or urinefor the pur-17pose of determiningTO DETERMINE the amount of alcohol or pres- 18 ence of a controlled substance or both in his or her blood, 19 BREATH, OR URINE while he or she was operating a commercial motor 20 vehicle as required by a law or local ordinance of this state or 21 another state. 22 (v) A 6-point violation as provided in section 320a while 23 operating a commercial motor vehicle. 24 (d) Suspension for 3 years if the licensee is convicted of 25 or found responsible for an offense enumerated in subdivision 26 (c)(i) to (iv) in which a commercial motor vehicle was used if 02139'97 15 1 the vehicle was carrying hazardous material required to have a 2 placard pursuant to 49 C.F.R. parts 100 to 199. 3 (e) Revocation for not less than 10 years and until the 4 person is approved for the issuance of a vehicle group designa- 5 tion if a licensee is convicted of or found responsible for 1 of 6 the following: 7 (i) A VIOLATION OR ATTEMPTED VIOLATION OF SECTION 625(4) OR 8 (5) OR A LAW OF ANOTHER STATE SUBSTANTIALLY CORRESPONDING TO 9 SECTION 625(4) OR (5) WHILE DRIVING A COMMERCIAL MOTOR VEHICLE. 10 (ii) NEGLIGENT HOMICIDE, MANSLAUGHTER, OR MURDER RESULTING 11 FROM THE OPERATION OF A COMMERCIAL MOTOR VEHICLE OR AN ATTEMPT TO 12 COMMIT 1 OF THOSE CRIMES, WHETHER UNDER A LAW OF THIS STATE OR A 13 LAW OF ANOTHER STATE SUBSTANTIALLY CORRESPONDING TO A LAW OF THIS 14 STATE. 15 (iii)(i)Any combination of 2 OR MORE violationsunder16sectionOF ANY OF THE FOLLOWING, WHETHER UNDER A LAW OF THIS 17 STATE, A LOCAL ORDINANCE SUBSTANTIALLY CORRESPONDING TO A LAW OF 18 THIS STATE, OR A LAW OF ANOTHER STATE SUBSTANTIALLY CORRESPONDING 19 TO A LAW OF THIS STATE: 20 (A) SECTION 625(1), (3), (4), or (5), section 625m,or21 former section 625(1) or (2), or former section 625b, a local22ordinance substantially corresponding to section 625(1) or (3),23section 625m, or former section 625(1) or (2), or former section24625b, or a law of another state substantially corresponding to25section 625(1), (3), (4), or (5), section 625m, or former section26625(1) or (2), or former section 625bwhile driving a commercial 27 motor vehicle. 02139'97 16 1 (B) NEGLIGENT HOMICIDE, MANSLAUGHTER, OR MURDER RESULTING 2 FROM THE OPERATION OF A COMMERCIAL MOTOR VEHICLE OR AN ATTEMPT TO 3 COMMIT 1 OF THOSE CRIMES. 4 (iv)(ii)Two violations of leaving the scene of an acci- 5 dent involving a commercial motor vehicle operated by the 6 licensee. 7 (v)(iii)Two violations of a felony in which a commercial 8 motor vehicle was used. 9 (vi)(iv)Two refusals of a PEACE OFFICER'S requestof a10police officerto submit to a chemical test of his or her blood, 11 breath, or urinefor the purpose of determiningTO DETERMINE 12 the amount of alcohol or presence of a controlled substance or 13 both in his or her blood, BREATH, OR URINE while he or she was 14 operating a commercial motor vehicle in this state or another 15 state, whichIF THE refusals occurred in separate incidents. 16 (vii)(v) TwoANY COMBINATION OF 2 OR MORE violations,17in any combination,ofthe offensesAN OFFENSE enumerated 18underIN subparagraph (i), (ii), (iii),or(iv), (v), OR (vi) 19 arising from 2 or more separate incidents. 20 (viii)(vi)One violation of a felony in which a commer- 21 cial motor vehicle was used and that involved the manufacture, 22distribution, or dispensingCREATION, OR DELIVERY of a con- 23 trolled substance or possession with intent to manufacture, 24distribute, or dispenseCREATE, OR DELIVER a controlled 25 substance. 26 (ix) A VIOLATION OF SECTION 625M(1) PUNISHABLE UNDER 27 SECTION 625M(5). 02139'97 17 1 (2) The secretary of state shall immediately suspend all 2 vehicle group designations on the operator's or chauffeur's 3 license of a person upon receiving notice of a conviction, bond 4 forfeiture, or civil infraction determination of the person, or 5 notice that a court or administrative tribunal has found the 6 person responsible, for a violation of section 319d(4) or 319f, a 7 local ordinance substantially corresponding to section 319d(4) or 8 319f, or a law or local ordinance of another state, the United 9 States, Canada, Mexico, or a local jurisdiction ofeither of10these countriesCANADA OR MEXICO substantially corresponding to 11 section 319d(4) or 319f,while operating a commercial motor 12 vehicle.as defined in section 7a.The period of suspension or 13 revocation is as follows: 14 (a) Suspension for 90 days if the licensee is convicted of 15 or found responsible for a violation of section 319d(4) or 319f 16 while operating a commercial motor vehicle. 17 (b) Suspension for 180 days if the licensee is convicted of 18 or found responsible for a violation of section 319d(4) or 319f 19 while operating a commercial motor vehicle THAT IS either carry- 20 ing hazardous material required to have a placard pursuant to 49 21 C.F.R. parts 100 to 199,orthat isdesigned to carry 16 or 22 more passengers, including the driver. 23 (c) Suspension for 1 year if the licensee is convicted of or 24 found responsible for 2 violations, in any combination, of sec- 25 tion 319d(4) or 319f while operating a commercial motor vehicle 26 arising from 2 or more separate incidents during a 10-year 27 period. 02139'97 18 1 (d) Suspension for 3 years if the licensee is convicted of 2 or found responsible for 3 or more violations, in any combina- 3 tion, of section 319d(4) or 319f while operating a commercial 4 motor vehicle arising from 3 or more separate incidents during a 5 10-year period. 6 (e) Suspension for 3 years if the licensee is convicted of 7 or found responsible for 2 or more violations, in any combina- 8 tion, of section 319d(4) or 319f while operating a commercial 9 motor vehicle carrying hazardous material required to have a 10 placard pursuant to 49 C.F.R. parts 100 to 199, or designed to 11 carry 16 or more passengers, including the driver, arising from 2 12 or more separate incidents during a 10-year period. 13 (3) As used in this section: 14 (a) "Felony in which a commercial motor vehicle was used" 15 means a felony during the commission of which the person con- 16 victed operated a commercial motor vehicle and while the person 17 was operating the vehicle 1 or more of the following circum- 18 stances existed: 19 (i) The vehicle was used as an instrument of the felony. 20 (ii) The vehicle was used to transport a victim of the 21 felony. 22 (iii) The vehicle was used to flee the scene of the felony. 23 (iv) The vehicle was necessary for the commission of the 24 felony. 25 (b) "Serious traffic violation" means a traffic violation 26 that occurs in connection with an accident in which a person 27 died, careless driving, excessive speeding as defined in the 02139'97 19 1 federal administrative regulations promulgated to implement the 2 commercial motor vehicle safety act of 1986, title XII of Public 3 Law 99-570, 100 Stat. 3207-170, improper lane use, following too 4 closely, or any other serious traffic violation as defined in 49 5 C.F.R. 383.5 or as prescribed under this act. 6 (4) For the purpose of this section only, a bond forfeiture 7 or a determination by a court of original jurisdiction orbyan 8 authorized administrative tribunal that a person has violated the 9 law is considered a conviction. 10 (5) The secretary of state shall suspend or revoke a vehicle 11 group designation under subsection (1) notwithstanding a suspen- 12 sion, restriction, revocation, or denial of an operator's or 13 chauffeur's license or vehicle group designation under another 14 section of this act or a court order issued under another section 15 of this act or a local ordinance substantially corresponding to 16 another section of this act. 17 (6)The secretary of state, whenWHEN determining the 18 applicability of conditions listed in this section, THE SECRETARY 19 OF STATE shall only consider violations that occurred after 20 January 1, 1990. 21 Sec. 625. (1) A person, whether licensed or not, shall not 22 operate a vehicle upon a highway or other place open to the gen- 23 eral public or generally accessible to motor vehicles, including 24 an area designated for the parking of vehicles, within this state 25 if either of the following applies: 02139'97 20 1 (a) The person is under the influence of intoxicating 2 liquor, a controlled substance, or a combination of intoxicating 3 liquor and a controlled substance. 4 (b) The person has an alcohol content of 0.10 grams or more 5 per 100 milliliters of blood, per 210 liters of breath, or per 67 6 milliliters of urine. 7 (2) The owner of a vehicle or a person in charge or in con- 8 trol of a vehicle shall not authorize or knowingly permit the 9 vehicle to be operated upon a highway or other place open to the 10 general public or generally accessible to motor vehicles, includ- 11 ing an area designated for the parking of motor vehicles, within 12 this state by a person who is under the influence of intoxicating 13 liquor, a controlled substance, or a combination of intoxicating 14 liquor and a controlled substance or who has an alcohol content 15 of 0.10 grams or more per 100 milliliters of blood, per 210 16 liters of breath, or per 67 milliliters of urine. 17 (3) A person, whether licensed or not, shall not operate a 18 vehicle upon a highway or other place open to the general public 19 or generally accessible to motor vehicles, including an area des- 20 ignated for the parking of vehicles, within this state when, due 21 to the consumption ofanintoxicating liquor, a controlled sub- 22 stance, or a combination ofanintoxicating liquor and a con- 23 trolled substance, the person's ability to operate the vehicle is 24 visibly impaired. If a person is charged with violating subsec- 25 tion (1), a finding of guilty under this subsection may be 26 rendered. 02139'97 21 1 (4) A person, whether licensed or not, who operates a motor 2 vehicle in violation of subsection (1) or (3) and by the 3 operation of that motor vehicle causes the death of another 4 person is guilty of a felony punishable by imprisonment for not 5 more than 15 years or a fine of not less than $2,500.00 or more 6 than $10,000.00, or both. The COURT MAY ORDER RESTRICTED REGIS- 7 TRATION PLATES PURSUANT TO SECTION 904D OR VEHICLE IMMOBILIZATION 8 PURSUANT TO SECTION 904E. IF THE VIOLATION OCCURS WITHIN 7 YEARS 9 OF A PRIOR CONVICTION,THE COURT SHALL ORDER RESTRICTED REGISTRA- 10 TION PLATES PURSUANT TO SECTION 904D OR VEHICLE IMMOBILIZATION 11 PURSUANT TO SECTION 904E. IF THE VIOLATION OCCURS WITHIN 10 12 YEARS OF 2 OR MORE PRIOR CONVICTIONS, THE judgment of sentence 13maySHALL impose the sanctionpermittedREQUIRED under sec- 14 tion 625n. 15 (5) A person, whether licensed or not, who operates a motor 16 vehicle in violation of subsection (1) or (3) and by the opera- 17 tion of that motor vehicle causes a serious impairment of a body 18 function of another person is guilty of a felony punishable by 19 imprisonment for not more than 5 years or a fine of not less than 20 $1,000.00 or more than $5,000.00, or both. The COURT MAY ORDER 21 RESTRICTED REGISTRATION PLATES PURSUANT TO SECTION 904D OR VEHI- 22 CLE IMMOBILIZATION PURSUANT TO SECTION 904E. IF THE VIOLATION 23 OCCURS WITHIN 7 YEARS OF A PRIOR CONVICTION,THE COURT SHALL ORDER 24 RESTRICTED REGISTRATION PLATES PURSUANT TO SECTION 904D OR VEHI- 25 CLE IMMOBILIZATION PURSUANT TO SECTION 904E. IF THE VIOLATION 26 OCCURS WITHIN 10 YEARS OF 2 OR MORE PRIOR CONVICTIONS, THE 27 judgment of sentencemaySHALL impose the sanctionpermitted02139'97 22 1 REQUIRED under section 625n. As used in this subsection, 2 "serious impairment of a body function" includes, but is not 3 limited to, 1 or more of the following: 4 (a) Loss of a limb or use of a limb. 5 (b) Loss of a hand, foot, finger, or thumb or use of a hand, 6 foot, finger, or thumb. 7 (c) Loss of an eye or ear or use of an eye or ear. 8 (d) Loss or substantial impairment of a bodily function. 9 (e) Serious visible disfigurement. 10 (f) A comatose state that lasts for more than 3 days. 11 (g) Measurable brain damage or mental impairment. 12 (h) A skull fracture or other serious bone fracture. 13 (i) Subdural hemorrhage or subdural hematoma. 14 (6) A person who is less than 21 years of age, whether 15 licensed or not, shall not operate a vehicle upon a highway or 16 other place open to the general public or generally accessible to 17 motor vehicles, including an area designated for the parking of 18 vehicles, within this state if the person has any bodily alcohol 19 content. As used in this subsection, "any bodily alcohol 20 content" means either of the following: 21 (a) An alcohol content of not less than 0.02 grams or more 22 than 0.07 grams per 100 milliliters of blood, per 210 liters of 23 breath, or per 67 milliliters of urine. 24 (b) Any presence of alcohol within a person's body resulting 25 from the consumption of intoxicating liquor, other than consump- 26 tion of intoxicating liquor as a part of a generally recognized 27 religious service or ceremony. 02139'97 23 1 (7) If a person is convicted of violating subsection (1), 2 all of the following apply: 3 (a) Except as otherwise provided in subdivisions (b) and 4(d)(C), the person is guilty of a misdemeanor punishable by 1 5 or more of the following: 6 (i) Community service for not more than 45 days. 7 (ii) Imprisonment for not more than9093 days. 8 (iii) A fine of not less than $100.00 or more than $500.00. 9 (b) If the violation occurs within 7 years of a prior con- 10 viction, the person shall be sentenced to pay a fine of not less 11 than $200.00 or more than $1,000.00 and either of the following: 12 (i) Community service for not less than 10 days or more than 13 90 days and may be imprisoned for not more than 1 year. 14 (ii) Imprisonment for not less than 48 consecutive hours or 15 more than 1 year and may be sentenced to community service for 16 not more than 90 days. 17(c) A term of imprisonment imposed under subdivision18(b)(ii) shall not be suspended.19 (C)(d)If the violation occurs within 10 years of 2 or 20 more prior convictions, the person is guilty of a felony and 21 shall be sentenced to pay a fine of not less than $500.00 or more 22 than $5,000.00 and to either of the following: 23 (i) Imprisonment under the jurisdiction of the department of 24 corrections for not less than 1 year or more than 5 years. 25 (ii) Probation with imprisonment in the county jail for not 26 less than 30 days or more than 1 year. Not less than 48 hours of 02139'97 24 1 the imprisonment imposed under this subparagraph shall be served 2 consecutively. 3 (D)(e) TheA term of imprisonment imposed under subdivi- 4 sion(d)(B)(ii) OR (C) shall not be suspended. 5 (E) UNDER SUBDIVISION (A), THE COURT MAY ORDER RESTRICTED 6 REGISTRATION PLATES PURSUANT TO SECTION 904D OR VEHICLE IMMOBILI- 7 ZATION PURSUANT TO SECTION 904E. UNDER SUBDIVISION (B), THE 8 COURT SHALL ORDER RESTRICTED REGISTRATION PLATES PURSUANT TO SEC- 9 TION 904D OR VEHICLE IMMOBILIZATION PURSUANT TO SECTION 904E. 10 (f) The judgment of sentence underthis subsection may11 SUBDIVISION (C) SHALL impose the sanctionpermittedREQUIRED 12 under section 625n. 13(g) As used in this subsection, "prior conviction" means a14conviction for a violation or attempted violation of subsection15(1), (4), or (5) or former section 625(1) or (2), a local ordi-16nance substantially corresponding to subsection (1) or former17section 625(1) or (2), or a law of another state substantially18corresponding to subsection (1), (4), or (5) or former section19625(1) or (2).20 (8) A person who is convicted of violating subsection (2) is 21 guilty of a misdemeanor punishable by imprisonment for not more 22 than9093 days or a fine of not less than $100.00 or more than 23 $500.00, or both. 24 (9) If a person is convicted of violating subsection (3), 25 all of the following apply: 02139'97 25 1 (a) Except as otherwise provided in subdivisions (b) and 2 (c), the person is guilty of a misdemeanor punishable by 1 or 3 more of the following: 4 (i) Community service for not more than 45 days. 5 (ii) Imprisonment for not more than9093 days. 6 (iii) A fine of not more than $300.00. 7 (b) If the violation occurs within 7 years of 1 prior con- 8 viction, the person shall be sentenced to pay a fine of not less 9 than $200.00 or more than $1,000.00, and either of the 10 following: 11 (i) Community service for not less than 10 days or more than 12 90 days and may be sentenced to imprisonment for not more than 1 13 year. 14 (ii) Imprisonment for not more than 1 year and may be sen- 15 tenced to community service for not more than 90 days. 16 (c) If the violation occurs within 10 years of 2 or more 17 prior convictions, the person IS GUILTY OF A FELONY AND shall be 18 sentenced to pay a fine of not less than$200.00$500.00 or 19 more than$1,000.00,$5,000.00 and TO either of the following: 20 (i)Community service for not less than 10 days or more21than 90 days and may be sentenced to imprisonmentIMPRISONMENT 22 UNDER THE JURISDICTION OF THE DEPARTMENT OF CORRECTIONS for not 23moreLESS than 1 year OR MORE THAN 5 YEARS. 24 (ii)ImprisonmentPROBATION WITH IMPRISONMENT IN THE 25 COUNTY JAIL for not LESS THAN 30 DAYS OR more than 1 year.and26may be sentenced to community service for not more than 90 days.02139'97 26 1 NOT LESS THAN 48 HOURS OF THE IMPRISONMENT IMPOSED UNDER THIS 2 SUBPARAGRAPH SHALL BE SERVED CONSECUTIVELY. 3 (D) A TERM OF IMPRISONMENT IMPOSED UNDER SUBDIVISION (C) 4 SHALL NOT BE SUSPENDED. 5 (E) UNDER SUBDIVISION (A), THE COURT MAY ORDER RESTRICTED 6 REGISTRATION PLATES PURSUANT TO SECTION 904D OR VEHICLE IMMOBILI- 7 ZATION PURSUANT TO SECTION 904E. UNDER SUBDIVISION (B), THE 8 COURT SHALL ORDER RESTRICTED REGISTRATION PLATES PURSUANT TO SEC- 9 TION 904D OR VEHICLE IMMOBILIZATION PURSUANT TO SECTION 904E. 10 (F)(d)The judgment of sentence under subdivision(b)11or(c)maySHALL impose the sanctionpermittedREQUIRED 12 under section 625n. 13(e) As used in this subsection, "prior conviction" means a14conviction for a violation or attempted violation of subsection15(1), (3), (4), or (5), former section 625(1) or (2), or former16section 625b, a local ordinance substantially corresponding to17subsection (1) or (3), former section 625(1) or (2), or former18section 625b, or a law of another state substantially correspond-19ing to subsection (1), (3), (4), or (5), former section 625(1) or20(2), or former section 625b.21 (10) If a person is convicted of violating subsection (6), 22 all of the following apply: 23 (a) Except as otherwise provided in subdivision (b), the 24 person is guilty of a misdemeanor punishable by 1 or both of the 25 following: 26 (i) Community service for not more than 45 days. 02139'97 27 1 (ii) A fine of not more than $250.00. 2 (b) If the violation occurs within 7 years of 1 or more 3 prior convictions, the person may be sentenced to 1 orboth4 MORE of the following: 5 (i) Community service for not more than 60 days. 6 (ii) IMPRISONMENT FOR NOT MORE THAN 93 DAYS. 7 (iii)(ii)A fine of not more than $500.00. 8(c) As used in this subsection, "prior conviction" means a9conviction for a violation or attempted violation of subsection10(1), (3), (4), (5), or (6), former section 625(1) or (2), or11former section 625b, a local ordinance substantially correspond-12ing to subsection (1), (3), or (6), former section 625(1) or (2),13or former section 625b, or a law of another state substantially14corresponding to subsection (1), (3), (4), (5), or (6), former15section 625(1) or (2), or former section 625b.16 (11) In addition to imposing the sanctions prescribed under 17 subsection (4), (5), (7), (9), or (10), the court may order the 18 person to pay the costs of the prosecution under the code of 19 criminal procedure,Act No. 175 of the Public Acts of 1927,20being sections 760.1 to 776.22 of the Michigan Compiled Laws21 1927 PA 175, MCL 760.1 TO 776.22. 22 (12) The court shall impose licensing sanctions pursuant to 23 section 625b. 24 (13) A person sentenced to perform community service under 25 this section shall not receive compensation and shall reimburse 26 the state or appropriate local unit of government for the cost of 02139'97 28 1 supervision incurred by the state or local unit of government as 2 a result of the person's activities in that service. 3 (14) If the prosecuting attorney intends to seek an enhanced 4 sentence undersubsection (7)(b) or (d), subsection (9)(b) or5(c), or subsection (10)(b)THIS SECTION OR A SANCTION UNDER SEC- 6 TION 625N, 904D, OR 904E based upon the defendant having 1 or 7 more prior convictions, the prosecuting attorney shall include on 8 the complaint and information, or an amended complaint and infor- 9 mation, filed in district court, circuit court, recorder's court, 10 municipal court,orprobate court, OR FAMILY DIVISION OF CIR- 11 CUIT COURT, a statement listing the defendant's prior 12 convictions. 13 (15) If a person is charged with a violation of subsection 14 (1) or (3), the court shall not permit the defendant to enter a 15 plea of guilty or nolo contendere to a charge of violating 16 subsection (6) in exchange for dismissal of the original charge. 17 This subsection does not prohibit the court from dismissing the 18 charge upon the prosecuting attorney's motion. 19 (16) A prior conviction shall be established at sentencing 20 by 1 or more of the following: 21 (a) An abstract of conviction. 22 (b) A copy of the defendant's driving record. 23 (c) An admission by the defendant. 24 (17) A person who is convicted of an attempted violation of 25 subsection (1), (3), (4), (5), or (6) or a local ordinance sub- 26 stantially corresponding to subsection (1), (3), or (6) shall be 27 punished as if the offense had been completed. 02139'97 29 1(18) When assessing points and taking licensing action2under this act, the secretary of state and the court shall treat3a conviction of an attempted violation of subsection (1), (3),4(4), (5), or (6) or a local ordinance substantially corresponding5to subsection (1), (3), or (6) or a law of another state substan-6tially corresponding to subsection (1), (3), (4), (5), or (6) the7same as if the offense had been completed.8 (18)(19)Except as otherwise provided in subsection 9(21)(20), if a person is charged with operating a vehicle 10 while under the influence of a controlled substance or a combina- 11 tion of intoxicating liquor and a controlled substance in viola- 12 tion of subsection (1) or a local ordinance substantially corre- 13 sponding to subsection (1), the court shall require the jury to 14 return a special verdict in the form of a written finding or, if 15 the court convicts the person without a jury or accepts a plea of 16 guilty or nolo contendere, the court shall make a finding as to 17 whether the person was under the influence of a controlled sub- 18 stance or a combination of intoxicating liquor and a controlled 19 substance at the time of the violation. 20 (19)(20)Except as otherwise provided in subsection 21(21)(20), if a person is charged with operating a vehicle 22 while his or her ability to operate the vehicle was visibly 23 impaired due to his or her consumption of a controlled substance 24 or a combination of intoxicating liquor and a controlled sub- 25 stance in violation of subsection (3) or a local ordinance sub- 26 stantially corresponding to subsection (3), the court shall 27 require the jury to return a special verdict in the form of a 02139'97 30 1 written finding or, if the court convicts the person without a 2 jury or accepts a plea of guilty or nolo contendere, the court 3 shall make a finding as to whether, due to the consumption of a 4 controlled substance or a combination of intoxicating liquor and 5 a controlled substance, the person's ability to operate a motor 6 vehicle was visibly impaired at the time of the violation. 7 (20)(21)A special verdict described in subsections (18) 8 AND (19)and (20)is not required if a jury is instructed to 9 make a finding solely as to either of the following: 10 (a) Whether the defendant was under the influence of a con- 11 trolled substance or a combination of intoxicating liquor and a 12 controlled substance at the time of the violation. 13 (b) Whether the defendant was visibly impaired due to his or 14 her consumption of a controlled substance or a combination of 15 intoxicating liquor and a controlled substance at the time of the 16 violation. 17 (21)(22)If a jury or courtmakes a findingFINDS under 18 subsection (18), (19), OR (20), or (21)that the defendant 19 operated a motor vehicle under the influence of or while impaired 20 due to the consumption of a controlled substance or a combination 21 of a controlled substance and an intoxicating liquor, the court 22 shall do both of the following: 23 (a) Report the finding to the secretary of state. 24 (b) On a form or forms prescribed by the state court admin- 25 istrator, forward to the department of state police a record that 26 specifies the penalties imposed by the court, including any term 27 of imprisonment, any licensing sanction imposed under 02139'97 31 1 section 625b, and any sanction imposed under section 625n, 904D, 2 OR 904E. 3 (22)(23)Except as otherwise provided by law, a record 4 described in subsection(22)(b)(21)(B) is a public record and 5 the department of state police shall retain the information con- 6 tained on that record for not less than 7 years. 7 (23)(24)In a prosecution for a violation of subsection 8 (6), the defendant bears the burden of proving that the consump- 9 tion of intoxicating liquor was a part of a generally recognized 10 religious service or ceremony by a preponderance of the 11 evidence. 12 (24) AS USED IN THIS SECTION, "PRIOR CONVICTION" MEANS A 13 CONVICTION FOR ANY OF THE FOLLOWING, WHETHER UNDER A LAW OF THIS 14 STATE, A LOCAL ORDINANCE SUBSTANTIALLY CORRESPONDING TO A LAW OF 15 THIS STATE, OR A LAW OF ANOTHER STATE SUBSTANTIALLY CORRESPONDING 16 TO A LAW OF THIS STATE: 17 (A) A VIOLATION OR ATTEMPTED VIOLATION OF SUBSECTION (1), 18 (3), (4), OR (5), SECTION 625M, FORMER SECTION 625(1) OR (2), OR 19 FORMER SECTION 625B. 20 (B) NEGLIGENT HOMICIDE, MANSLAUGHTER, OR MURDER RESULTING 21 FROM THE OPERATION OF A VEHICLE OR AN ATTEMPT TO COMMIT 1 OF 22 THOSE CRIMES. 23 (C) FOR PURPOSES OF THE ENHANCEMENT DESCRIBED IN SUBSECTION 24 (10)(B) ONLY, A VIOLATION OR ATTEMPTED VIOLATION OF SUBSECTION 25 (6). 26 Sec. 625b. (1) A person arrested for a misdemeanor 27 violation of section 625(1), (3), or (6) or section 625m or a 02139'97 32 1 local ordinance substantially corresponding to section 625(1), 2 (3), or (6) or section 625m shall be arraigned on the citation, 3 complaint, or warrant not more than 14 days after the arrest for 4 the violation or, if an arrest warrant is issued or reissued, not 5 more than 14 days after the issued or reissued arrest warrant is 6 served, whichever is later. The court shall not dismiss a case 7 or impose any other sanction for a failure to comply with this 8 time limit. The time limit does not apply to a violation of 9 section 625(1) OR (3) OR SECTION 625M punishableunder section10625(7)(d)AS A FELONY or a violation of section 625(1), (3), or 11 (6) or section 625m joined with a felony charge. 12 (2) The court shall schedule a pretrial conference between 13 the prosecuting attorney, the defendant, and the defendant's 14 attorney in each case in which the defendant is charged with a 15 misdemeanor violation of section 625(1), (3), or (6) or 16 section 625m or a local ordinance substantially corresponding to 17 section 625(1), (3), or (6) or section 625m. The pretrial con- 18 ference shall be held not more than 35 days after the person's 19 arrest for the violation or, if an arrest warrant is issued or 20 reissued, not more than 35 days after the issued or reissued 21 arrest warrant is served, whichever is later. If the court has 22 only 1 judge who sits in more than 1 location in that district, 23 the pretrial conference shall be held not more than 42 days after 24 the person's arrest for the violation or, if an arrest warrant is 25 issued or reissued, not more than 42 days after the date the 26 issued or reissued arrest warrant is served, whichever is later. 27 The court shall not dismiss a case or impose any other sanction 02139'97 33 1 for a failure to comply with the applicable time limit. The 35- 2 and 42-day time limits do not apply to a violation of 3 section 625(1) OR (3) OR SECTION 625M punishableunder4section 625(7)(d)AS A FELONY or a violation of section 625(1), 5 (3), or (6) or section 625m joined with a felony charge. The 6 court shall order the defendant to attend the pretrial conference 7 and may accept a plea by the defendant at the conclusion of the 8 pretrial conference. The court may adjourn the pretrial confer- 9 ence upon the motion of a party for good cause shown. Not more 10 than 1 adjournment shall be granted to a party, and the length of 11 an adjournment shall not exceed 14 days. 12 (3) Except for delay attributable to the unavailability of 13 the defendant, a witness, or material evidence or due to an 14 interlocutory appeal or exceptional circumstances, but not a 15 delay caused by docket congestion, the court shall finally adju- 16 dicate, by a plea of guilty or nolo contendere, entry of a ver- 17 dict, or other final disposition, a case in which the defendant 18 is charged with a misdemeanor violation of section 625(1), (3), 19 or (6) or section 625m or a local ordinance substantially corre- 20 sponding to section 625(1), (3), or (6) or section 625m, within 21 77 days after the person is arrested for the violation or, if an 22 arrest warrant is issued or reissued, not more than 77 days after 23 the date the issued or reissued arrest warrant is served, which- 24 ever is later. The court shall not dismiss a case or impose any 25 other sanction for a failure to comply with this time limit. The 26 77-day time limit does not apply to a violation of section 625(1) 27 OR (3) OR SECTION 625M punishableunder section 625(7)(d)AS A 02139'97 34 1 FELONY or a violation of section 625(1), (3), or (6) or 2 section 625m joined with a felony charge. 3 (4) Before accepting a plea of guilty or nolo contendere 4 under section 625 or a local ordinance substantially correspond- 5 ing to section 625(1), (2), (3), or (6), the court shall advise 6 the accused of the maximum possible term of imprisonment and the 7 maximum possible fine that may be imposed for the violation,8 and shall advise the defendant that the maximum possible license 9 sanctions that may be imposed will be based upon the master driv- 10 ing record maintained by the secretary of statepursuant to11 UNDER section 204a. 12 (5) Before imposing sentence, other than court-ordered 13 license sanctions, for a violation of section 625(1), (3), (4), 14 (5), or (6) or a local ordinance substantially corresponding to 15 section 625(1), (3), or (6), the court shall order the person to 16 undergo screening and assessment by a person or agency designated 17 by the office of substance abuse services to determine whether 18 the person is likely to benefit from rehabilitative services, 19 including alcohol or drug education and alcohol or drug treatment 20 programs. As part of the sentence, the court may order the 21 person to participate in and successfully complete 1 or more 22 appropriate rehabilitative programs. The person shall pay for 23 the costs of the screening,reassessmentASSESSMENT, and reha- 24 bilitative services. 25 (6) Immediately uponacceptance by the court ofACCEPTING 26 a plea of guilty or nolo contendere or upon entry of a verdict of 27 guilty for a violation of section 625(1), (3), (4), (5), or (6) 02139'97 35 1 or a local ordinance substantially corresponding to section 2 625(1), (3), or (6), whether or not the person is eligible to be 3 sentenced as a multiple offender, the court shall consider all 4 prior convictions currently entered upon the person's Michigan 5 driving record, except convictions the court determines upon the 6 defendant's motion to be constitutionally invalid, and shall 7 impose the following licensing sanctions: 8 (a) For a conviction under section 625(4) or (5), the court 9 shall order the secretary of state to revoke the person's 10 operator's or chauffeur's license and shall not order the secre- 11 tary of state to issue a restricted license to the person. 12 (b) For a conviction under section 625(1) or a local ordi- 13 nance substantially corresponding to section 625(1): 14 (i) If the court finds that the person has no prior convic- 15 tions within 7 years,for a violation of section 625(1), (3),16(4), or (5), former section 625(1) or (2), or former section17625b, a local ordinance substantially corresponding to section18625(1) or (3), former section 625(1) or (2) or former section19625b, or a law of another state substantially corresponding to20section 625(1), (3), (4), or (5), former section 625(1) or (2),21or former section 625b,the court shall order the secretary of 22 state to suspend the person's operator's or chauffeur's license 23 for not less than 6 months or more than 2 years. If the court 24 finds compelling circumstances under subsection (10) sufficient 25 to warrant the issuance of a restricted license to a person, the 26 court may order the secretary of state to issue to the person a 27 restricted license during all or a specified portion of the 02139'97 36 1 suspension, except that a restricted license shall not be issued 2 during the first 30 days of the suspension. 3(ii) If the court finds that the person has 1 prior convic-4tion within 7 years for a violation of section 625(3) or former5section 625b, a local ordinance substantially corresponding to6section 625(3) or former section 625b, or a law of another state7substantially corresponding to section 625(3) or former8section 625b, the court shall order the secretary of state to9suspend the person's operator's or chauffeur's license for not10less than 6 months or more than 2 years. If the court finds com-11pelling circumstances under subsection (10) sufficient to warrant12the issuance of a restricted license to a person, the court may13order the secretary of state to issue to the person a restricted14license during all or any portion of the suspension, except that15a restricted license shall not be issued during the first 60 days16of the suspension.17 (ii)(iii)If the court finds that the person has 1or18morepriorconvictionsCONVICTION within 7 yearsfor a viola-19tion of section 625(1), (4), or (5) or former section 625(1) or20(2), a local ordinance substantially corresponding to section21625(1) or former section 625(1) or (2), or a law of another state22substantially corresponding to section 625(1), (4), or (5) or23former section 625(1) or (2), or that the person hasOR 2 or 24 more prior convictions within 10 years,for a violation of sec-25tion 625(1), (3), (4), or (5), former section 625(1) or (2), or26former section 625b, a local ordinance substantially27corresponding to section 625(1) or (3) former section 625(1) or02139'97 37 1(2), or former section 625b, or a law of another state2substantially corresponding to section 625(1), (3), (4), or (5),3former section 625(1) or (2), or former section 625b,the court 4 shall order the secretary of state to revoke the person's 5 operator's or chauffeur's license and shall not order the secre- 6 tary of state to issue a restricted license to the person. 7 (c) For a conviction under section 625(3) or a local ordi- 8 nance substantially corresponding to section 625(3): 9 (i) If the court finds that the convicted person has no 10 prior conviction within 7 years,for a violation of section11625(1), (3), (4), or (5), former section 625(1) or (2), or former12section 625b, a local ordinance substantially corresponding to13section 625(1) or (3), former section 625(1) or (2), or former14section 625b, or a law of another state substantially correspond-15ing to section 625(1), (3), (4), or (5), former section 625(1) or16(2), or former section 625b,the court shall order the secretary 17 of state to suspend the person's operator's or chauffeur's 18 license for not less than 90 days or more than 1 year. However, 19 if the person is convicted of a violation of section 625(3) or a 20 local ordinance substantially corresponding to section 625(3) for 21 operating a vehicle when, due to the consumption of a controlled 22 substance or a combination of intoxicating liquor and a con- 23 trolled substance, the person's ability to operate the vehicle 24 was visibly impaired, the court shall order the secretary of 25 state to suspend the operator's or chauffeur's license of the 26 person for not less than 6 months or more than 1 year. If the 27 court finds compelling circumstances under subsection (10) 02139'97 38 1 sufficient to warrant the issuance of a restricted license to a 2 person, the court may order the secretary of state to issue to 3 the person a restricted license during all or a specified portion 4 of the suspension, EXCEPT THAT A RESTRICTED LICENSE SHALL NOT BE 5 ISSUED DURING THE FIRST 30 DAYS OF THE SUSPENSION. 6(ii) If the court finds that the person has 1 prior convic-7tion within 7 years for a violation of section 625(1), (3), (4),8or (5), former section 625(1) or (2), or former section 625b, a9local ordinance substantially corresponding to section 625(1) or10(3), former section 625(1) or (2), or former section 625b, or a11law of another state substantially corresponding to section12625(1), (3), (4), or (5), former section 625(1) or (2), or former13section 625b, the court shall order the secretary of state to14suspend the person's operator's or chauffeur's license for not15less than 6 months or more than 2 years. If the court finds com-16pelling circumstances under subsection (10) sufficient to warrant17the issuance of a restricted license to a person, the court may18order the secretary of state to issue to the person a restricted19license during all or any portion of the suspension, except that20a restricted license shall not be issued during the first 60 days21of the suspension.22 (ii)(iii)If the court finds that the person has 1 PRIOR 23 CONVICTION WITHIN 7 YEARS OR 2 or more prior convictions within 24 10 years,for a violation of section 625(1), (3), (4), or (5),25former section 625(1) or (2), or former section 625b, a local26ordinance substantially corresponding to section 625(1) or (3),27former section 625(1) or (2), or former section 625b, or a law of02139'97 39 1another state substantially corresponding to section 625(1), (3),2(4), or (5), former section 625(1) or (2), or former3section 625b,the court shall order the secretary of state to 4 revoke the person's operator's or chauffeur's license and shall 5 not order the secretary of state to issue a restricted license to 6 the person. 7 (d) For a conviction under section 625(6) or a local ordi- 8 nance substantially corresponding to section 625(6): 9 (i) If the court finds that the convicted person has no 10 prior conviction within 7 years,for a violation of section11625(1), (3), (4), (5), or (6), former section 625(1) or (2), or12former section 625b, a local ordinance substantially correspond-13ing to section 625(1), (3), or (6), former section 625(1) or (2),14or former section 625b, or a law of another state substantially15corresponding to section 625(1), (3), (4), (5), or (6), former16section 625(1) or (2), or former section 625b,the court shall 17 order the secretary of state to suspend the operator's or 18 chauffeur's license of the person for not less than 30 days or 19 more than 90 days. The court may order the secretary of state to 20 issue to the person a restricted license during all or a speci- 21 fied portion of the suspension, EXCEPT THAT A RESTRICTED LICENSE 22 SHALL NOT BE ISSUED DURING THE FIRST 30 DAYS OF THE SUSPENSION. 23 (ii) If the court finds that the person has 1 or more prior 24 convictions within 7 years,for a violation of section 625(1),25(3), (4), (5), or (6), former section 625(1) or (2), or former26section 625b, a local ordinance substantially corresponding to27section 625(1), (3), or (6), former section 625(1) or (2), or02139'97 40 1former section 625b, or a law of another state substantially2corresponding to section 625(1), (3), (4), (5), or (6), former3section 625(1) or (2), or former section 625b,the court shall 4 order the secretary of state to suspend the operator's or 5 chauffeur's license of the person for not less than 90 days or 6 more than 1 year. The court may order the secretary of state to 7 issue to the person a restricted license during all or any por- 8 tion of the suspension, except that a restricted license shall 9 not be issued during the first 90 days of the suspension. 10 (7) A restricted license issued pursuant to an order under 11 subsection (6) shall permit the person to whom it is issued to 12 drive under 1 or more of the following circumstances: 13 (a) To and from the person's residence and work location. 14 (b) In the course of the person's employment or occupation. 15 (c) To and from the person's residence and an alcohol or 16 drug education or treatment program as ordered by the court. 17 (d) To and from the person's residence and the court proba- 18 tion department or a court-ordered community service program, or 19 both. 20 (e) To and from the person's residence and an educational 21 institution at which the person is enrolled as a student. 22 (f) To and from the person's residence or work location and 23 a place of regularly occurring medical treatment for a serious 24 condition for the person or a member of the person's household or 25 immediate family. 26 (8) The court may order thattheA restricted license 27 issuedpursuant toUNDER subsection (6) include the 02139'97 41 1 requirement that the person shall not operate a motor vehicle 2 unless the vehicle is equipped with a functioning ignition inter- 3 lock device OR ANOTHER DEVICE APPROVED BY THE COURT THAT RENDERS 4 A MOTOR VEHICLE INOPERABLE BASED UPON A DIRECT OR INDIRECT DETER- 5 MINATION OF THE PERSON'S BODILY ALCOHOL CONTENT, INCLUDING BUT 6 NOT LIMITED TO A DETERMINATION OF THE PERSON'S ABILITY TO OPERATE 7 THE MOTOR VEHICLE AS A RESULT OF THE PERSON'S BODILY ALCOHOL 8 CONTENT.TheAN IGNITION INTERLOCK device shall be set to 9 render the motor vehicle inoperable if the device detects an 10 alcohol content of 0.02 grams or more per 210 liters of breath of 11 the person who offers a breath sample. The court may order 12 installation of an ignition interlock device OR OTHER DEVICE on 13 any motor vehiclethatthe person owns or operates, the costs 14 of which the person whose license is restricted shall bear. 15 (9) The court shall not order the secretary of state under 16 subsection (6) to issue a restricted license that would permit a 17 person to operate a commercial motor vehicle that hauls hazardous 18 materials. 19 (10) The court shall not order the secretary of state to 20 issue a restricted license unless the person states under oath, 21 and the court finds pursuant to testimony taken in open court or 22 pursuant to statements contained in a sworn affidavit on a form 23 prescribed by the state court administrator, that both of the 24 following are true: 25 (a) The person needs vehicular transportation to and from 26 his or her work location, place of alcohol or drug education 27 treatment, court probation department, court-ordered community 02139'97 42 1 service program, or educational institution, or a place of 2 regularly occurring medical treatment for a serious condition, or 3 in the course of the person's employment or occupation. 4 (b) The person is unable to take public transportation and 5 does not have any family members or other individuals able to 6 provide transportation to a destination or for a purpose 7 described in subdivision (a). 8 (11) The court order issued under subsection (6) and the 9 restricted license shall indicate the permitted destinations of 10 the person or the permitted purposes for which the person may 11 operate a vehicle, the approved route or routes if specified by 12 the court, and permitted times of travel. 13 (12) Immediately upon acceptance by the court of a plea of 14 guilty or nolo contendere or upon entry of a verdict of guilty 15 for a violation of section 625(1), (3), (4), (5), or (6) or a 16 local ordinance substantially corresponding to section 625(1), 17 (3), or (6), the person shall surrender to the court his or her 18 operator's or chauffeur's license or permit. The court shall 19 immediately destroy the license or permit and forward an abstract 20 of conviction with court-ordered license sanctions to the secre- 21 tary of state. Uponreceipt ofRECEIVING, and pursuant to, the 22 abstract of conviction with court-ordered license sanctions, the 23 secretary of state shall suspend or revoke the person's license 24 and, if ordered by the court and the person is otherwise eligible 25 for a license, issue to the person a restricted license stating 26 the limited driving privileges indicated on the abstract. If the 27 judgment and sentenceisARE appealed to circuit court, the 02139'97 43 1 court may ex parte order the secretary of state to stay the 2 suspension, revocation, or restricted license issuedpursuant3toUNDER this section pending the outcome of the appeal. 4 (13) In addition to any other suspension or revocation 5 ordered under this section and as part of the sentence imposed 6 upon a person who violates section 625(1), (3), (4), or (5) or a 7 local ordinance substantially corresponding to section 625(1) or 8 (3) while operating a commercial motor vehicle, the court shall 9 order the secretary of state to suspend the vehicle group desig- 10 nations on the person's operator's or chauffeur's license in 11 accordance with section 319b(1)(c). If the vehicle was trans- 12 porting hazardous material required to have a placard pursuant to 13 49 C.F.R. parts 100 to 199, the court shall order the secretary 14 of state to suspend the vehicle group designations on the 15 person's operator's or chauffeur's license in accordance with 16 section 319b(1)(d). The court shall not order the secretary of 17 state to issue a restricted license that would permit the person 18 to operate a commercial motor vehicle. 19 (14) In addition to any other suspension or revocation 20 ordered under this section and as part of the sentence imposed 21 upon a personwho isconvicted of a violation of section 625(4) 22 OR (5) WHILE OPERATING A COMMERCIAL MOTOR VEHICLE OR A PERSON 23 CONVICTED OF A VIOLATION OF SECTION 625(1),OR (3), (4), or24(5)or a local ordinance substantially corresponding to 25 section 625(1) or (3) while operating a commercial motor vehicle 26within 10 years ofWHO HAS a prior conviction INVOLVING THE 27 OPERATION OF A COMMERCIAL MOTOR VEHICLE, the court shall order 02139'97 44 1 the secretary of state to revoke the vehicle group designations 2 on the person's operator's or chauffeur's license in accordance 3 with section 319b(1)(e). The court shall not order the secretary 4 of state to issue a restricted license that would permit the 5 person to operate a commercial motor vehicle.As used in this6subsection, "prior conviction" means a conviction under section7625(1), (3), (4), or (5), former section 625(1) or (2), or former8section 625b, a local ordinance substantially corresponding to9section 625(1) or (3), former section 625(1) or (2), or former10section 625b, or a law of another state substantially correspond-11ing to section 625(1), (3), (4), or (5), former section 625(1) or12(2), or former section 625b involving the operation of a commer-13cial motor vehicle, or a conviction under section 625m, a local14ordinance substantially corresponding to section 625m, or a law15of another state substantially corresponding to section 625m.16 (15) As used in this section:, "work17 (A) "PRIOR CONVICTION" MEANS A CONVICTION FOR ANY OF THE 18 FOLLOWING, WHETHER UNDER A LAW OF THIS STATE, A LOCAL ORDINANCE 19 SUBSTANTIALLY CORRESPONDING TO A LAW OF THIS STATE, OR A LAW OF 20 ANOTHER STATE SUBSTANTIALLY CORRESPONDING TO A LAW OF THIS 21 STATE: 22 (i) A VIOLATION OR ATTEMPTED VIOLATION OF SECTION 625(1), 23 (3), (4), OR (5), SECTION 625M, FORMER SECTION 625(1) OR (2), OR 24 FORMER SECTION 625B. 25 (ii) NEGLIGENT HOMICIDE, MANSLAUGHTER, OR MURDER RESULTING 26 FROM THE OPERATION OF A VEHICLE OR AN ATTEMPT TO COMMIT 1 OF 27 THOSE CRIMES. 02139'97 45 1 (iii) FOR PURPOSES OF THE LICENSING SANCTIONS DESCRIBED IN 2 SUBSECTION (6)(D) ONLY, A VIOLATION OR ATTEMPTED VIOLATION OF 3 SECTION 625(6). 4 (B) "WORK location" means, as applicable, the specific place 5 or places of employment or the territory or territories regularly 6 visited by the person in pursuance of the person's occupation, or 7 both. 8 Sec. 625m. (1) A person, whether licensed or not, who has 9 an alcohol content of 0.04 grams or more but not more than 0.07 10 grams per 100 milliliters of blood, per 210 liters of breath, or 11 per 67 milliliters of urine shall not operate a commercial motor 12 vehicle within this state. 13 (2) A peace officer may arrest a person without a warrant 14 under either of the following circumstances: 15 (a) The peace officer has reasonable cause to believe that 16 the person was, at the time of an accident, the driver of a com- 17 mercial motor vehicle involved in the accident and was operating 18 the vehicle in violation of this section or a local ordinance 19 substantially corresponding to this section. 20 (b) The person is found in the driver's seat of a commercial 21 motor vehicle parked or stopped on a highway or street within 22 this state if any part of the vehicle intrudes into the roadway 23 and the peace officer has reasonable cause to believe the person 24 was operating the vehicle in violation of this section or a local 25 ordinance substantially corresponding to this section. 26 (3)AEXCEPT AS OTHERWISE PROVIDED IN SUBSECTIONS (4) AND 27 (5), A person who is convicted of a violation of this section or 02139'97 46 1 a local ordinance substantially corresponding to this section is 2 guilty of a misdemeanor punishable by imprisonment for not more 3 than9093 days or a fine of not more than $300.00, or both, 4 together with costs of the prosecution. As part of the sentence, 5 the court shall order the secretary of state to suspend the vehi- 6 cle group designations on the person's operator's or chauffeur's 7 license pursuant to section 319b(1)(c) or, if the vehicle was 8 carrying hazardous material required to have a placard pursuant 9 to 49 C.F.R. parts 100 to 199, pursuant to section 319b(1)(d). 10 The court shall not order the secretary of state to issue a 11 restricted license that would permit the person to operate a com- 12 mercial motor vehicle. 13 (4) A person who violates this section or a local ordinance 14 substantially corresponding to this section within 10 years of 15a1 prior conviction INVOLVING THE OPERATION OF A COMMERCIAL 16 MOTOR VEHICLE may be sentenced to imprisonment for not more than 17 1 year or a fine of not more than $1,000.00, or both. As part of 18 the sentence, the court shall order the secretary of state to 19 revoke the vehicle group designations on the person's operator's 20 or chauffeur's license pursuant to section 319b(1)(e). The court 21 shall not order the secretary of state to issue a restricted 22 license that would permit the person to operate a commercial 23 motor vehicle.As used in this subsection, "prior conviction"24means a conviction for a violation of this section, section25625(1), (3), (4), or (5), former section 625(1) or (2), or former26section 625b, a local ordinance substantially corresponding to27this section, section 625(1) or (3), former section 625(1) or02139'97 47 1(2), or former section 625b, or a law of another state2substantially corresponding to this section, section 625(1), (3),3(4), or (5), former section 625(1) or (2), or former section4625b, while operating a commercial motor vehicle.5 (5) A PERSON WHO VIOLATES THIS SECTION OR A LOCAL ORDINANCE 6 SUBSTANTIALLY CORRESPONDING TO THIS SECTION WITHIN 10 YEARS OF 2 7 OR MORE PRIOR CONVICTIONS IS GUILTY OF A FELONY AND SHALL BE SEN- 8 TENCED TO PAY A FINE OF NOT LESS THAN $500.00 OR MORE THAN 9 $5,000.00 AND TO EITHER OF THE FOLLOWING: 10 (A) IMPRISONMENT UNDER THE JURISDICTION OF THE DEPARTMENT OF 11 CORRECTIONS FOR NOT LESS THAN 1 YEAR OR MORE THAN 5 YEARS. 12 (B) PROBATION WITH IMPRISONMENT IN THE COUNTY JAIL FOR NOT 13 LESS THAN 30 DAYS OR MORE THAN 1 YEAR. NOT LESS THAN 48 HOURS OF 14 THE IMPRISONMENT IMPOSED UNDER THIS SUBDIVISION SHALL BE SERVED 15 CONSECUTIVELY. 16 (6) A TERM OF IMPRISONMENT IMPOSED UNDER SUBSECTION (5) 17 SHALL NOT BE SUSPENDED. AS PART OF THE SENTENCE UNDER SUBSECTION 18 (5), THE COURT SHALL ORDER THE SECRETARY OF STATE TO REVOKE THE 19 PERSON'S OPERATOR'S OR CHAUFFEUR'S LICENSE AND SHALL NOT ORDER 20 THE SECRETARY OF STATE TO ISSUE A RESTRICTED LICENSE TO THE 21 PERSON. AS PART OF THE SENTENCE IMPOSED UNDER SUBSECTION (5), 22 THE COURT SHALL ORDER THE SECRETARY OF STATE TO REVOKE THE VEHI- 23 CLE GROUP DESIGNATIONS ON THE PERSON'S OPERATOR'S OR CHAUFFEUR'S 24 LICENSE UNDER SECTION 319B(1)(E). THE JUDGMENT OF SENTENCE UNDER 25 SUBSECTION (5) SHALL IMPOSE THE SANCTION REQUIRED UNDER 26 SECTION 625N. 02139'97 48 1 (7)(5) When assessing points and taking license actions2under this act, the secretary of state and the court shall treat3a conviction forA PERSON WHO IS CONVICTED OF an attempted vio- 4 lation of subsection (1),OR a local ordinance substantially 5 corresponding to subsection (1), or a law of another state sub-6stantially corresponding to subsection (1)SHALL BE PUNISHED the 7 same as if the offense had been completed. 8 (8) AS USED IN THIS SECTION, "PRIOR CONVICTION" MEANS A CON- 9 VICTION FOR ANY OF THE FOLLOWING, WHETHER UNDER A LAW OF THIS 10 STATE, A LOCAL ORDINANCE SUBSTANTIALLY CORRESPONDING TO A LAW OF 11 THIS STATE, OR A LAW OF ANOTHER STATE SUBSTANTIALLY CORRESPONDING 12 TO A LAW OF THIS STATE: 13 (A) A VIOLATION OR ATTEMPTED VIOLATION OF SUBSECTION (1), 14 (3), (4), OR (5), SECTION 625M, FORMER SECTION 625(1) OR (2), OR 15 FORMER SECTION 625B. 16 (B) NEGLIGENT HOMICIDE, MANSLAUGHTER, OR MURDER RESULTING 17 FROM THE OPERATION OF A VEHICLE OR AN ATTEMPT TO COMMIT 1 OF 18 THOSE CRIMES. 19 Enacting section 1. This amendatory act does not take 20 effect unless all of the following bills of the 89th Legislature 21 are enacted into law: 22 (a) Senate Bill No. __________ or House Bill No. __________ 23 (request no. 02137'97). 24 (b) Senate Bill No. __________ or House Bill No. __________ 25 (request no. 02138'97). 02139'97 Final page. JOJ