HOUSE BILL No. 4960 June 24, 1997, Introduced by Rep. Perricone and referred to the Committee on Judiciary. A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 303, 321a, 625a, 625i, and 625n (MCL 257.303, 257.321a, 257.625a, 257.625i, and 257.625n), section 303 as amended by 1996 PA 587, sections 321a and 625i as amended by 1996 PA 493, and section 625a as amended and section 625n as added by 1996 PA 491, and by adding sections 904c, 904d, 904e, 904f, 904g, and 915. 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. 02138'97 TVD 2 1 (c) A person whose license has been suspended during the 2 period for which the license was suspended. 3 (d) A person who has been convicted of or received a 4probate courtJUVENILE disposition for a violation of section 5 625(4) or (5). 6 (e) A person who has been convicted of or received a 7probate courtJUVENILE disposition for negligent homicide, man- 8 slaughter, or murder resulting from the operation of a motor 9 vehicle. 10 (f) A person who is an habitual violator of the criminal 11 laws relating to operating a vehicle while impaired by or under 12 the influence of intoxicating liquor, a controlled substance, or 13 a combination of intoxicating liquor and a controlled substance 14 or with an alcohol content of 0.10 grams or more per 100 millili- 15 ters of blood, per 210 liters of breath, or per 67 milliliters of 16 urine. Convictions of any of the following, whether under a law 17 of this state, a local ordinance substantially corresponding to a 18 law of this state, or a law of another state substantially corre- 19 sponding to a law of this state, are prima facie evidence that 20 the person is an habitual violator as described in this 21 subdivision: 22 (i) Any combination of 2 convictions within 7 years for any 23 of the following: 24 (A) A violation of section 625(1), (4), or (5). 25 (B) A violation of former section 625(1) or (2) OR FORMER 26 SECTION 625B. 02138'97 3 1 (C) A VIOLATION OF SECTION 625M. 2 (D) NEGLIGENT HOMICIDE, MANSLAUGHTER, OR MURDER RESULTING 3 FROM THE OPERATION OF A VEHICLE OR AN ATTEMPT TO COMMIT 1 OF 4 THOSE CRIMES. 5 (ii) Any combination of 3 convictions within 10 years for 6 any of the following if any of the convictions resulted from an 7 arrest on or after January 1, 1992: 8 (A) A violation of section 625(1), (3), (4), or (5). 9 (B) A violation of former section 625(1) or (2) or former 10 section 625b. 11 (C) A VIOLATION OF SECTION 625M. 12 (D) NEGLIGENT HOMICIDE, MANSLAUGHTER, OR MURDER RESULTING 13 FROM THE OPERATION OF A VEHICLE OR AN ATTEMPT TO COMMIT 1 OF 14 THOSE CRIMES. 15 (g) A person who in the opinion of the secretary of state is 16 afflicted with or suffering from a physical or mental disability 17 or disease preventing that person from exercising reasonable and 18 ordinary control over a motor vehicle while operating the motor 19 vehicle upon the highways. 20 (h) A person who is unable to understand highway warning or 21 direction signs in the English language. 22 (i) A person who is an habitually reckless driver. Two con- 23 victions within 7 years of reckless driving under this act or any 24 other law of this state relating to reckless driving or under a 25 local ordinance of this state or a law of another state that 26 defines the term "reckless driving" substantially similarly to 02138'97 4 1 the law of this state are prima facie evidence that the person is 2 an habitually reckless driver. 3 (j) A person who is an habitual criminal. Two convictions 4 of a felony in which a motor vehicle was used in this or another 5 state are prima facie evidence that the person is an habitual 6 criminal. 7 (k) A person who is unable to pass a knowledge, skill, or 8 ability test administered by the secretary of state in connection 9 with the issuance of an original operator's or chauffeur's 10 license, original motorcycle indorsement, or an original or 11 renewal of a vehicle group designation or vehicle indorsement. 12 (l) A person who has been convicted of, has received a 13probate courtJUVENILE disposition for, or has been determined 14 responsible for 2 or more moving violations under a law of this 15 state, a local ordinance substantially corresponding to a law of 16 this state, or a law of another state substantially corresponding 17 to a law of this state within the preceding 3 years, if the vio- 18 lations occurred before issuance of an original license to the 19 person in this or another state. 20 (m) A nonresident including a foreign exchange student. 21 (N) A PERSON WHO HAS FAILED TO ANSWER A CITATION OR NOTICE 22 TO APPEAR IN COURT IN VIOLATION OF SECTION 321A OR WHO IS IN 23 DEFAULT IN PAYING FINES OR COSTS ORDERED UNDER SECTION 907, UNTIL 24 THAT PERSON ANSWERS THE CITATION OR NOTICE TO APPEAR IN COURT AS 25 PROVIDED UNDER SECTION 321A OR IS NO LONGER IN DEFAULT IN PAYING 26 THE FINES OR COSTS ORDERED UNDER SECTION 907. 02138'97 5 1 (O)(n)A person not licensed under this act who has been 2 convicted of, has received aprobate courtJUVENILE disposition 3 for, or has been determined responsible for a crime or civil 4 infraction described in section 319, 324, or 904. A person shall 5 be denied a license under this subdivision for the length of time 6 corresponding to the period of the licensing sanction that would 7 have been imposed under section 319, 324, or 904 if the person 8 had been licensed at the time of the violation. 9 (P)(o)A person not licensed under this act who has been 10 convicted of or received aprobate courtJUVENILE disposition 11 for committing a crime described in section 319e. A person shall 12 be denied a license under this subdivision for the length of time 13 that corresponds to the period of the licensing sanction that 14 would have been imposed under section 319e if the person had been 15 licensed at the time of the violation. 16 (Q)(p)A person not licensed under this act who is deter- 17 mined to have violated section 33b(1) of the Michigan liquor con- 18 trol act,Act No. 8 of the Public Acts of the Extra Session of191933, being section 436.33b of the Michigan Compiled Laws1933 20 (EX SESS) PA 8, MCL 436.33B, or section 624a or 624b. The person 21 shall be denied a license under this subdivision for a period of 22 time that corresponds to the period of the licensing sanction 23 that would have been imposed under those sections had the person 24 been licensed at the time of the violation. 25 (R)(q)A person who has been convicted of a violation of 26 section 602a(4) or (5) or a violation of section 479a(4) or (5) 27 of the Michigan penal code,Act No. 328 of the Public Acts of02138'97 6 11931, being section 750.479a of the Michigan Compiled Laws1931 2 PA 328, MCL 750.479A. 3 (2) Upon receiving the appropriate records of conviction, 4 the secretary of state shall revoke the operator's or chauffeur's 5 license of a person having any of the following, whether under a 6 law of this state, a local ordinance substantially corresponding 7 to a law of this state, or a law of another state substantially 8 corresponding to a law of this state: 9 (a) Two convictions of reckless driving in violation of sec- 10 tion 626 within 7 years. 11 (b) Two convictions of a felony in which a motor vehicle was 12 used within 7 years. 13 (c)Any combination of 2 convictionsA CONVICTION FOR A 14 VIOLATION OF SECTION 625(1) OR (3) within 7 years AFTER A 15 CONVICTION for any of the following: 16 (i) A violation of section 625(1), (3), (4), OR (5). 17 (ii) A violation of former section 625(1) or (2) OR FORMER 18 SECTION 625B. 19 (iii) A violation of section625(4) or (5)625M. 20 (iv) Negligent homicide, manslaughter, or murder resulting 21 from the operation of amotorvehicle OR AN ATTEMPT TO COMMIT 1 22 OF THOSE CRIMES. 23 (d) One conviction under section 625(4) or (5). 24 (e) One conviction of negligent homicide, manslaughter, or 25 murder resulting from the operation of amotorvehicle OR AN 26 ATTEMPT TO COMMIT 1 OF THOSE CRIMES. 02138'97 7 1 (f) Any combination of 3 convictions within 10 years for any 2 of the following if any of the convictions resulted from an 3 arrest on or after January 1, 1992: 4 (i) A violation of section 625(1), (3), (4), or (5). 5 (ii) A violation of former section 625(1) or (2) or former 6 section 625b. 7 (iii) A VIOLATION OF SECTION 625M. 8 (iv)(iii)Negligent homicide, manslaughter, or murder 9 resulting from the operation of amotorvehicle OR AN ATTEMPT 10 TO COMMIT 1 OF THOSE CRIMES. 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, SECTION 625M, former section 625(1) or (2), or 18 former section 625b or a local ordinance substantially corre- 19 sponding to section 625, section 625b, SECTION 625M, former sec- 20 tion 625(1) or (2), or 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 OR (R) 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. 02138'97 8 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. 20 Sec. 321a. (1) A person who fails to answer a citation, or 21 a notice to appear in court for a violation of this act or a 22 local ordinance substantially corresponding to a provision of 23 this act, or for any matter pending, or who fails to comply with 24 an order or judgment issuedpursuant toUNDER section 907 is 25 guilty of a misdemeanor PUNISHABLE BY IMPRISONMENT FOR NOT MORE 26 THAN 93 DAYS OR A FINE OF NOT MORE THAN $100.00, OR BOTH. A 27 violation of this subsection or failure to answer a citation or 02138'97 9 1 notice to appeal section 33b(1) of the Michigan liquor control 2 act,Act No. 8 of the Public Acts of the Extra Session of 1933,3being section 436.33b of the Michigan Compiled Laws1933 (EX 4 SESS) PA 8, MCL 436.33B, or a local ordinance substantially cor- 5 responding to that section shall not be considered a violation 6 for any purpose under section 320a. 7 (2) Except as provided in subsection (3),and (4), 2814 8 days or more after the date of noncompliance with an order or 9 judgment, the court shall give notice by mail at the last known 10 address of the person that if the person fails to appear or fails 11 to comply with the order or judgment issuedpursuant toUNDER 12 section 907, including, but not limited to, paying all fines and 13 costs, within 14 days after the notice is issued, the secretary 14 of state shall suspend the person's operator's or chauffeur's 15 license. If the person fails to appear or fails to comply with 16 the order or judgment issuedpursuant toUNDER section 907, 17 including, but not limited to, paying all fines and costs, within 18 the 14-day period, the court shall, within 14 days, inform the 19 secretary of state, who shall immediately suspend the license of 20 the person.andTHE SECRETARY OF STATE SHALL IMMEDIATELY notify 21 the person of the suspension by regular mail at the person's last 22 known address. 23 (3) If the person is charged with, or convicted of, a viola- 24 tion of section 625(1), (2), (3), (4), (5), or (6) or a local 25 ordinance substantially corresponding to section 625(1), (2), 26 (3), or (6) and the person fails to answer a citation or a notice 27 to appear in court, or for any matter pending, or fails to comply 02138'97 10 1 with an order or judgment of the court, including, but not 2 limited to, paying all fines, costs, and crime victim rights 3 assessments, the court shall immediately give notice by 4 first-class mail sent to the person's last known address that if 5 the person fails to appear within 7 days after the notice is 6 issued, or fails to comply with the order or judgment of the 7 court, including, but not limited to, paying all fines, costs, 8 and crime victim rights assessments, within 14 days after the 9 notice is issued, the secretary of state shall suspend the 10 person's operator's or chauffeur's license. If the person fails 11 to appear within the 7-day period, or fails to comply with the 12 order or judgment of the court, including, but not limited to, 13 paying all fines, costs, and crime victim rights assessments, 14 within the 14-day period, the court shall immediately inform the 15 secretary of state who shall immediately suspend the person's 16 operator's or chauffeur's license and notify the person of the 17 suspension by first-class mail sent to the person's last known 18 address. 19 (4) If the person is charged with, or convicted of, a viola- 20 tion of section 33b(1) ofAct No. 8 of the Public Acts of the21Extra Session of 1933, being section 436.33b of the Michigan22Compiled LawsTHE MICHIGAN LIQUOR CONTROL ACT, 1933 (EX SESS) PA 23 8, MCL 436.33B, section 624a, section 624b, or a local ordinance 24 substantially corresponding to those sections and the person 25 fails to answer a citation or a notice to appear in court issued 26pursuant toUNDER section 33b ofAct No. 8 of the Public Acts27of the Extra Session of 1933THE MICHIGAN LIQUOR CONTROL ACT, 02138'97 11 1 1933 (EX SESS) PA 8, MCL 436.33B, section 624a, section 624b, or 2 a local ordinance substantially corresponding to those sections 3 or fails to comply with an order or judgment of the court issued 4 pursuant to section 33b ofAct No. 8 of the Public Acts of the5Extra Session of 1933THE MICHIGAN LIQUOR CONTROL ACT, 1933 (EX 6 SESS) PA 8, MCL 436.33B, section 624a, section 624b, or a local 7 ordinance substantially corresponding to those sections includ- 8 ing, but not limited to, paying all fines and costs, the court 9 shall immediately give notice by first-class mail sent to the 10 person's last known address that if the person fails to appear 11 within 7 days after the notice is issued, or fails to comply with 12 the order or judgment of the court, including, but not limited 13 to, paying all fines and costs, within 14 days after the notice 14 is issued, the secretary of state shall suspend the person's 15 operator's or chauffeur's license. If the person fails to appear 16 within the 7-day period, or fails to comply with the order or 17 judgment of the court, including, but not limited to, paying all 18 fines and costs, within the 14-day period, the court shall imme- 19 diately inform the secretary of state who shall immediately sus- 20 pend the person's operator's or chauffeur's license and notify 21 the person of the suspension by first-class mail sent to the 22 person's last known address. 23 (5) A suspension imposed under subsection (2),OR (3),24or (4) shall remainREMAINS in effect until both of the follow- 25 ing occur: 26 (a)The court informs the secretary of state that the27person has appeared before the court and that all matters02138'97 12 1relating to the violation or to the noncompliance with section2907 are resolved.THE SECRETARY OF STATE IS NOTIFIED BY EACH 3 COURT IN WHICH THE PERSON FAILED TO ANSWER A CITATION OR NOTICE 4 TO APPEAR OR FAILED TO PAY A FINE OR COST THAT THE PERSON HAS 5 ANSWERED THAT CITATION OR NOTICE TO APPEAR OR PAID THAT FINE OR 6 COST. 7 (b) The person has paid to the court a $25.00driver8license reinstatementfee FOR EACH FAILURE TO ANSWER A CITATION 9 OR NOTICE TO APPEAR OR FAILURE TO PAY A FINE OR COST.The10increase in the reinstatement fee from $10.00 to $25.00 shall be11imposed for a license that is suspended on or after April 5, 198812regardless of when the license was suspended.13 (6) The court shall not notify the secretary of state, and 14 the secretary of state shall not suspend the person's license, if 15 the person fails to appear in response to a citation issued for, 16 or fails to comply with an order or judgment involving 1 or more 17 of the following infractions: 18 (a) The parking or standing of a vehicle. 19 (b)AEXCEPT FOR A VIOLATION OF SECTION 33B(1) OR (2) OF 20 THE MICHIGAN LIQUOR CONTROL ACT, 1933 (EX SESS) PA 8, MCL 21 436.33B, SECTION 624A OR 624B, OR A LOCAL ORDINANCE SUBSTANTIALLY 22 CORRESPONDING TO SECTION 33B(1) OR (2) OF THE MICHIGAN LIQUOR 23 CONTROL ACT, 1933 (EX SESS) PA 8, MCL 436.33B, OR SECTION 624A OR 24 624B, A pedestrian, passenger, or bicycle violation. 25 (7) The court may notify a person who has done either of the 26 following, that if the person does not appear within 10 days 02138'97 13 1 after the notice is issued, the court will inform the secretary 2 of state of the person's failure to appear: 3 (a) Failed to answer 2 or more parking violation notices or 4 citations for violating a provision of this act or an ordinance 5 substantially corresponding to a provision of this act pertaining 6 to handicapper parking.issued or served after September 19,71989.8 (b) Failed to answer 6 or more parking violation notices or 9 citations, issued or served after March 31, 1981,regarding 10 illegal parking. 11 (8) The secretary of state, upon being informed of the fail- 12 ure of a person to appear or comply as provided in subsection 13 (7), shall not issue a license to the person or renew a license 14 for the person until both of the following occur: 15 (a) The court informs the secretary of state that the person 16 has resolved all outstanding matters regarding the notices or 17 citations. 18 (b) The person has paid to the court a $25.00driver19license reinstatementfee.The increase in the reinstatement20fee from $10.00 to $25.00 shall be imposed for a license that is21reinstated on or after April 5, 1988 regardless of when issuance22or renewal of the license was denied.If the court determines 23 that the person is not responsible for any of the parking viola- 24 tions for which the person's license was suspended under this 25 subsection, the court shall waive payment of the fee. 26 (9) Not less than2814 days after a person fails to 27 appear in response to a citation issued for, or fails to comply 02138'97 14 1 with an order or judgment involving, a state civil infraction 2 described in chapter 88 of the revised judicature act of 1961, 3Act No. 236 of the Public Acts of 1961, being sections 600.88014to 600.8831 of the Michigan Compiled Laws1961 PA 236, MCL 5 600.8801 TO 600.8831, the court shall give notice by ordinary 6 mail, addressed to the person's last known address, that if the 7 person fails to appear or fails to comply with the order or judg- 8 ment described in this subsection within 14 days after the notice 9 is issued, the court will give to the secretary of state notice 10 of that failure. Upon receiving notice of that failure, the sec- 11 retary of state shall not issue or renew an operator's or 12 chauffeur's license for the person until both of the following 13 occur: 14 (a) The court informs the secretary of state that the person 15 has resolved all outstanding matters regarding each notice or 16 citation. 17 (b) The person has paid to the court a $25.00driver18license reinstatementfee. If the court determines that the 19 person is not responsible for any violation for which the 20 person's license was not issued or renewed under this subsection, 21 the court shall waive thedriver license reinstatementfee. 22 (10) For the purposes of subsections (5)(a), (8)(a), and 23 (9)(a), the court shall give to the person a copy of the informa- 24 tion being transmitted to the secretary of state. Upon showing 25 that copy, the person shall not be arrested or issued a citation 26 for driving on a suspended license, on an expired license, or 27 without a license on the basis of any matter resolved under 02138'97 15 1 subsection (5)(a), (8)(a), or (9)(a), even if the information 2 being sent to the secretary of state has not yet been received or 3 recorded by the department. 4 (11)Sixty percentSIX DOLLARS ofthe driver license5reinstatement feesEACH FEE received undersubsections6 SUBSECTION (5)(b), (8)(b), or (9)(b) shall be transmitted by the 7 court to the secretary of state on a monthly basis. The funds 8 received by the secretary of statepursuant toUNDER this sub- 9 section shall be deposited in the state general fund and shall be 10 used to defray the expenses of the secretary of state in process- 11 ing the suspension and reinstatement of driver licenses under 12 this section. 13 (12) Section 819 does not apply to a reinstatement fee col- 14 lected for an operator's or chauffeur's license that is not 15 issued or renewedpursuant toUNDER section 8827 ofAct16No. 236 of the Public Acts of 1961, being section 600.8827 of the17Michigan Compiled LawsTHE REVISED JUDICATURE ACT OF 1961, 1961 18 PA 236, MCL 600.8827. 19 Sec. 625a. (1) A peace officer may arrest a person without 20 a warrant under either of the following circumstances: 21 (a) The peace officer has reasonable cause to believe the 22 person was, at the time of an accident in this state, the opera- 23 tor of a vehicle involved in the accident and was operating the 24 vehicle in violation of section 625(1), (3), or (6) or a local 25 ordinance substantially corresponding to section 625(1), (3), or 26 (6). 02138'97 16 1 (b) The person is found in the driver's seat of a vehicle 2 parked or stopped on a highway or street within this state if any 3 part of the vehicle intrudes into the roadway and the peace offi- 4 cer has reasonable cause to believe the person was operating the 5 vehicle in violation of section 625(1), (3), or (6) or a local 6 ordinance substantially corresponding to section 625(1), (3), or 7 (6). 8 (2) A peace officer who has reasonable cause to believe that 9 a person was operating a vehicle upon a public highway or other 10 place open to the public or generally accessible to motor vehi- 11 cles, including an area designated for the parking of vehicles, 12 within this state and that the person by the consumption of 13 intoxicating liquor may have affected his or her ability to oper- 14 ate a vehicle, or reasonable cause to believe that a person was 15 operating a commercial motor vehicle within the state while the 16 person's blood, breath, or urine contained any measurable amount 17 of alcohol or while the person had any detectable presence of 18 intoxicating liquor, or reasonable cause to believe that a person 19 who is less than 21 years of age was operating a vehicle upon a 20 public highway or other place open to the public or generally 21 accessible to motor vehicles, including an area designated for 22 the parking of vehicles, within this state while the person had 23 any bodily alcohol content as that term is defined in section 24 625(6), may require the person to submit to a preliminary chemi- 25 cal breath analysis. The following provisions apply with respect 26 to a preliminary chemical breath analysis administered pursuant 27 to this subsection: 02138'97 17 1 (a) A peace officer may arrest a person based in whole or in 2 part upon the results of a preliminary chemical breath analysis. 3 (b) The results of a preliminary chemical breath analysis 4 are admissible in a criminal prosecution for a crime enumerated 5 in section 625c(1) or in an administrative hearing for 1 or more 6 of the following purposes: 7 (i) To assist the court or hearing officer in determining a 8 challenge to the validity of an arrest. This subparagraph does 9 not limit the introduction of other competent evidence offered to 10 establish the validity of an arrest. 11 (ii) As evidence of the defendant's breath alcohol content, 12 if offered by the defendant. 13 (iii) As evidence of the defendant's breath alcohol content, 14 if offered by the prosecution to rebut testimony or other evi- 15 dence, including but not limited to testimony elicited on 16 cross-examination of a prosecution witness, that is offered or 17 elicited to prove that the defendant's breath alcohol content was 18 lower at the time of the charged offense than when a chemical 19 test was administered pursuant to subsection (6). 20 (c) A person who submits to a preliminary chemical breath 21 analysis remains subject to the requirements of sections 625c, 22 625d, 625e, and 625f for purposes of chemical tests described in 23 those sections. 24 (d) Except as provided in subsection (5), a person who 25 refuses to submit to a preliminary chemical breath analysis upon 26 a lawful request by a peace officer is responsible for a civil 27 infraction. 02138'97 18 1 (3) A peace officer shall use the results of a preliminary 2 chemical breath analysis conducted pursuant to this section to 3 determine whether to order a person out-of-service under 4 section 319d. A peace officer shall order out-of-service as 5 required under section 319d a person who was operating a commer- 6 cial motor vehicle and who refuses to submit to a preliminary 7 chemical breath analysis as provided in this section. This sec- 8 tion does not limit use of other competent evidence by the peace 9 officer to determine whether to order a person out-of-service 10 under section 319d. 11 (4) A person who was operating a commercial motor vehicle 12 and who is requested to submit to a preliminary chemical breath 13 analysis under this section shall be advised that refusing a 14 peace officer's request to take a test described in this section 15 is a misdemeanor punishable by imprisonment for not more than 90 16 days or a fine of not more than $100.00, or both, and will result 17 in the issuance of a 24-hour out-of-service order. 18 (5) A person who was operating a commercial motor vehicle 19 and who refuses to submit to a preliminary chemical breath analy- 20 sis upon a peace officer's lawful request is guilty of a misde- 21 meanor punishable by imprisonment for not more than 90 days or a 22 fine of not more than $100.00, or both. 23 (6) The following provisions apply with respect to chemical 24 tests and analysis of a person's blood, urine, or breath, other 25 than preliminary chemical breath analysis: 26 (a) The amount of alcohol or presence of a controlled 27 substance or both in a driver's blood or urine or the amount of 02138'97 19 1 alcohol in a person's breath at the time alleged as shown by 2 chemical analysis of the person's blood, urine, or breath is 3 admissible into evidence in any civil or criminal proceeding. 4 (b) A person arrested for a crime described in 5 section 625c(1) shall be advised of all of the following: 6 (i) If he or she takes a chemical test of his or her blood, 7 urine, or breath administered at the request of a peace officer, 8 he or she has the right to demand that a person of his or her own 9 choosing administer 1 of the chemical tests. 10 (ii) The results of the test are admissible in a judicial 11 proceeding as provided under this act and will be considered with 12 other competent evidence in determining the defendant's innocence 13 or guilt. 14 (iii) He or she is responsible for obtaining a chemical 15 analysis of a test sample obtained pursuant to his or her own 16 request. 17 (iv) If he or she refuses the request of a peace officer to 18 take a test described in subparagraph (i), a test shall not be 19 given without a court order, but the peace officer may seek to 20 obtain such a court order. 21 (v) Refusing a peace officer's request to take a test 22 described in subparagraph (i) will result in the suspension of 23 his or her operator's or chauffeur's license and vehicle group 24 designation or operating privilege and in the addition of 6 25 points to his or her driver record. 26 (c) A sample or specimen of urine or breath shall be taken 27 and collected in a reasonable manner. Only a licensed physician, 02138'97 20 1 or an individual operating under the delegation of a licensed 2 physician under section 16215 of the public health code,Act3No. 368 of the Public Acts of 1978, being section 333.16215 of4the Michigan Compiled Laws1978 PA 368, MCL 333.16215, qualified 5 to withdraw blood and acting in a medical environment, may with- 6 draw blood at a peace officer's request to determine the amount 7 of alcohol or presence of a controlled substance or both in the 8 person's blood, as provided in this subsection. Liability for a 9 crime or civil damages predicated on the act of withdrawing or 10 analyzing blood and related procedures does not attach to a 11 licensed physician or individual operating under the delegation 12 of a licensed physician who withdraws or analyzes blood or 13 assists in the withdrawal or analysis in accordance with this act 14 unless the withdrawal or analysis is performed in a negligent 15 manner. 16 (d) A chemical test described in this subsection shall be 17 administered at the request of a peace officer having reasonable 18 grounds to believe the person has committed a crime described in 19 section 625c(1). A person who takes a chemical test administered 20 at a peace officer's request as provided in this section shall be 21 given a reasonable opportunity to have a person of his or her own 22 choosing administer 1 of the chemical tests described in this 23 subsection within a reasonable time after his or her detention. 24 The test results are admissible and shall be considered with 25 other competent evidence in determining the defendant's innocence 26 or guilt. If the person charged is administered a chemical test 27 by a person of his or her own choosing, the person charged is 02138'97 21 1 responsible for obtaining a chemical analysis of the test 2 sample. 3 (e) If, after an accident, the driver of a vehicle involved 4 in the accident is transported to a medical facility and a sample 5 of the driver's blood is withdrawn at that time for medical 6 treatment, the results of a chemical analysis of that sample are 7 admissible in any civil or criminal proceeding to show the amount 8 of alcohol or presence of a controlled substance or both in the 9 person's blood at the time alleged, regardless of whether the 10 person had been offered or had refused a chemical test. The med- 11 ical facility or person performing the chemical analysis shall 12 disclose the results of the analysis to a prosecuting attorney 13 who requests the results for use in a criminal prosecution as 14 provided in this subdivision. A medical facility or person dis- 15 closing information in compliance with this subsection is not 16 civilly or criminally liable for making the disclosure. 17 (f) If, after an accident, the driver of a vehicle involved 18 in the accident is deceased, a sample of the decedent's blood 19 shall be withdrawn in a manner directed by the medical examiner 20 to determine the amount of alcohol or the presence of a con- 21 trolled substance, or both, in the decedent's blood. The medical 22 examiner shall give the results of the chemical analysis of the 23 sample to the law enforcement agency investigating the accident 24 and that agency shall forward the results to the department of 25 state police. 26 (g) The department of state police shall promulgate uniform 27 rulespursuant toIN COMPLIANCE WITH the administrative 02138'97 22 1 procedures act of 1969,Act No. 306 of the Public Acts of 1969,2being sections 24.201 to 24.328 of the Michigan Compiled Laws3 1969 PA 306, MCL 24.201 TO 24.328, for the administration of 4 chemical tests for the purposes of this section. An instrument 5 used for a preliminary chemical breath analysis may be used for a 6 chemical test described in this subsection if approved under 7 rules promulgated by the department of state police. 8 (7) The provisions of subsection (6) relating to chemical 9 testing do not limit the introduction of any other competent evi- 10 dence bearing upon the question of whether a person was impaired 11 by, or under the influence of, intoxicating liquor or a con- 12 trolled substance, or a combination of intoxicating liquor and a 13 controlled substance, or whether the person had an alcohol con- 14 tent of 0.10 grams or more per 100 milliliters of blood, per 210 15 liters of breath, or per 67 milliliters of urine, or if the 16 person is less than 21 years of age, whether the person had any 17 bodily alcohol content within his or her body. As used in this 18 section, "any bodily alcohol content" means either of the 19 following: 20 (a) An alcohol content of not less than 0.02 grams or more 21 than 0.07 grams per 100 milliliters of blood, per 210 liters of 22 breath, or per 67 milliliters of urine. 23 (b) Any presence of alcohol within a person's body resulting 24 from the consumption of intoxicating liquor, other than consump- 25 tion of intoxicating liquor as a part of a generally recognized 26 religious service or ceremony. 02138'97 23 1 (8) If a chemical test described in subsection (6) is 2 administered, the test results shall be made available to the 3 person charged or the person's attorney upon written request to 4 the prosecution, with a copy of the request filed with the 5 court. The prosecution shall furnish the results at least 2 days 6 before the day of the trial. The prosecution shall offer the 7 test results as evidence in that trial. Failure to fully comply 8 with the request bars the admission of the results into evidence 9 by the prosecution. 10 (9) Except in a prosecution relating solely to a violation 11 of section 625(1)(b) or (6), the amount of alcohol in the 12 driver's blood, breath, or urine at the time alleged as shown by 13 chemical analysis of the person's blood, breath, or urine gives 14 rise to the following presumptions: 15 (a) If there were at the time 0.07 grams or less of alcohol 16 per 100 milliliters of the defendant's blood, per 210 liters of 17 the defendant's breath, or per 67 milliliters of the defendant's 18 urine, it is presumed that the defendant's ability to operate a 19 motor vehicle was not impaired due to the consumption of intoxi- 20 cating liquor and that the defendant was not under the influence 21 of intoxicating liquor. 22 (b) If there were at the time more than 0.07 grams but less 23 than 0.10 grams of alcohol per 100 milliliters of the defendant's 24 blood, per 210 liters of the defendant's breath, or per 67 milli- 25 liters of the defendant's urine, it is presumed that the 26 defendant's ability to operate a vehicle was impaired within the 02138'97 24 1 provisions of section 625(3) due to the consumption of 2 intoxicating liquor. 3 (c) If there were at the time 0.10 grams or more of alcohol 4 per 100 milliliters of the defendant's blood, per 210 liters of 5 the breath, or per 67 milliliters of the defendant's urine, it is 6 presumed that the defendant was under the influence of intoxicat- 7 ing liquor. 8 (10) A person's refusal to submit to a chemical test as pro- 9 vided in subsection (6) is admissible in a criminal prosecution 10 for a crime described in section 625c(1) only to show that a test 11 was offered to the defendant, but not as evidence in determining 12 the defendant's innocence or guilt. The jury shall be instructed 13 accordingly. 14 (11) IF A PERSON ARRESTED FOR A VIOLATION DESCRIBED IN SUB- 15 SECTION (12) HAS PREVIOUSLY BEEN CONVICTED OF OR RECEIVED A JUVE- 16 NILE DISPOSITION FOR A VIOLATION OR ATTEMPTED VIOLATION DESCRIBED 17 IN THAT SUBSECTION WITHIN THE PAST 7 YEARS, WHETHER THAT PRIOR 18 CONVICTION WAS UNDER A LAW OF THIS STATE, A LOCAL ORDINANCE SUB- 19 STANTIALLY CORRESPONDING TO A LAW OF THIS STATE, OR A LAW OF 20 ANOTHER STATE SUBSTANTIALLY CORRESPONDING TO A LAW OF THIS STATE, 21 THE ARRESTING OFFICER SHALL, ON BEHALF OF THE SECRETARY OF STATE, 22 IMMEDIATELY CONFISCATE THE REGISTRATION PLATE OF THE VEHICLE 23 OPERATED BY THAT PERSON AND ISSUE A TEMPORARY VEHICLE REGISTRA- 24 TION PLATE FOR THE VEHICLE. THE ARRESTING OFFICER SHALL PLACE 25 THE TEMPORARY VEHICLE REGISTRATION PLATE ON THE VEHICLE IN THE 26 MANNER REQUIRED BY THE SECRETARY OF STATE, AND SHALL NOTIFY THE 27 SECRETARY OF STATE THROUGH THE LAW ENFORCEMENT INFORMATION 02138'97 25 1 NETWORK THAT THE REGISTRATION PLATE FOR THE VEHICLE WAS 2 CONFISCATED AND THAT A TEMPORARY VEHICLE REGISTRATION PLATE WAS 3 ISSUED. THE PROSECUTING ATTORNEY SHALL PROVIDE THE REGISTRATION 4 PLATE TO THE COURT WHEN HE OR SHE FILES THE COMPLAINT. A TEMPO- 5 RARY VEHICLE REGISTRATION PLATE ISSUED UNDER THIS SECTION IS 6 VALID FOR 1 OF THE FOLLOWING TIME PERIODS: 7 (A) IF THE CASE IS NOT PROSECUTED, FOR 90 DAYS. THE PROSE- 8 CUTING ATTORNEY SHALL NOTIFY THE SECRETARY OF STATE IF A CASE 9 REFERRED TO THE PROSECUTING ATTORNEY IS NOT PROSECUTED. THE 10 ARRESTING LAW ENFORCEMENT AGENCY SHALL NOTIFY THE SECRETARY OF 11 STATE IF A CASE IS NOT REFERRED TO THE PROSECUTING ATTORNEY FOR 12 PROSECUTION. 13 (B) IF THE CASE IS PROSECUTED, UNTIL 5 DAYS AFTER THE CRIMI- 14 NAL CHARGES AGAINST THE PERSON ARE DISMISSED, THE PERSON PLEADS 15 GUILTY OR NOLO CONTENDERE TO OR IS FOUND GUILTY OF OR ACQUITTED 16 OF THOSE CHARGES, OR THE PERSON'S VEHICLE REGISTRATION IS ORDERED 17 CANCELED BY THE COURT, WHICHEVER OCCURS EARLIEST. 18 (12) SUBSECTION (11) APPLIES TO ALL OF THE FOLLOWING: 19 (A) A VIOLATION OF SECTION 625(1) OR (3) OR SECTION 625M OR 20 A LOCAL ORDINANCE SUBSTANTIALLY CORRESPONDING TO SECTION 625(1) 21 OR (3) OR SECTION 625M. 22 (B) A VIOLATION OF SECTION 625(4) OR (5). 23 (C) A VIOLATION OF SECTION 904. 24 (D) NEGLIGENT HOMICIDE, MANSLAUGHTER, OR MURDER RESULTING 25 FROM THE OPERATION OF A VEHICLE OR AN ATTEMPT TO COMMIT 1 OF 26 THOSE CRIMES. 02138'97 26 1 Sec. 625i. (1) The department of state police shall prepare 2 an annual report which shall be designated the Michigan annual 3 drunk driving audit. The secretary of state, circuit court, dis- 4 trict court, probate court, municipal courts, and local units of 5 government in this state shall cooperate with the department of 6 state police to provide information necessary for the preparation 7 of the report. A copy of the report prepared under this subsec- 8 tion shall be submitted to the governor, the secretary of the 9 senate, the clerk of the house of representatives, and the secre- 10 tary of state on June 1 of each year. The report shall contain 11 for each county in the state all of the following information 12 applicable to the immediately preceding calendar year: 13 (a) The number of alcohol related motor vehicle accidents 14 resulting in bodily injury, including a breakdown of the number 15 of those injuries occurring per capita of population and per road 16 mile in the county. 17 (b) The number of alcohol related motor vehicle accidents 18 resulting in death, including the breakdown described in subdivi- 19 sion (a). 20 (c) The number of alcohol related motor vehicle accidents, 21 other than those enumerated in subdivisions (a) and (b), includ- 22 ing the breakdown described in subdivision (a). 23 (d) The number of arrests made for violations of section 24 625(1)(a) or (b) or local ordinances substantially corresponding 25 to section 625(1)(a) or (b). 02138'97 27 1 (e) The number of arrests made for violations of section 2 625(3) or local ordinances substantially corresponding to section 3 625(3). 4 (f) The number of arrests made for violations of 5 section 625(6) or local ordinances substantially corresponding to 6 section 625(6). 7 (g) The number of arrests made for violations of 8 section 625(4) or (5). 9 (h) The number of operator's or chauffeur's licenses sus- 10 pended pursuant to section 625f. 11 (i) The number of arrests made for violations of 12 section 625m or local ordinances substantially corresponding to 13 section 625m.This subdivision shall apply after December 31,141992.15 (2) The secretary of state shall compile a report of dispo- 16 sitions of charges for violations of section 625(1), (3), (4), 17 (5), or (6) or section 625m or section 33b(1) or (2) of the 18 Michigan liquor control act,Act No. 8 of the Public Acts of the19Extra Session of 1933, being section 436.33b of the Michigan20Compiled Laws1933 (EX SESS) PA 8, MCL 436.33B, or local ordi- 21 nances substantially corresponding to section 625(1), (3), or (6) 22 or section 625m or section 33b(1) or (2) ofAct No. 8 of the23Public Acts of the Extra Session of 19331933 (EX SESS) PA 8, 24 MCL 436.33B, by each judge for inclusion in the annual report. 25 The report compiled by the secretary of state shall include 26 information regarding all of the following: 02138'97 28 1 (a) The number of dismissals granted. 2 (b) The number of convictions entered. 3 (c) The number of acquittals entered. 4 (d) The number of licenses suspended, revoked, or 5 restricted. 6 (e) The average length of imprisonment imposed. 7 (f) The average length of community service imposed in lieu 8 of imprisonment. 9 (g) The average fine imposed. 10 (H) THE NUMBER OF VEHICLES IMMOBILIZED UNDER SECTION 904E. 11 (I) THE NUMBER OF RESTRICTED REGISTRATION PLATES ISSUED 12 UNDER SECTION 904D. 13 (J) THE NUMBER OF VEHICLES ORDERED FORFEITED UNDER SECTION 14 625N. 15(3) The secretary of state shall enter into a contract with16the university of Michigan transportation research institute, in17which the university of Michigan transportation research insti-18tute shall evaluate the effect and impact of the 1991 legislation19addressing drunk and impaired driving in this state and report20its findings to the governor and the legislature not later than21October 1, 1994.22 Sec. 625n. (1)Except as otherwise provided inIF 23 REQUIRED BY thissectionACT and in addition to any other pen- 24 alty provided for in this act, thejudgment of sentence for a25conviction for a violation of section 625(1), a violation of sec-26tion 625(3) described in section 625(9)(b) or (c), or a violation27of section 625(4) or (5) mayCOURT SHALL require 1 of the 02138'97 29 1 following with regard totheA vehicleused in the offense2 SUBJECT TO FORFEITURE UNDER THIS SECTION if the defendant owns 3 the vehicle in whole or in part or leases the vehicle: 4 (a) Forfeiture of the vehicle if the defendant owns the 5 vehicle in whole or in part. 6 (b) Return of the vehicle to the lessor if the defendant 7 leases the vehicle. 8 (2) The vehicle may be seized pursuant to an order of sei- 9 zure issued by the court having jurisdiction upon a showing of 10 probable cause that the vehicle is subject to forfeiture or 11 return to the lessor. 12 (3) The forfeiture of a vehicle is subject to the interest 13 of the holder of a security interest who did not have prior 14 knowledge of or consent to the violation. 15 (4)Within 3 days after the defendant's conviction for a16violation described in subsection (1), theTHE court shall 17 notify the defendant, his or her attorney, and the prosecuting 18 attorney if the courtintends to consider imposingIS REQUIRED 19 TO IMPOSE a sanction under this section. Within 3 days after 20 this notice, the prosecuting attorney shall give notice to all 21 owners of the vehicle and any person holding a security interest 22 in the vehicle thatthe court may requireforfeiture or return 23 of the vehicle IS REQUIRED. 24 (5) If a vehicle is seized before disposition of the crimi- 25 nal proceedings, a defendant who is an owner or lessee of the 26 vehicle may move the court having jurisdiction over the 27 proceedings to require the seizing agency to file a lien against 02138'97 30 1 the vehicle and to return the vehicle to the owner or lessee 2 pending disposition of the criminal proceedings. The court shall 3 hear the motion within 7 days after the motion is filed. If the 4 defendant establishes at the hearing that he or she holds the 5 legal title of the vehicle or that he or she has a leasehold 6 interest and that it is necessary for him or her or a member of 7 his or her family to use the vehicle pending the outcome of the 8 forfeiture action, the court may order the seizing agency to 9 return the vehicle to the owner or lessee. If the court orders 10 the return of the vehicle to the owner or lessee, the court shall 11 order the seizing agency to file a lien against the vehicle. 12 (6) Within 14 days after notice by the prosecuting attorney 13 is given under subsection (4), an owner, lessee, or holder of a 14 security interest may file a claim of interest in the vehicle. 15 Within 21 days after the expiration of the period for filing 16 claims, but before sentencing, the court shall hold a hearing to 17 determine the legitimacy of any claim, the extent of any 18 co-owner's equity interest, and the liability of the defendant to 19 any co-lessee. 20 (7) If a vehicle is forfeited under this section, the unit 21 of government that seized the vehicle shall sell the vehicle and 22 dispose of the proceeds in the following order of priority: 23 (a) Pay any outstanding security interest of a secured party 24 who did not have prior knowledge of or consent to the commission 25 of the violation. 02138'97 31 1 (b) Pay the equity interest of a co-owner who did not have 2 prior knowledge of or consent to the commission of the 3 violation. 4 (c) Satisfy any order of restitution entered in the prosecu- 5 tion for the violation. 6 (d) Pay the claim of each person who shows that he or she is 7 a victim of the violation to the extent that the claim is not 8 covered by an order of restitution. 9 (e) Pay any outstanding lien against the property that has 10 been imposed by a governmental unit. 11 (f) Pay the proper expenses of the proceedings for forfei- 12 ture and sale, including, but not limited to, expenses incurred 13 during the seizure process and expenses for maintaining custody 14 of the property, advertising, and court costs. 15 (g) The balance remaining after the payment of items (a) 16 through (f) shall be distributed by the court having jurisdiction 17 over the forfeiture proceedings to the unit or units of govern- 18 ment substantially involved in effecting the forfeiture. 19 Seventy-five percent of the money received by a unit of govern- 20 ment under this subdivision shall be used to enhance enforcement 21 of the criminal laws and 25% of the money shall be used to imple- 22 ment the crime victim's rights act,Act No. 87 of the Public23Acts of 1985, being sections 780.751 to 780.834 of the Michigan24Compiled Laws1985 PA 87, MCL 780.751 TO 780.834. A unit of 25 government receiving money under this subdivision shall report 26 annually to the department of management and budget the amount of 27 money received under this subdivision that was used to enhance 02138'97 32 1 enforcement of the criminal laws and the amount that was used to 2 implement the crime victim's rights act. 3 (8) The court may order the defendant to pay to a co-lessee 4 any liability determined under subsection (6). The order may be 5 enforced in the same manner as a civil judgment. 6 (9) The return of a vehicle to the lessor under this section 7 does not affect or impair the lessor's rights or the defendant's 8 obligations under the lease. 9 (10) A person who knowingly conceals, sells, gives away, or 10 otherwise transfers or disposes of a vehicle with the intent to 11 avoid forfeiture or return of the vehicle to the lessor under 12 this section is guilty of a felony punishable by imprisonment for 13 not more than 4 years or a fine of not more than $2,000.00, or 14 both. 15 SEC. 904C. (1) EXCEPT AS PROVIDED IN SUBSECTION (10), WHEN 16 A PEACE OFFICER DETAINS THE DRIVER OF A MOTOR VEHICLE FOR A VIO- 17 LATION OF THIS ACT OR A VIOLATION OF A LOCAL ORDINANCE SUBSTAN- 18 TIALLY CORRESPONDING TO A PROVISION OF THIS ACT AND DETERMINES 19 THE PERSON WAS OPERATING THE VEHICLE UPON A HIGHWAY OR OTHER 20 PLACE OPEN TO THE GENERAL PUBLIC OR GENERALLY ACCESSIBLE TO MOTOR 21 VEHICLES, INCLUDING AN AREA DESIGNATED FOR THE PARKING OF MOTOR 22 VEHICLES, WITHIN THIS STATE WHILE THE PERSON'S LICENSE WAS SUS- 23 PENDED, REVOKED, OR DENIED, THE PEACE OFFICER SHALL DO ALL OF THE 24 FOLLOWING: 25 (A) IMMEDIATELY CONFISCATE THE VEHICLE'S REGISTRATION 26 PLATE. 02138'97 33 1 (B) ISSUE A TEMPORARY VEHICLE REGISTRATION PLATE FOR THE 2 VEHICLE IN A FORM PRESCRIBED BY THE SECRETARY OF STATE. 3 (C) PLACE THE TEMPORARY VEHICLE REGISTRATION PLATE ON THE 4 VEHICLE IN THE MANNER REQUIRED BY THE SECRETARY OF STATE. 5 (D) NOTIFY THE SECRETARY OF STATE THROUGH THE LAW ENFORCE- 6 MENT INFORMATION NETWORK IN A FORM PRESCRIBED BY THE SECRETARY OF 7 STATE THAT THE REGISTRATION PLATE WAS CONFISCATED AND A TEMPORARY 8 PLATE WAS ISSUED. 9 (E) ISSUE THE PERSON A WRITTEN NOTICE TO APPEAR IN COURT 10 CONTAINING A WARNING THAT A FAILURE TO APPEAR IN COURT WILL 11 RESULT IN A RESTRICTED REGISTRATION PLATE, A VEHICLE IMMOBILIZA- 12 TION, OR A VEHICLE FORFEITURE. 13 (2) THE PROSECUTING ATTORNEY SHALL PROVIDE THE CONFISCATED 14 REGISTRATION PLATE TO THE COURT WHEN HE OR SHE FILES THE 15 COMPLAINT. 16 (3) A TEMPORARY VEHICLE REGISTRATION PLATE ISSUED UNDER THIS 17 SECTION IS VALID FOR 1 OF THE FOLLOWING TIME PERIODS: 18 (A) IF THE CASE IS NOT PROSECUTED, FOR 90 DAYS. THE PROSE- 19 CUTING ATTORNEY SHALL NOTIFY THE SECRETARY OF STATE IF A CASE 20 REFERRED TO THE PROSECUTING ATTORNEY IS NOT PROSECUTED. THE 21 ARRESTING LAW ENFORCEMENT AGENCY SHALL NOTIFY THE SECRETARY OF 22 STATE IF A CASE IS NOT REFERRED TO THE PROSECUTING ATTORNEY FOR 23 PROSECUTION. 24 (B) IF THE CASE IS PROSECUTED, UNTIL 5 DAYS AFTER THE CRIMI- 25 NAL CHARGES AGAINST THE PERSON ARE DISMISSED, THE PERSON PLEADS 26 GUILTY OR NOLO CONTENDERE TO OR IS FOUND GUILTY OF OR ACQUITTED 02138'97 34 1 OF THOSE CHARGES, OR THE PERSON'S VEHICLE REGISTRATION IS ORDERED 2 CANCELED BY THE COURT, WHICHEVER OCCURS EARLIEST. 3 (4) REGARDLESS OF WHETHER A PERSON APPEARS IN COURT IN 4 RESPONSE TO A NOTICE TO APPEAR PROPERLY SERVED UNDER 5 SUBSECTION (1), IF THE COURT FINDS THE PERSON WAS OPERATING THE 6 VEHICLE UPON A HIGHWAY OR OTHER PLACE OPEN TO THE GENERAL PUBLIC 7 OR GENERALLY ACCESSIBLE TO MOTOR VEHICLES, INCLUDING AN AREA DES- 8 IGNATED FOR THE PARKING OF MOTOR VEHICLES, WITHIN THIS STATE 9 WHILE THE PERSON'S LICENSE WAS SUSPENDED, REVOKED, OR DENIED, IN 10 ADDITION TO ANY OTHER PENALTIES UNDER THIS ACT, UPON A MOTION BY 11 THE PROSECUTING ATTORNEY OR, ABSENT A MOTION, ON THE INITIATIVE 12 OF THE COURT, THE COURT SHALL APPLY 1 OF THE FOLLOWING: 13 (A) FOR NO PRIOR OR 1 PRIOR SUSPENSION, REVOCATION, OR 14 DENIAL UNDER SECTION 904(2) OR (3) WITHIN THE PAST 7 YEARS, THE 15 COURT MAY ORDER 1 OF THE FOLLOWING: 16 (i) THE SECRETARY OF STATE TO ISSUE A RESTRICTED VEHICLE 17 REGISTRATION PLATE UNDER SECTION 904D FOR ALL VEHICLES OWNED OR 18 LEASED IN WHOLE OR IN PART OR SUBSEQUENTLY PURCHASED OR LEASED IN 19 WHOLE OR IN PART BY THAT PERSON AND TO CANCEL THE REGULAR REGIS- 20 TRATION PLATES. 21 (ii) ALL MOTOR VEHICLES OWNED OR LEASED IN WHOLE OR IN PART 22 BY THE DEFENDANT, IMMOBILIZED UNDER SECTION 904E AND ORDER THE 23 SECRETARY OF STATE TO CANCEL THE REGISTRATION PLATES. 24 (iii) THE OPERATION OF ALL VEHICLES OWNED OR LEASED IN WHOLE 25 OR IN PART OR SUBSEQUENTLY PURCHASED OR LEASED IN WHOLE OR IN 26 PART BY THE DEFENDANT RESTRICTED FROM HIS OR HER OPERATION BY 02138'97 35 1 USING ANY AVAILABLE TECHNOLOGY IN A MANNER THAT PROHIBITS THE 2 DEFENDANT FROM OPERATING THE VEHICLES. 3 (B) FOR 2 PRIOR SUSPENSIONS, REVOCATIONS, OR DENIALS UNDER 4 SECTION 904(2) OR (3) OR ANY COMBINATION OF 2 SUSPENSIONS, REVO- 5 CATIONS, OR DENIALS UNDER SECTION 904(2) OR (3) WITHIN THE PAST 7 6 YEARS, THE COURT SHALL ORDER 1 OF THE FOLLOWING: 7 (i) THE SECRETARY OF STATE TO ISSUE A RESTRICTED VEHICLE 8 REGISTRATION PLATE UNDER SECTION 904D FOR ALL VEHICLES OWNED OR 9 LEASED IN WHOLE OR IN PART OR SUBSEQUENTLY PURCHASED OR LEASED IN 10 WHOLE OR IN PART BY THAT PERSON AND TO CANCEL THE REGULAR REGIS- 11 TRATION PLATES. 12 (ii) ALL MOTOR VEHICLES OWNED OR LEASED IN WHOLE OR IN PART 13 BY THE DEFENDANT, IMMOBILIZED UNDER SECTION 904E AND ORDER THE 14 SECRETARY OF STATE TO CANCEL THE REGISTRATION PLATES. 15 (C) FOR 3 OR MORE PRIOR SUSPENSIONS, REVOCATIONS, OR DENIALS 16 UNDER SECTION 904(2) OR (3) OR ANY COMBINATION OF 3 OR MORE SUS- 17 PENSIONS, REVOCATIONS, OR DENIALS UNDER SECTION 904(2) AND (3) 18 WITHIN THE PAST 7 YEARS, THE COURT SHALL ORDER ALL VEHICLES IN 19 WHICH THE PERSON HAS AN INTEREST FORFEITED TO THE STATE IN THE 20 MANNER PROVIDED UNDER SECTION 625N AND ORDER THE SECRETARY OF 21 STATE TO CANCEL THE REGISTRATION PLATES OF THOSE VEHICLES. 22 (5) THE DEFENDANT SHALL PROVIDE THE COURT WITH THE VEHICLE 23 IDENTIFICATION NUMBER OF ALL VEHICLES OWNED OR LEASED IN WHOLE OR 24 IN PART BY THE DEFENDANT AND THE NAME, ADDRESS, AND ANY OTHER 25 INFORMATION THE COURT REQUIRES FOR EACH OWNER, LESSEE, OR LESSOR 26 OF ALL VEHICLES OWNED OR LEASED IN WHOLE OR IN PART BY THE 27 DEFENDANT. 02138'97 36 1 (6) THE COURT SHALL NOT ORDER A RESTRICTED REGISTRATION 2 PLATE OR A VEHICLE IMMOBILIZED UNDER THIS SECTION IF THE 3 DEFENDANT IS NOT AN OWNER OR LESSEE OF THE VEHICLE OPERATED 4 DURING THE VIOLATION AND THE OWNER OR LESSOR OF THE VEHICLE DID 5 NOT KNOWINGLY ALLOW THE PERSON TO COMMIT THE VIOLATION. 6 (7) AN ORDER ISSUED UNDER SUBSECTION (4) SHALL NOT BE 7 SUSPENDED. 8 (8) THIS SECTION DOES NOT APPLY TO A PERSON WHO OPERATES A 9 VEHICLE WITHOUT A VALID DRIVER'S LICENSE WHEN HIS OR HER LICENSE 10 IS SUSPENDED, REVOKED, OR DENIED FOR A VIOLATION OF THE SUPPORT 11 AND PARENTING TIME ENFORCEMENT ACT, 1982 PA 295, MCL 552.601 TO 12 552.650, OR ANY OF THE FOLLOWING VIOLATIONS UNDER THIS ACT OR A 13 VIOLATION OF A LOCAL ORDINANCE SUBSTANTIALLY CORRESPONDING TO A 14 PROVISION OF THIS ACT: 15 (A) A FIRST VIOLATION OF SECTION 904(1) WITHIN 7 YEARS FOR A 16 SUSPENSION IMPOSED FOR A VIOLATION OF SECTION 321A(1). 17 (B) A VIOLATION OF CHAPTER II. 18 (C) A VIOLATION OF CHAPTER V. 19 (D) FAILING TO CHANGE HIS OR HER ADDRESS. 20 (E) A PARKING VIOLATION. 21 (F) EXCEPT FOR A VIOLATION OF SECTION 33B(1) OR (2) OF THE 22 MICHIGAN LIQUOR CONTROL ACT, 1933 (EX SESS) PA 8, MCL 436.33B, 23 SECTION 624A OR 624B, OR A LOCAL ORDINANCE SUBSTANTIALLY CORRE- 24 SPONDING TO SECTION 33B(1) OR (2) OF THE MICHIGAN LIQUOR CONTROL 25 ACT, 1933 (EX SESS) PA 8, MCL 436.33B, OR SECTION 624A OR 624B, A 26 PEDESTRIAN, PASSENGER, OR BICYCLE VIOLATION. 02138'97 37 1 (G) A BAD CHECK VIOLATION. 2 (H) AN EQUIPMENT VIOLATION. 3 SEC. 904D. (1) THE VEHICLE REGISTRATION RECORDS OF THE SEC- 4 RETARY OF STATE SHALL DISCLOSE WHICH VEHICLES ARE ASSIGNED A TEM- 5 PORARY REGISTRATION PLATE UNDER SECTION 625A OR 904C, OR A 6 RESTRICTED REGISTRATION PLATE, OR ARE IMMOBILIZED UNDER THIS 7 ACT. 8 (2) IF ORDERED BY THE COURT, THE SECRETARY OF STATE MAY 9 ISSUE A RESTRICTED REGISTRATION PLATE FOR A VEHICLE AFTER THE 10 APPLICANT PAYS THE SECRETARY OF STATE A $125.00 SERVICE FEE, IN 11 ADDITION TO ANY OTHER APPLICABLE REGISTRATION FEES REQUIRED UNDER 12 THIS ACT. THE RESTRICTED REGISTRATION PLATE SHALL BE OF A MATE- 13 RIAL AND DESIGN SPECIFIED BY THE SECRETARY OF STATE, DISPLAYED IN 14 A MANNER SPECIFIED BY THE SECRETARY OF STATE, AND PROVIDED BY THE 15 SECRETARY OF STATE. THE SECRETARY OF STATE SHALL CONSULT WITH 16 THE DEPARTMENT OF STATE POLICE TO ENSURE THAT THE MATERIAL, 17 DESIGN, AND DISPLAY OF THE RESTRICTED REGISTRATION PLATE DOES NOT 18 COMPROMISE THE ABILITY OF LAW ENFORCEMENT AGENCIES TO ACCURATELY 19 IDENTIFY SPECIFIC VEHICLES. 20 (3) THE SECRETARY OF STATE SHALL ISSUE A TEMPORARY PERMIT TO 21 A PERSON WHO HAS SUBMITTED AN APPLICATION AND THE PROPER FEES FOR 22 A RESTRICTED REGISTRATION PLATE. THE TEMPORARY REGISTRATION 23 SHALL BE VALID FOR NOT MORE THAN 60 DAYS AFTER THE DATE OF 24 ISSUANCE. THE TEMPORARY PERMIT SHALL BE ISSUED WITHOUT A FEE. 25 (4) A RESTRICTED REGISTRATION PLATE SHALL BE ASSIGNED TO A 26 VEHICLE FOR ALL OF THE SUSPENSION, REVOCATION, OR DENIAL PERIOD 27 REMAINING WHEN THE PERSON VIOLATED SECTION 904 AS SHOWN ON THE 02138'97 38 1 PERSON'S MASTER DRIVING RECORD, IN ADDITION TO THE PERIOD OF THE 2 SUSPENSION, REVOCATION, OR DENIAL IMPOSED UNDER SECTION 904, OR 3 FOR THE PERIOD ORDERED BY THE COURT UNDER SECTION 625. 4 (5) IF THE SECTION 226 EXPIRATION DATE OF THE REGISTRATION 5 PLATE REPLACED BY THE RESTRICTED REGISTRATION PLATE IS WITHIN THE 6 PERIOD THAT THE RESTRICTED REGISTRATION PLATE IS ASSIGNED TO THE 7 VEHICLE, THE RESTRICTED REGISTRATION PLATE SHALL EXPIRE ON THE 8 EXPIRATION DATE PROVIDED FOR IN SECTION 226 BUT MAY BE RENEWED 9 UNDER SECTION 227. IF THE ASSIGNMENT OF THE RESTRICTED REGISTRA- 10 TION PLATE EXPIRES BEFORE THE EXPIRATION DATE PROVIDED IN 11 SECTION 226, AN APPLICATION FOR A DUPLICATE REGULAR REGISTRATION 12 PLATE FOR THE REMAINDER OF THE REGULAR REGISTRATION PERIOD MAY BE 13 MADE UNDER SECTION 804. 14 (6) THE OWNER OF A VEHICLE SHALL NOT OPERATE A VEHICLE UPON 15 WHICH A RESTRICTED REGISTRATION PLATE IS ORDERED TO BE PLACED OR 16 ALLOW ANOTHER PERSON TO OPERATE THAT VEHICLE UNLESS HE OR SHE 17 KNOWS OR HAS REASON TO KNOW THAT THE RESTRICTED REGISTRATION 18 PLATE IS PROPERLY PLACED ON THAT VEHICLE. 19 (7) THE OWNER OF A VEHICLE SHALL NOT ALLOW A PERSON HE OR 20 SHE KNOWS OR HAS REASON TO KNOW IS PROHIBITED BY THE ISSUANCE OF 21 A RESTRICTED REGISTRATION PLATE FROM OPERATING THAT VEHICLE TO 22 OPERATE THAT VEHICLE. 23 (8) A PERSON WHO KNOWS OR HAS REASON TO KNOW THAT HE OR SHE 24 IS PROHIBITED BY THE ISSUANCE OF A RESTRICTED REGISTRATION PLATE 25 FROM OPERATING THAT VEHICLE SHALL NOT OPERATE THAT VEHICLE. 02138'97 39 1 (9) A PERSON WHO VIOLATES SUBSECTION (6), (7), OR (8) IS 2 GUILTY OF A MISDEMEANOR PUNISHABLE BY IMPRISONMENT FOR NOT MORE 3 THAN 1 YEAR OR A FINE OF NOT MORE THAN $1,000.00, OR BOTH. 4 (10) THE SECRETARY OF STATE SHALL NOT ISSUE A NEW REGISTRA- 5 TION PLATE FOR A VEHICLE DURING THE PERIOD FOR WHICH A RESTRICTED 6 REGISTRATION PLATE IS ASSIGNED TO THAT VEHICLE. 7 (11) EACH SERVICE FEE COLLECTED UNDER THIS SECTION SHALL BE 8 DEPOSITED IN THE GENERAL FUND IN THE STATE TREASURY AND USED 9 FIRST TO DEFRAY THE SECRETARY OF STATE'S EXPENSE IN ADMINISTERING 10 THE RESTRICTED REGISTRATION PLATE, IMMOBILIZATION, AND FORFEITURE 11 PROGRAMS PROVIDED FOR UNDER THIS ACT. 12 SEC. 904E. (1) A COURT SHALL ORDER A VEHICLE IMMOBILIZED 13 UNDER SECTION 625 OR 904C BY THE INSTALLATION OF A DEVICE THAT 14 LOCKS THE IGNITION, WHEELS, OR STEERING OF THE VEHICLE IN A 15 MANNER THAT PROHIBITS ANY PERSON FROM OPERATING THE VEHICLE. IF 16 A VEHICLE IS IMMOBILIZED UNDER THIS SECTION, THE COURT MAY ORDER 17 THE VEHICLE STORED AT A LOCATION AND IN A MANNER CONSIDERED 18 APPROPRIATE BY THE COURT. THE COURT MAY ORDER THE PERSON CON- 19 VICTED OF VIOLATING SECTION 625 OR 904(1) TO PAY THE COST OF 20 IMMOBILIZING AND STORING THE VEHICLE. 21 (2) A VEHICLE SHALL BE IMMOBILIZED FOR ALL OF THE SUSPEN- 22 SION, REVOCATION, OR DENIAL PERIOD THAT REMAINS OF THE SUSPEN- 23 SION, REVOCATION, OR DENIAL PERIOD THAT THE PERSON VIOLATED WHEN 24 VIOLATING SECTION 904 AS SHOWN ON THE PERSON'S MASTER DRIVING 25 RECORD IN ADDITION TO THE PERIOD OF THE SUSPENSION, REVOCATION, 26 OR DENIAL IMPOSED UNDER SECTION 904, OR FOR THE PERIOD ORDERED BY 27 THE COURT UNDER SECTION 625. 02138'97 40 1 (3) A PERSON SHALL NOT REMOVE OR BYPASS OR ATTEMPT TO REMOVE 2 OR BYPASS A DEVICE THAT HE OR SHE KNOWS OR HAS REASON TO KNOW HAS 3 BEEN INSTALLED ON A VEHICLE BY COURT ORDER TO IMMOBILIZE THE 4 VEHICLE UNDER THIS SECTION. A PERSON WHO VIOLATES THIS SUBSEC- 5 TION IS GUILTY OF A MISDEMEANOR PUNISHABLE BY IMPRISONMENT FOR 6 NOT MORE THAN 1 YEAR OR A FINE OF NOT MORE THAN $1,000.00, OR 7 BOTH. 8 SEC. 904F. (1) IF A PERSON'S OPERATOR'S OR CHAUFFEUR'S 9 LICENSE IS SUSPENDED, REVOKED, OR DENIED AND DURING THAT PERIOD 10 OF SUSPENSION, REVOCATION, OR DENIAL THE SECRETARY OF STATE 11 RECEIVES 2 OR MORE CONVICTION ABSTRACTS INDICATING THE PERSON HAS 12 ON SEPARATE OCCASIONS CONTINUED TO OPERATE ANY MOTOR VEHICLE IN 13 VIOLATION OF SECTION 904, THE SECRETARY OF STATE MAY GIVE THE 14 PERSON WRITTEN NOTICE THAT THE SECRETARY OF STATE MAY DENY OR 15 REFUSE TO CONDUCT ANY TRANSACTION IN THAT PERSON'S NAME THAT 16 REQUIRES A MONETARY PAYMENT UNTIL THE SUSPENSION, REVOCATION, OR 17 DENIAL TERMINATES AND THE PERSON HAS PAID THE SECRETARY OF STATE 18 A $25.00 SERVICE FEE UNDER THIS SECTION, OR A COURT ORDERS 19 OTHERWISE. THE NOTICE SHALL BE SENT BY FIRST-CLASS MAIL TO THE 20 LAST KNOWN ADDRESS OF THE PERSON AS SHOWN BY THE RECORDS OF THE 21 SECRETARY OF STATE. 22 (2) THIS SECTION DOES NOT APPLY TO A PERSON FOUND OPERATING 23 A VEHICLE WITHOUT A VALID DRIVER'S LICENSE WHEN HIS OR HER 24 LICENSE IS SUSPENDED, REVOKED, OR DENIED FOR A VIOLATION OF THE 25 CHILD SUPPORT AND VISITATION ACT OR ANY OF THE FOLLOWING VIOLA- 26 TIONS UNDER THIS ACT OR A VIOLATION OF A LOCAL ORDINANCE 27 SUBSTANTIALLY CORRESPONDING TO A PROVISION OF THIS ACT: 02138'97 41 1 (A) A FIRST VIOLATION OF SECTION 904(1) WITHIN 7 YEARS FOR A 2 SUSPENSION IMPOSED FOR A VIOLATION OF SECTION 321A(1). 3 (B) A VIOLATION OF CHAPTER II. 4 (C) A VIOLATION OF CHAPTER V. 5 (D) FAILING TO CHANGE HIS OR HER ADDRESS. 6 (E) A PARKING VIOLATION. 7 (F) EXCEPT FOR A VIOLATION OF SECTION 33B(1) OR (2) OF THE 8 MICHIGAN LIQUOR CONTROL ACT, 1933 (EX SESS) PA 8, MCL 436.33B, 9 SECTION 624A OR 624B, OR A LOCAL ORDINANCE SUBSTANTIALLY CORRE- 10 SPONDING TO SECTION 33B(1) OR (2) OF THE MICHIGAN LIQUOR CONTROL 11 ACT, 1933 (EX SESS) PA 8, MCL 436.33B, OR SECTION 624A OR 624B, A 12 PEDESTRIAN, PASSENGER, OR BICYCLE VIOLATION. 13 (G) A BAD CHECK VIOLATION. 14 (H) AN EQUIPMENT VIOLATION. 15 (3) THE SERVICE FEE COLLECTED UNDER THIS SECTION SHALL BE 16 DEPOSITED IN THE GENERAL FUND OF THE STATE TREASURY AND USED 17 FIRST TO DEFRAY THE SECRETARY OF STATE'S EXPENSE IN ADMINISTERING 18 THIS SECTION. 19 SEC. 904G. (1) A COURT SHALL ORDER AN ENHANCED RESTRICTED 20 REGISTRATION PLATE, VEHICLE IMMOBILIZATION, OR VEHICLE FORFEITURE 21 PENALTY UNDER SECTION 625(7) OR (9) IF THE PERSON HAS 1 OR MORE 22 PRIOR SUSPENSIONS, REVOCATIONS, OR DENIALS UNDER SECTION 904(2) 23 OR (3) WITHIN THE PRECEDING 7 YEARS. 24 (2) A COURT SHALL ORDER AN ENHANCED RESTRICTED REGISTRATION 25 PLATE, VEHICLE IMMOBILIZATION, OR VEHICLE FORFEITURE PENALTY 26 UNDER SECTION 904C IF THE PERSON HAS 1 OR MORE PRIOR CONVICTIONS 27 UNDER SECTION 625 WITHIN THE PRECEDING 7 YEARS. 02138'97 42 1 (3) FOR THE RESTRICTED REGISTRATION PLATE, VEHICLE 2 IMMOBILIZATION, OR VEHICLE FORFEITURE ENHANCEMENT PURPOSE OF THIS 3 SECTION ONLY, UNDER SECTION 625, A PRIOR SUSPENSION, REVOCATION, 4 OR DENIAL UNDER SECTION 904 IS THE EQUIVALENT OF A PRIOR CONVIC- 5 TION UNDER SECTION 625. UNDER SECTION 904C, A PRIOR CONVICTION 6 UNDER SECTION 625 IS THE EQUIVALENT OF A PRIOR SUSPENSION, REVO- 7 CATION, OR DENIAL UNDER SECTION 904. 8 (4) 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 SECTION 625(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 MOTOR VEHICLE OR AN ATTEMPT TO COMMIT 1 18 OF THOSE CRIMES. 19 SEC. 915. THE FORFEITURE PROVISIONS OF THIS CHAPTER DO NOT 20 PRECLUDE THE PROSECUTING ATTORNEY FROM PURSUING A FORFEITURE PRO- 21 CEEDING UNDER ANY OTHER LAW OF THIS STATE. 22 Enacting section 1. This amendatory act does not take 23 effect unless all of the following bills of the 89th Legislature 24 are enacted into law: 25 (a) Senate Bill No. _____ or House Bill No. _____ (request 26 no. 02137'97). 02138'97 43 1 (b) Senate Bill No. _____ or House Bill No. _____ (request 2 no. 02139'97). 02138'97 Final page. TVD