HOUSE BILL No. 4295 February 23, 1999, Introduced by Reps. Sanborn, Wojno, DeHart, Patterson, Garcia, Hart, Kuipers, Jelinek, Koetje, Voorhees, Mans, Ehardt, Jamnick, Jansen and Scranton and referred to the Committee on Criminal Law and Corrections. A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 319 and 732 (MCL 257.319 and 257.732), sec- tion 319 as amended by 1998 PA 347 and section 732 as amended by 1998 PA 348. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 319. (1) The secretary of state shall immediately sus- 2 pend a person's license as provided in this section upon receiv- 3 ing a record of the person's conviction for a crime described in 4 this section, whether the conviction is under a law of this 5 state, a local ordinance substantially corresponding to a law of 6 this state, or a law of another state substantially corresponding 7 to a law of this state. 8 (2) The secretary of state shall suspend the person's 9 license for 1 year for any of the following crimes: 00244'99 a * DAM 2 1 (a) Fraudulently altering or forging documents pertaining to 2 motor vehicles in violation of section 257. 3 (b) A violation of section 413 of the Michigan penal code, 4 1931 PA 328, MCL 750.413. 5 (c) A violation of section 1 of 1931 PA 214, MCL 752.191. 6 (d) Failing to stop and disclose identity at the scene of an 7 accident resulting in death or serious injury in violation of 8 section 617. 9 (e) A felony in which a motor vehicle was used. As used in 10 this section, "felony in which a motor vehicle was used" means a 11 felony during the commission of which the person convicted oper- 12 ated a motor vehicle and while operating the vehicle presented 13 real or potential harm to persons or property and 1 or more of 14 the following circumstances existed: 15 (i) The vehicle was used as an instrument of the felony. 16 (ii) The vehicle was used to transport a victim of the 17 felony. 18 (iii) The vehicle was used to flee the scene of the felony. 19 (iv) The vehicle was necessary for the commission of the 20 felony. 21 (f) A violation of section 602a(2) or (3) of this act or 22 section 479a(2) or (3) of the Michigan penal code, 1931 PA 328, 23 MCL 750.479a. 24 (3) The secretary of state shall suspend the person's 25 license for 90 days for any of the following crimes: 26 (a) Failing to stop and disclose identity at the scene of an 27 accident resulting in injury in violation of section 617a. 00244'99 a * 3 1 (b) Reckless driving in violation of section 626. 2 (c) Malicious destruction resulting from the operation of a 3 vehicle under section 382(1)(b), (c), or (d) of the Michigan 4 penal code, 1931 PA 328, MCL 750.382. 5 (d) A violation described in section 367c of the Michigan 6 penal code, 1931 PA 328, MCL 750.367c. 7 (e) A violation of section 703(2) of the Michigan liquor 8 control code of 1998, 1998 PA 58, MCL 436.1703. 9 (4) The secretary of state shall suspend the person's 10 license for 30 days for malicious destruction resulting from the 11 operation of a vehicle under section 382(1)(a) of the Michigan 12 penal code, 1931 PA 328, MCL 750.382. 13 (5) For perjury or making a false certification to the sec- 14 retary of state under any law requiring the registration of a 15 motor vehicle or regulating the operation of a vehicle on a high- 16 way, the secretary shall suspend the person's license as 17 follows: 18 (a) If the person has no prior conviction for an offense 19 described in this subsection within 7 years, for 90 days. 20 (b) If the person has 1 or more prior convictions for an 21 offense described in this subsection within 7 years, for 1 year. 22 (6) For a violation of section 414 of the Michigan penal 23 code, 1931 PA 328, MCL 750.414, the secretary of state shall sus- 24 pend the person's license as follows: 25 (a) If the person has no prior conviction for that offense 26 within 7 years, for 90 days. 00244'99 a * 4 1 (b) If the person has 1 or more prior convictions for that 2 offense within 7 years, for 1 year. 3 (7) For a violation of section 624a or 624b of this act or 4 section 703(1) of the Michigan liquor control code of 1998, 1998 5 PA 58, MCL 436.1703, the secretary of state shall suspend the 6 person's license as follows: 7 (a) If the person has 1 prior conviction for an offense 8 described in this subsection or section 33b(1) of former 1933 (Ex 9 Sess) PA 8, for 90 days. The secretary of state may issue the 10 person a restricted license after the first 30 days of 11 suspension. 12 (b) If the person has 2 or more prior convictions for an 13 offense described in this subsection or section 33b(1) of former 14 1933 (Ex Sess) PA 8, for 1 year. The secretary of state may 15 issue the person a restricted license after the first 60 days of 16 suspension. 17 (8) The secretary of state shall suspend the person's 18 license for a violation of section 625 or 625m as follows: 19 (a) For 180 days for a violation of section 625(1) if the 20 person has no prior convictions within 7 years. The secretary of 21 state may issue the person a restricted license during all or a 22 specified portion of the suspension, except that the secretary of 23 state shall not issue a restricted license during the first 30 24 days of suspension. 25 (b) For 90 days for a violation of section 625(3) if the 26 person has no prior convictions within 7 years. However, if the 27 person is convicted of a violation of section 625(3), for 00244'99 a * 5 1 operating a vehicle when, due to the consumption of a controlled 2 substance or a combination of intoxicating liquor and a con- 3 trolled substance, the person's ability to operate the vehicle 4 was visibly impaired, the secretary of state shall suspend the 5 person's license under this subdivision for 180 days. The secre- 6 tary of state may issue the person a restricted license during 7 all or a specified portion of the suspension. 8 (c) For 30 days for a violation of section 625(6) if the 9 person has no prior convictions within 7 years. The secretary of 10 state may issue the person a restricted license during all or a 11 specified portion of the suspension. 12 (d) For 90 days for a violation of section 625(6) if the 13 person has 1 or more prior convictions within 7 years. 14 (e) For 180 days for a violation of section 625(7) if the 15 person has no prior convictions within 7 years. The secretary of 16 state may issue the person a restricted license after the first 17 90 days of suspension. 18 (f) For 90 days for a violation of section 625m if the 19 person has no prior convictions within 7 years. The secretary of 20 state may issue the person a restricted license during all or a 21 specified portion of the suspension. 22 (9) FOR A PERSON CONVICTED OF A VIOLATION OF SECTION 2(1) OF 23 THE YOUTH TOBACCO ACT, 1915 PA 31, MCL 722.642, WHO HAS 1 OR MORE 24 PRIOR CONVICTIONS FOR VIOLATION OF THAT SECTION, THE SECRETARY OF 25 STATE SHALL SUSPEND THE PERSON'S LICENSE AS FOLLOWS: 26 (A) IF THE PERSON HAS 1 PRIOR CONVICTION FOR A VIOLATION 27 DESCRIBED IN THIS SUBSECTION, FOR A PERIOD OF NOT LESS THAN 60 00244'99 a * 6 1 DAYS OR MORE THAN 90 DAYS, IF A SUSPENSION IS ORDERED BY THE 2 COURT AS PART OF THE SENTENCE. THE SECRETARY OF STATE SHALL 3 ISSUE THE PERSON A RESTRICTED LICENSE AFTER THE FIRST 30 DAYS OF 4 SUSPENSION IF ORDERED BY THE COURT AS PART OF THE SENTENCE. 5 (B) IF THE PERSON HAS 2 OR MORE PRIOR CONVICTIONS FOR A VIO- 6 LATION DESCRIBED IN THIS SUBSECTION, FOR A PERIOD OF NOT LESS 7 THAN 90 DAYS OR MORE THAN 180 DAYS AS ORDERED BY THE COURT AS 8 PART OF THE SENTENCE. THE SECRETARY OF STATE SHALL ISSUE THE 9 PERSON A RESTRICTED LICENSE AFTER THE FIRST 60 DAYS OF SUSPENSION 10 IF ORDERED BY THE COURT AS PART OF THE SENTENCE. 11 (10)(9)Except as provided in subsection(11)(12), a 12 suspension under this section shall be imposed notwithstanding a 13 court order. 14 (11)(10)If the secretary of state receives records of 15 more than 1 conviction of a person resulting from the same inci- 16 dent, a suspension shall be imposed only for the violation to 17 which the longest period of suspension applies under this 18 section. 19 (12)(11)The secretary of state may waive a suspension of 20 a person's license imposed under this act if the person submits 21 proof that a court in another state revoked, suspended, or 22 restricted his or her license for a period equal to or greater 23 than the period of a suspension prescribed under this act for the 24 violation and that the revocation, suspension, or restriction was 25 served for the violation, or may grant a restricted license. 26 (13)(12)The secretary of state shall not issue a 27 restricted license to a person whose license is suspended under 00244'99 a * 7 1 this section unless a restricted license is authorized under this 2 section and the person is otherwise eligible for a license. 3 (14)(13)The secretary of state shall not issue a 4 restricted license to a person under subsection (8) that would 5 permit the person to operate a commercial motor vehicle that 6 hauls hazardous material. 7 (15)(14)A restricted license issued under this section 8 shall permit the person to whom it is issued to drive under 1 or 9 more of the following circumstances: 10 (a) In the course of the person's employment or occupation. 11 (b) To and from any combination of the following: 12 (i) The person's residence. 13 (ii) The person's work location. 14 (iii) An alcohol or drug education or treatment program as 15 ordered by the court. 16 (iv) The court probation department. 17 (v) A court-ordered community service program. 18 (vi) An educational institution at which the person is 19 enrolled as a student. 20 (vii) A place of regularly occurring medical treatment for a 21 serious condition for the person or a member of the person's 22 household or immediate family. 23 (16)(15)While driving WITH A RESTRICTED LICENSE, the 24 person shall carry proof of his or her destination and the hours 25 of any employment, class, or other reason for traveling and shall 26 display that proof upon a peace officer's request. 00244'99 a * 8 1 (17)(16)Subject to subsection(18)(19), as used in 2 subsection (8), "prior conviction" means a conviction for any of 3 the following, whether under a law of this state, a local ordi- 4 nance substantially corresponding to a law of this state, or a 5 law of another state substantially corresponding to a law of this 6 state: 7 (a) Except as provided in subsection(17)(18), a viola- 8 tion or attempted violation of section 625(1), (3), (4), (5), 9 (6), or (7), section 625m, former section 625(1) or (2), or 10 former section 625b. 11 (b) Negligent homicide, manslaughter, or murder resulting 12 from the operation of a vehicle or an attempt to commit any of 13 those crimes. 14 (18)(17)Except for purposes of the suspensions described 15 in subsection (8)(c) and (d), only 1 violation or attempted vio- 16 lation of section 625(6), a local ordinance substantially corre- 17 sponding to section 625(6), or a law of another state substan- 18 tially corresponding to section 625(6) may be used as a prior 19 conviction. 20 (19)(18)If 2 or more convictions described in subsection 21(16)(17) are convictions for violations arising out of the 22 same transaction, only 1 conviction shall be used to determine 23 whether the person has a prior conviction. 24 Sec. 732. (1) Each municipal judge and each clerk of a 25 court of record shall keep a full record of every case in which a 26 person is charged with or cited for a violation of this act or a 27 local ordinance substantially corresponding to this act 00244'99 a * 9 1 regulating the operation of vehicles on highways. Except as 2 provided in subsection (15), the municipal judge or clerk of the 3 court of record shall prepare and forward to the secretary of 4 state an abstract of the court record as follows: 5 (a) Within 14 days after a conviction, forfeiture of bail, 6 or entry of a civil infraction determination or default judgment 7 upon a charge of or citation for violating or attempting to vio- 8 late this act or a local ordinance substantially corresponding to 9 this act regulating the operation of vehicles on highways. 10 (b) Immediately for each case charging a violation of 11 section 625(1), (3), (4), (5), (6), or (7) or section 625m or a 12 local ordinance substantially corresponding to section 625(1), 13 (3), or (6) or section 625m in which the charge is dismissed or 14 the defendant is acquitted. 15 (2) If a city or village department, bureau, or person is 16 authorized to accept a payment of money as a settlement for a 17 violation of a local ordinance substantially corresponding to 18 this act, the city or village department, bureau, or person shall 19 send a full report of each case in which a person pays any amount 20 of money to the city or village department, bureau, or person to 21 the secretary of state upon a form prescribed by the secretary of 22 state. 23 (3) The abstract or report required under this section shall 24 be made upon a form furnished by the secretary of state. An 25 abstract shall be certified by signature, stamp, or facsimile 26 signature of the person required to prepare the abstract as 00244'99 a * 10 1 correct. An abstract or report shall include all of the 2 following: 3 (a) The name, address, and date of birth of the person 4 charged or cited. 5 (b) The number of the person's operator's or chauffeur's 6 license, if any. 7 (c) The date and nature of the violation. 8 (d) The type of vehicle driven at the time of the violation 9 and, if the vehicle is a commercial motor vehicle,thatTHE 10 vehicle's group designation and indorsement classification. 11 (e) The date of the conviction, finding, forfeiture, judg- 12 ment, or civil infraction determination. 13 (f) Whether bail was forfeited. 14 (g) Any license restriction, suspension, or denial ordered 15 by the court as provided by law. 16 (h) The vehicle identification number and registration plate 17 number of all vehicles that are ordered immobilized or 18 forfeited. 19 (i) Other information considered necessary to the secretary 20 of state. 21 (4) The clerk of the court also shall forward an abstract of 22 the court record to the secretary of state upon a person's con- 23 viction involving any of the following: 24 (a) A violation of section 413, 414, or 479a of the Michigan 25 penal code, 1931 PA 328, MCL 750.413, 750.414, and 750.479a. 26 (b) A violation of section 1 of 1931 PA 214, MCL 752.191. 00244'99 a * 11 1 (c) Negligent homicide, manslaughter, or murder resulting 2 from the operation of a vehicle. 3 (d) A violation of section 703 of the Michigan liquor con- 4 trol code of 1998, 1998 PA 58, MCL 436.1703, or a local ordinance 5 substantially corresponding to that section. 6 (e)An attempt to violate, aA VIOLATION OF OR conspiracy 7 to violate, or a violation ofpart 74 or section 17766a of the 8 public health code, 1978 PA 368, MCL 333.7401 to 333.7461 and 9 333.17766a, or a local ordinance that prohibits conduct prohib- 10 ited under part 74 or section 17766a of the public health code, 11 1978 PA 368, MCL 333.7401 to 333.7461 and 333.17766a, unless the 12 convicted person is sentenced to life imprisonment or a minimum 13 term of imprisonment that exceeds 1 year for the offense. 14 (F) A VIOLATION OF SECTION 2(1) OF THE YOUTH TOBACCO ACT, 15 1915 PA 31, MCL 722.642(1). 16 (G)(f)An attempt to commit an offense described in sub- 17 divisions (a) to(d)(F). 18 (5) As used in subsections (6) to (8), "felony in which a 19 motor vehicle was used" means a felony during the commission of 20 which the person operated a motor vehicle and while operating the 21 vehicle presented real or potential harm to persons or property 22 and 1 or more of the following circumstances existed: 23 (a) The vehicle was used as an instrument of the felony. 24 (b) The vehicle was used to transport a victim of the 25 felony. 26 (c) The vehicle was used to flee the scene of the felony. 00244'99 a * 12 1 (d) The vehicle was necessary for the commission of the 2 felony. 3 (6) If a person is charged with a felony in which a motor 4 vehicle was used, other than a felony specified in subsection (4) 5 or section 319, the prosecuting attorney shall include the fol- 6 lowing statement on the complaint and information filed in dis- 7 trict or circuit court: 8 "You are charged with the commission of a felony in which a 9 motor vehicle was used. If you are convicted and the judge finds 10 that the conviction is for a felony in which a motor vehicle was 11 used, as defined in section 319 of the Michigan vehicle code, 12 1949 PA 300, MCL 257.319, your driver's license shall be sus- 13 pended by the secretary of state.". 14 (7) If a juvenile is accused of an act, the nature of which 15 constitutes a felony in which a motor vehicle was used, other 16 than a felony specified in subsection (4) or section 319, the 17 prosecuting attorney or family division of circuit court shall 18 include the following statement on the petition filed in the 19 court: 20 "You are accused of an act the nature of which constitutes a 21 felony in which a motor vehicle was used. If the accusation is 22 found to be true and the judge or referee finds that the nature 23 of the act constitutes a felony in which a motor vehicle was 24 used, as defined in section 319 of the Michigan vehicle code, 25 1949 PA 300, MCL 257.319, your driver's license shall be sus- 26 pended by the secretary of state.". 00244'99 a * 13 1 (8) If the court determines as part of the sentence or 2 disposition that the felony for which the person was convicted or 3 adjudicated and with respect to which notice was given under sub- 4 section (6) or (7) is a felony in which a motor vehicle was used, 5 the clerk of the court shall forward an abstract of the court 6 record of that conviction to the secretary of state. 7 (9) As used in subsections (10) and (11), "felony in which a 8 commercial motor vehicle was used" means a felony during the com- 9 mission of which the person operated a commercial motor vehicle 10 and while the person was operating the vehicle 1 or more of the 11 following circumstances existed: 12 (a) The vehicle was used as an instrument of the felony. 13 (b) The vehicle was used to transport a victim of the 14 felony. 15 (c) The vehicle was used to flee the scene of the felony. 16 (d) The vehicle was necessary for the commission of the 17 felony. 18 (10) If a person is charged with a felony in which a commer- 19 cial motor vehicle was used and for which a vehicle group desig- 20 nation on a license is subject to suspension or revocation under 21 section 319b(1)(c)(iii), 319b(1)(d), or319b(1)(e)(v) or (viii)22 319B(1)(E)(iii) OR (F)(i), the prosecuting attorney shall include 23 the following statement on the complaint and information filed in 24 district or circuit court: 25 "You are charged with the commission of a felony in which a 26 commercial motor vehicle was used. If you are convicted and the 27 judge finds that the conviction is for a felony in which a 00244'99 a * 14 1 commercial motor vehicle was used, as defined in section 319b of 2 the Michigan vehicle code, 1949 PA 300, MCL 257.319b, all vehicle 3 group designations on your driver's license shall be suspended or 4 revoked by the secretary of state.". 5 (11) If the judge determines as part of the sentence that 6 the felony for which the defendant was convicted and with respect 7 to which notice was given under subsection (10) is a felony in 8 which a commercial motor vehicle was used, the clerk of the court 9 shall forward an abstract of the court record of that conviction 10 to the secretary of state. 11 (12) Every person required to forward abstracts to the sec- 12 retary of state under this section shall certify for the period 13 from January 1 through June 30 and for the period from July 1 14 through December 31 that all abstracts required to be forwarded 15 during the period have been forwarded. The certification shall 16 be filed with the secretary of state not later than 28 days after 17 the end of the period covered by the certification. The certifi- 18 cation shall be made upon a form furnished by the secretary of 19 state and shall include all of the following: 20 (a) The name and title of the person required to forward 21 abstracts. 22 (b) The court for which the certification is filed. 23 (c) The time period covered by the certification. 24 (d) The following statement: 25 "I certify that all abstracts required by section 732 of the 26 Michigan vehicle code, MCL 257.732; MSA 9.2432, for the period 00244'99 a * 15 1 __________ through __________ have been forwarded to the 2 secretary of state.". 3 (e) Other information the secretary of state considers 4 necessary. 5 (f) The signature of the person required to forward 6 abstracts. 7 (13) The failure, refusal, or neglect of a person to comply 8 with this section constitutes misconduct in office and is grounds 9 for removal from office. 10 (14) Except as provided in subsection (15), the secretary of 11 state shall keep all abstracts received under this section at the 12 secretary of state's main office and the abstracts shall be open 13 for public inspection during the office's usual business hours. 14 Each abstract shall be entered upon the master driving record of 15 the person to whom it pertains. 16 (15) Except for controlled substance offenses described in 17 subsection (4), the court shall not submit, and the secretary of 18 state shall discard and not enter on the master driving record, 19 an abstract for a conviction or civil infraction determination 20 for any of the following violations: 21 (a) The parking or standing of a vehicle. 22 (b) A nonmoving violation that is not the basis for the sec- 23 retary of state's suspension, revocation, or denial of an 24 operator's or chauffeur's license. 25 (c) A violation of chapter II that is not the basis for the 26 secretary of state's suspension, revocation, or denial of an 27 operator's or chauffeur's license. 00244'99 a * 16 1 (d) A pedestrian, passenger, or bicycle violation, other 2 than a violation of section 703(1) or (2) of the Michigan liquor 3 control code of 1998, 1998 PA 58, MCL 436.1703, or a local ordi- 4 nance substantially corresponding to section 703(1) or (2) of the 5 Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1703, 6 or section 624a or 624b or a local ordinance substantially corre- 7 sponding to section 624a or 624b. 8 (e) A violation of section 710e or a local ordinance sub- 9 stantially corresponding to section 710e. 10 (16) The secretary of state shall discard and not enter on 11 the master driving record an abstract for a bond forfeiture that 12 occurred outside this state. However, the secretary of state 13 shall retain and enter on the master driving record an abstract 14 of an out-of-state bond forfeiture for an offense that occurred 15 after January 1, 1990 in connection with the operation of a com- 16 mercial motor vehicle. 17 (17) The secretary of state shall inform the courts of this 18 state of the nonmoving violations and violations of chapter II 19 that are used by the secretary of state as the basis for the sus- 20 pension, restriction, revocation, or denial of an operator's or 21 chauffeur's license. 22 (18) If a conviction or civil infraction determination is 23 reversed upon appeal, the person whose conviction or determina- 24 tion has been reversed may serve on the secretary of state a cer- 25 tified copy of the order of reversal. The secretary of state 26 shall enter the order in the proper book or index in connection 00244'99 a * 17 1 with the record of the conviction or civil infraction 2 determination. 3 (19) The secretary of state may permit a city or village 4 department, bureau, person, or court to modify the requirement as 5 to the time and manner of reporting a conviction, civil infrac- 6 tion determination, or settlement to the secretary of state if 7 the modification will increase the economy and efficiency of col- 8 lecting and utilizing the records. If the permitted abstract of 9 court record reporting a conviction, civil infraction determina- 10 tion, or settlement originates as a part of the written notice to 11 appear, authorized in section 728(1) or 742(1), the form of the 12 written notice and report shall be as prescribed by the secretary 13 of state. 14 (20) Except as provided in this act and notwithstanding any 15 other provision of law, a court shall not order expunction of any 16 violation reportable to the secretary of state under this 17 section. 18 Enacting section 1. This amendatory act takes effect 19 October 1, 1999. 20 Enacting section 2. This amendatory act does not take 21 effect unless Senate Bill No. _____ or House Bill No. _____ 22 (request no. 00244'99 *) of the 90th Legislature is enacted into 23 law. 00244'99 a * Final page. DAM