HOUSE BILL No. 4617 May 4, 1999, Introduced by Reps. Richardville, Julian, Spade, Patterson, Faunce, DeHart, Voorhees, DeRossett, Mortimer, Rocca, Kuipers, Caul, Toy, Woronchak, DeVuyst, Byl, Garcia, DeWeese, Gosselin, Hager, Kowall, Tabor, Howell, Bovin 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, 319b, 625, 625a, 625i, 625n, and 904d (MCL 257.319, 257.319b, 257.625, 257.625a, 257.625i, 257.625n, and 257.904d), section 319 as amended by 1998 PA 347, section 319b as amended by 1998 PA 356, section 625 as amended by 1998 PA 350, section 625a as amended by 1998 PA 351, section 625i as amended by 1998 PA 354, section 625n as amended by 1998 PA 349, and section 904d as added by 1998 PA 358. 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 00781'99 JOJ 2 1 this state, or a law of another state substantially corresponding 2 to a law of this state. 3 (2) The secretary of state shall suspend the person's 4 license for 1 year for any of the following crimes: 5 (a) Fraudulently altering or forging documents pertaining to 6 motor vehicles in violation of section 257. 7 (b) A violation of section 413 of the Michigan penal code, 8 1931 PA 328, MCL 750.413. 9 (c) A violation of section 1 of 1931 PA 214, MCL 752.191. 10 (d) Failing to stop and disclose identity at the scene of an 11 accident resulting in death or serious injury in violation of 12 section 617. 13 (e) A felony in which a motor vehicle was used. As used in 14 this section, "felony in which a motor vehicle was used" means a 15 felony during the commission of which the person convicted oper- 16 ated a motor vehicle and while operating the vehicle presented 17 real or potential harm to persons or property and 1 or more of 18 the following circumstances 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 (f) A violation of section 602a(2) or (3) of this act or 26 section 479a(2) or (3) of the Michigan penal code, 1931 PA 328, 27 MCL 750.479a. 00781'99 3 1 (3) The secretary of state shall suspend the person's 2 license for 90 days for any of the following crimes: 3 (a) Failing to stop and disclose identity at the scene of an 4 accident resulting in injury in violation of section 617a. 5 (b) Reckless driving in violation of section 626. 6 (c) Malicious destruction resulting from the operation of a 7 vehicle under section 382(1)(b), (c), or (d) of the Michigan 8 penal code, 1931 PA 328, MCL 750.382. 9 (d) A violation described in section 367c of the Michigan 10 penal code, 1931 PA 328, MCL 750.367c. 11 (e) A violation of section 703(2) of the Michigan liquor 12 control code of 1998, 1998 PA 58, MCL 436.1703. 13 (4) The secretary of state shall suspend the person's 14 license for 30 days for malicious destruction resulting from the 15 operation of a vehicle under section 382(1)(a) of the Michigan 16 penal code, 1931 PA 328, MCL 750.382. 17 (5) For perjury or making a false certification to the sec- 18 retary of state under any law requiring the registration of a 19 motor vehicle or regulating the operation of a vehicle on a high- 20 way, the secretary shall suspend the person's license as 21 follows: 22 (a) If the person has no prior conviction for an offense 23 described in this subsection within 7 years, for 90 days. 24 (b) If the person has 1 or more prior convictions for an 25 offense described in this subsection within 7 years, for 1 year. 00781'99 4 1 (6) For a violation of section 414 of the Michigan penal 2 code, 1931 PA 328, MCL 750.414, the secretary of state shall 3 suspend the person's license as follows: 4 (a) If the person has no prior conviction for that offense 5 within 7 years, for 90 days. 6 (b) If the person has 1 or more prior convictions for that 7 offense within 7 years, for 1 year. 8 (7) For a violation of section 624a or 624b of this act or 9 section 703(1) of the Michigan liquor control code of 1998, 1998 10 PA 58, MCL 436.1703, the secretary of state shall suspend the 11 person's license as follows: 12 (a) If the person has 1 prior conviction for an offense 13 described in this subsection or section 33b(1) of former 1933 (Ex 14 Sess) PA 8, for 90 days. The secretary of state may issue the 15 person a restricted license after the first 30 days of 16 suspension. 17 (b) If the person has 2 or more prior convictions for an 18 offense described in this subsection or section 33b(1) of former 19 1933 (Ex Sess) PA 8, for 1 year. The secretary of state may 20 issue the person a restricted license after the first 60 days of 21 suspension. 22 (8) The secretary of state shall suspend the person's 23 license for a violation of section 625 or 625m as follows: 24 (a) For 180 days for a violation of section625(1)25 625(1)(A) OR (B) if the person has no prior convictions within 7 26 years. The secretary of state may issue the person a restricted 27 license during all or a specified portion of the suspension, 00781'99 5 1 except that the secretary of state shall not issue a restricted 2 license during the first 30 days of suspension. 3 (B) FOR 1 YEAR FOR A VIOLATION OF SECTION 625(1)(C) IF THE 4 PERSON HAS NO PRIOR CONVICTIONS WITHIN 7 YEARS. THE SECRETARY OF 5 STATE MAY ISSUE THE PERSON A RESTRICTED LICENSE DURING ALL OR A 6 SPECIFIED PORTION OF THE SUSPENSION, EXCEPT THAT THE SECRETARY OF 7 STATE SHALL NOT ISSUE A RESTRICTED LICENSE DURING THE FIRST 90 8 DAYS OF SUSPENSION. 9 (C)(b)For 90 days for a violation of section 625(3) if 10 the person has no prior convictions within 7 years. However, if 11 the person is convicted of a violation of section 625(3), for 12 operating a vehicle when, due to the consumption of a controlled 13 substance or a combination of intoxicating liquor and a con- 14 trolled substance, the person's ability to operate the vehicle 15 was visibly impaired, the secretary of state shall suspend the 16 person's license under this subdivision for 180 days. The secre- 17 tary of state may issue the person a restricted license during 18 all or a specified portion of the suspension. 19 (D)(c)For 30 days for a violation of section 625(6) if 20 the person has no prior convictions within 7 years. The secre- 21 tary of state may issue the person a restricted license during 22 all or a specified portion of the suspension. 23 (E)(d)For 90 days for a violation of section 625(6) if 24 the person has 1 or more prior convictions within 7 years. 25 (F)(e)For 180 days for a violation of section 625(7) if 26 the person has no prior convictions within 7 years. The 00781'99 6 1 secretary of state may issue the person a restricted license 2 after the first 90 days of suspension. 3 (G)(f)For 90 days for a violation of section 625m if the 4 person has no prior convictions within 7 years. The secretary of 5 state may issue the person a restricted license during all or a 6 specified portion of the suspension. 7 (9) Except as provided in subsection (11), a suspension 8 under this section shall be imposed notwithstanding a court 9 order. 10 (10) If the secretary of state receives records of more than 11 1 conviction of a person resulting from the same incident, a sus- 12 pension shall be imposed only for the violation to which the 13 longest period of suspension applies under this section. 14 (11) The secretary of state may waive a suspension of a 15 person's license imposed under this act if the person submits 16 proof that a court in another state revoked, suspended, or 17 restricted his or her license for a period equal to or greater 18 than the period of a suspension prescribed under this act for the 19 violation and that the revocation, suspension, or restriction was 20 served for the violation, or may grant a restricted license. 21 (12) The secretary of state shall not issue a restricted 22 license to a person whose license is suspended under this section 23 unless a restricted license is authorized under this section and 24 the person is otherwise eligible for a license. 25 (13) The secretary of state shall not issue a restricted 26 license to a person under subsection (8) that would permit the 00781'99 7 1 person to operate a commercial motor vehicle that hauls hazardous 2 material. 3 (14) A restricted license issued under this section shall 4 permit the person to whom it is issued to drive under 1 or more 5 of the following circumstances: 6 (a) In the course of the person's employment or occupation. 7 (b) To and from any combination of the following: 8 (i) The person's residence. 9 (ii) The person's work location. 10 (iii) An alcohol or drug education or treatment program as 11 ordered by the court. 12 (iv) The court probation department. 13 (v) A court-ordered community service program. 14 (vi) An educational institution at which the person is 15 enrolled as a student. 16 (vii) A place of regularly occurring medical treatment for a 17 serious condition for the person or a member of the person's 18 household or immediate family. 19 (15) While driving, the person shall carry proof of his or 20 her destination and the hours of any employment, class, or other 21 reason for traveling and shall display that proof upon a peace 22 officer's request. 23 (16) Subject to subsection (18), as used in subsection (8), 24 "prior conviction" means a conviction for any of the following, 25 whether under a law of this state, a local ordinance substan- 26 tially corresponding to a law of this state, or a law of another 27 state substantially corresponding to a law of this state: 00781'99 8 1 (a) Except as provided in subsection (17), a violation or 2 attempted violation of section 625(1), (3), (4), (5), (6), or 3 (7), section 625m, former section 625(1) or (2), or former sec- 4 tion 625b. 5 (b) Negligent homicide, manslaughter, or murder resulting 6 from the operation of a vehicle or an attempt to commit any of 7 those crimes. 8 (17) Except for purposes of the suspensions described in 9 subsection (8)(c) and (d), only 1 violation or attempted viola- 10 tion of section 625(6), a local ordinance substantially corre- 11 sponding to section 625(6), or a law of another state substan- 12 tially corresponding to section 625(6) may be used as a prior 13 conviction. 14 (18) If 2 or more convictions described in subsection (16) 15 are convictions for violations arising out of the same transac- 16 tion, only 1 conviction shall be used to determine whether the 17 person has a prior conviction. 18 Sec. 319b. (1) The secretary of state shall immediately 19 suspend or revoke, as applicable, all vehicle group designations 20 on the operator's or chauffeur's license of a person upon receiv- 21 ing notice of a conviction, bond forfeiture, or civil infraction 22 determination of the person, or notice that a court or adminis- 23 trative tribunal has found the person responsible, for a viola- 24 tion described in this subsection of a law of this state, a local 25 ordinance substantially corresponding to a law of this state, or 26 a law of another state substantially corresponding to a law of 27 this state, or notice that the person has refused to submit to a 00781'99 9 1 chemical test of his or her blood, breath, or urine for the 2 purpose of determining the amount of alcohol or presence of a 3 controlled substance or both in the person's blood, breath, or 4 urine while the person was operating a commercial motor vehicle 5 as required by a law or local ordinance of this or another 6 state. The period of suspension or revocation is as follows: 7 (a) Suspension for 60 days if the licensee is convicted of 8 or found responsible for 2 serious traffic violations while oper- 9 ating a commercial motor vehicle arising from separate incidents 10 within 36 months. 11 (b) Suspension for 120 days if the licensee is convicted of 12 or found responsible for 3 serious traffic violations while oper- 13 ating a commercial motor vehicle arising from separate incidents 14 within 36 months. 15 (c) Suspension for 1 year if the licensee is convicted of or 16 found responsible for 1 of the following: 17 (i) A violation of section625(1)625(1)(A) OR (B), (3), 18 (4), (5), (6), or (7), section 625m,orformer section 625(1) 19 or (2), or former section 625b,or a local ordinance substan-20tially corresponding to section 625(1) or (3), section 625m, or21former section 625(1) or (2), or former section 625b, or a law of22another state substantially corresponding to section 625(1), (3),23(4), (5), (6), or (7), section 625m, or former section 625(1) or24(2), or former section 625b,while operating a commercial motor 25 vehicle. 26 (ii) Leaving the scene of an accident involving a commercial 27 motor vehicle operated by the licensee. 00781'99 10 1 (iii) A felony in which a commercial motor vehicle was 2 used. 3 (iv) A refusal of a peace officer's request to submit to a 4 chemical test of his or her blood, breath, or urine to determine 5 the amount of alcohol or presence of a controlled substance or 6 both in his or her blood, breath, or urine while he or she was 7 operating a commercial motor vehicle as required by a law or 8 local ordinance of this state or another state. 9 (v) A 6-point violation as provided in section 320a while 10 operating a commercial motor vehicle. 11 (d) Suspension for 3 years if the licensee is convicted of 12 or found responsible foran1 OF THE FOLLOWING: 13 (i) AN offense enumerated in subdivision (c)(i) to (v) in 14 which a commercial motor vehicle was used if the vehicle was car- 15 rying hazardous material required to have a placard pursuant to 16 49 C.F.R. parts 100 to 199. 17 (ii) A VIOLATION OF SECTION 625(1)(C), WHILE OPERATING A 18 COMMERCIAL MOTOR VEHICLE. 19 (e) Revocation for not less than 10 years and until the 20 person is approved for the issuance of a vehicle group designa- 21 tion if a licensee is convicted of or found responsible for 1 of 22 the following: 23 (i) Any combination of 2 violations arising from 2 or more 24 separate incidents under section 625(1), (3), (4), (5), (6), or 25 (7), section 625m,orformer section 625(1) or (2), or former 26 section 625b,a local ordinance substantially corresponding to27section 625(1) or (3), section 625m, or former section 625(1) or00781'99 11 1(2), or former section 625b, or a law of another state2substantially corresponding to section 625(1), (3), (4), (5),3(6), or (7), section 625m, or former section 625(1) or (2), or4former section 625bwhile driving a commercial motor vehicle. 5 (ii) Two violations of leaving the scene of an accident 6 involving a commercial motor vehicle operated by the licensee. 7 (iii) Two violations of a felony in which a commercial motor 8 vehicle was used. 9 (iv) Two refusals of a request of a police officer to submit 10 to a chemical test of his or her blood, breath, or urine for the 11 purpose of determining the amount of alcohol or presence of a 12 controlled substance or both in his or her blood while he or she 13 was operating a commercial motor vehicle in this state or another 14 state, which refusals occurred in separate incidents. 15 (v) Two 6-point violations as provided in section 320a while 16 operating a commercial motor vehicle. 17 (vi) Two violations, in any combination, of the offenses 18 enumerated under subparagraph (i), (ii), (iii), (iv), or (v) 19 arising from 2 or more separate incidents. 20 (f) Revocation for life if a licensee is convicted of or 21 found responsible for any of the following: 22 (i) One violation of a felony in which a commercial motor 23 vehicle was used and that involved the manufacture, distribution, 24 or dispensing of a controlled substance or possession with intent 25 to manufacture, distribute, or dispense a controlled substance. 00781'99 12 1 (ii) A conviction of any offense described in 2 subdivision (c) or (d) after having been approved for the 3 issuance of a vehicle group designation under subdivision (e). 4 (2) The secretary of state shall immediately suspend all 5 vehicle group designations on the operator's or chauffeur's 6 license of a person upon receiving notice of a conviction, bond 7 forfeiture, or civil infraction determination of the person, or 8 notice that a court or administrative tribunal has found the 9 person responsible, for a violation of section 319d(4) or 319f, a 10 local ordinance substantially corresponding to section 319d(4) or 11 319f, or a law or local ordinance of another state, the United 12 States, Canada, Mexico, or a local jurisdiction of either of 13 these countries substantially corresponding to section 319d(4) or 14 319f, while operating a commercial motor vehicle as defined in 15 section 7a. The period of suspension or revocation is as 16 follows: 17 (a) Suspension for 90 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. 20 (b) Suspension for 180 days if the licensee is convicted of 21 or found responsible for a violation of section 319d(4) or 319f 22 while operating a commercial motor vehicle that is either carry- 23 ing hazardous material required to have a placard pursuant to 49 24 C.F.R. parts 100 to 199 or designed to carry 16 or more passen- 25 gers, including the driver. 26 (c) Suspension for 1 year if the licensee is convicted of or 27 found responsible for 2 violations, in any combination, of 00781'99 13 1 section 319d(4) or 319f while operating a commercial motor 2 vehicle arising from 2 or more separate incidents during a 3 10-year period. 4 (d) Suspension for 3 years if the licensee is convicted of 5 or found responsible for 3 or more violations, in any combina- 6 tion, of section 319d(4) or 319f while operating a commercial 7 motor vehicle arising from 3 or more separate incidents during a 8 10-year period. 9 (e) Suspension for 3 years if the licensee is convicted of 10 or found responsible for 2 or more violations, in any combina- 11 tion, of section 319d(4) or 319f while operating a commercial 12 motor vehicle carrying hazardous material required to have a 13 placard pursuant to 49 C.F.R. parts 100 to 199, or designed to 14 carry 16 or more passengers, including the driver, arising from 2 15 or more separate incidents during a 10-year period. 16 (3) As used in this section: 17 (a) "Felony in which a commercial motor vehicle was used" 18 means a felony during the commission of which the person con- 19 victed operated a commercial motor vehicle and while the person 20 was operating the vehicle 1 or more of the following circum- 21 stances existed: 22 (i) The vehicle was used as an instrument of the felony. 23 (ii) The vehicle was used to transport a victim of the 24 felony. 25 (iii) The vehicle was used to flee the scene of the felony. 26 (iv) The vehicle was necessary for the commission of the 27 felony. 00781'99 14 1 (b) "Serious traffic violation" means a traffic violation 2 that occurs in connection with an accident in which a person 3 died, careless driving, excessive speeding as defined in the fed- 4 eral administrative regulations promulgated to implement the com- 5 mercial motor vehicle safety act of 1986, title XII of Public Law 6 99-570, 100 Stat. 3207-170, improper lane use, following too 7 closely, or any other serious traffic violation as defined in 49 8 C.F.R. 383.5 or as prescribed under this act. 9 (4) For the purpose of this section only, a bond forfeiture 10 or a determination by a court of original jurisdiction or an 11 authorized administrative tribunal that a person has violated the 12 law is considered a conviction. 13 (5) The secretary of state shall suspend or revoke a vehicle 14 group designation under subsection (1) notwithstanding a suspen- 15 sion, restriction, revocation, or denial of an operator's or 16 chauffeur's license or vehicle group designation under another 17 section of this act or a court order issued under another section 18 of this act or a local ordinance substantially corresponding to 19 another section of this act. 20 (6) When determining the applicability of conditions listed 21 in this section, the secretary of state shall only consider vio- 22 lations that occurred after January 1, 1990. 23 Sec. 625. (1) A person, whether licensed or not, shall not 24 operate a vehicle upon a highway or other place open to the gen- 25 eral public or generally accessible to motor vehicles, including 26 an area designated for the parking of vehicles, within this state 27 if either of the following applies: 00781'99 15 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 BUT LESS THAN 0.20 GRAMS per 100 milliliters of blood, per 210 6 liters of breath, or per 67 milliliters of urine. 7 (C) THE PERSON HAS AN ALCOHOL CONTENT OF 0.20 GRAMS OR MORE 8 PER 100 MILLILITERS OF BLOOD, PER 210 LITERS OF BREATH, OR PER 67 9 MILLILITERS OF URINE. 10 (2) The owner of a vehicle or a person in charge or in con- 11 trol of a vehicle shall not authorize or knowingly permit the 12 vehicle to be operated upon a highway or other place open to the 13 general public or generally accessible to motor vehicles, includ- 14 ing an area designated for the parking of motor vehicles, within 15 this state by a person who is under the influence of intoxicating 16 liquor, a controlled substance, or a combination of intoxicating 17 liquor and a controlled substance or who has an alcohol content 18 of 0.10 grams or more per 100 milliliters of blood, per 210 19 liters of breath, or per 67 milliliters of urine. 20 (3) A person, whether licensed or not, shall not operate a 21 vehicle upon a highway or other place open to the general public 22 or generally accessible to motor vehicles, including an area des- 23 ignated for the parking of vehicles, within this state when, due 24 to the consumption of intoxicating liquor, a controlled sub- 25 stance, or a combination of intoxicating liquor and a controlled 26 substance, the person's ability to operate the vehicle is visibly 00781'99 16 1 impaired. If a person is charged with violating subsection (1), 2 a finding of guilty under this subsection may be rendered. 3 (4) A person, whether licensed or not, who operates a motor 4 vehicle in violation of subsection (1) or (3) and by the opera- 5 tion of that motor vehicle causes the death of another person is 6 guilty of a felony punishable by imprisonment for not more than 7 15 years or a fine of not less than $2,500.00 or more than 8 $10,000.00, or both. The judgment of sentence may impose the 9 sanction permitted under section 625n or 904d. If the violation 10 occurs within 7 years of a prior conviction or within 10 years of 11 2 or more prior convictions, the court shall, unless the vehicle 12 is ordered forfeited under section 625n, order vehicle immobili- 13 zation under section 904d in the judgment of sentence. 14 (5) A person, whether licensed or not, who operates a motor 15 vehicle in violation of subsection (1) or (3) and by the opera- 16 tion of that motor vehicle causes a serious impairment of a body 17 function of another person is guilty of a felony punishable by 18 imprisonment for not more than 5 years or a fine of not less than 19 $1,000.00 or more than $5,000.00, or both. The judgment of sen- 20 tence may impose the sanction permitted under section 625n or 21 904d. If the violation occurs within 7 years of a prior convic- 22 tion or within 10 years of 2 or more prior convictions, the court 23 shall, unless the vehicle is ordered forfeited under section 24 625n, order vehicle immobilization under section 904d in the 25 judgment of sentence. As used in this subsection, "serious 26 impairment of a body function" includes, but is not limited to, 1 27 or more of the following: 00781'99 17 1 (a) Loss of a limb or use of a limb. 2 (b) Loss of a hand, foot, finger, or thumb or use of a hand, 3 foot, finger, or thumb. 4 (c) Loss of an eye or ear or use of an eye or ear. 5 (d) Loss or substantial impairment of a bodily function. 6 (e) Serious visible disfigurement. 7 (f) A comatose state that lasts for more than 3 days. 8 (g) Measurable brain damage or mental impairment. 9 (h) A skull fracture or other serious bone fracture. 10 (i) Subdural hemorrhage or subdural hematoma. 11 (6) A person who is less than 21 years of age, whether 12 licensed or not, shall not operate a vehicle upon a highway or 13 other place open to the general public or generally accessible to 14 motor vehicles, including an area designated for the parking of 15 vehicles, within this state if the person has any bodily alcohol 16 content. As used in this subsection, "any bodily alcohol 17 content" means either of the following: 18 (a) An alcohol content of not less than 0.02 grams or more 19 than 0.07 grams per 100 milliliters of blood, per 210 liters of 20 breath, or per 67 milliliters of urine. 21 (b) Any presence of alcohol within a person's body resulting 22 from the consumption of intoxicating liquor, other than consump- 23 tion of intoxicating liquor as a part of a generally recognized 24 religious service or ceremony. 25 (7) A person who operates a vehicle in violation of subsec- 26 tion (1), (3), (4), (5), or (6) while another person who is less 27 than 16 years of age is occupying the vehicle is guilty of a 00781'99 18 1 misdemeanor punishable by imprisonment for not more than 1 year 2 or a fine of not more than $1,000.00, or both. The judgment of 3 sentence may impose the sanction permitted under section 625n. 4 If the violation occurs within 7 years of a prior conviction or 5 within 10 years of 2 or more prior convictions, the court shall, 6 unless the vehicle is ordered forfeited under section 625n, order 7 vehicle immobilization under section 904d in the judgment of 8 sentence. This section does not prohibit a person from being 9 charged with, convicted of, or punished for a violation of sub- 10 section (1), (3), (4), (5), or (6) that is committed by the 11 person while violating this subsection. However, points shall 12 not be assessed under section 320a for both a violation of sub- 13 section (1), (3), (4), (5), or (6) and a violation of this sub- 14 section for conduct arising out of the same transaction. 15 (8) If a person is convicted of violating subsection (1), 16 all of the following apply: 17 (a) Except as otherwise provided in subdivisions (b) and 18 (c),theA person WHO VIOLATES SUBSECTION (1)(A) OR (B) is 19 guilty of a misdemeanor punishable by 1 or more of the 20 following: 21 (i) Community service for not more than 45 days. 22 (ii) Imprisonment for not more than 93 days. 23 (iii) A fine of not less than $100.00 or more than $500.00. 24 (b) If the violation occurs within 7 years of a prior con- 25 viction, the person shall be sentenced to pay a fine of not less 26 than $200.00 or more than $1,000.00 and 1 or more of the 27 following: 00781'99 19 1 (i) Imprisonment for not less than 5 days or more than 1 2 year. Not less than 48 hours of the term of imprisonment imposed 3 under this subparagraph shall be served consecutively. 4 (ii) Community service for not less than 30 days or more 5 than 90 days. 6 (c) If the violation occurs within 10 years of 2 or more 7 prior convictions, the person is guilty of a felony and shall be 8 sentenced to pay a fine of not less than $500.00 or more than 9 $5,000.00 and to either of the following: 10 (i) Imprisonment under the jurisdiction of the department of 11 corrections for not less than 1 year or more than 5 years. 12 (ii) Probation with imprisonment in the county jail for not 13 less than 30 days or more than 1 year and community service for 14 not less than 60 days or more than 180 days. Not less than 48 15 hours of the imprisonment imposed under this subparagraph shall 16 be served consecutively. 17 (D) EXCEPT AS OTHERWISE PROVIDED IN SUBDIVISIONS (E) AND 18 (F), A PERSON WHO VIOLATES SUBSECTION (1)(C) IS GUILTY OF A MIS- 19 DEMEANOR PUNISHABLE BY 1 OR MORE OF THE FOLLOWING: 20 (i) COMMUNITY SERVICE FOR NOT MORE THAN 90 DAYS. 21 (ii) IMPRISONMENT FOR NOT MORE THAN 180 DAYS. 22 (iii) A FINE OF NOT LESS THAN $200.00 OR MORE THAN 23 $1,000.00. 24 (E) IF THE VIOLATION OCCURS WITHIN 7 YEARS OF A PRIOR CON- 25 VICTION, THE PERSON IS GUILTY OF A FELONY AND SHALL BE SENTENCED 26 TO PAY A FINE OF NOT LESS THAN $400.00 OR MORE THAN $2,000.00 AND 27 1 OR MORE OF THE FOLLOWING: 00781'99 20 1 (i) IMPRISONMENT FOR NOT LESS THAN 2 YEARS. 2 (ii) COMMUNITY SERVICE FOR NOT LESS THAN 60 DAYS OR MORE 3 THAN 180 DAYS. 4 (F) IF THE VIOLATION OCCURS WITHIN 10 YEARS OF 2 OR MORE 5 PRIOR CONVICTIONS, THE PERSON IS GUILTY OF A FELONY AND SHALL BE 6 SENTENCED TO PAY A FINE OF NOT LESS THAN $1,000.00 OR MORE THAN 7 $10,000.00 AND TO IMPRISONMENT UNDER THE JURISDICTION OF THE 8 DEPARTMENT OF CORRECTIONS FOR NOT LESS THAN 2 YEARS OR MORE THAN 9 10 YEARS. 10 (G)(d)A term of imprisonment imposed under subdivision 11(b)(ii) or(B)(i), (c), (E), OR (F) shall not be suspended. 12 (H)(e)In the judgment of sentence under subdivision (a) 13 OR (D), the court may order vehicle immobilization as provided in 14 section 904d. In the judgment of sentence under subdivision (b), 15or(c), (E), OR (F), the court shall, unless the vehicle is 16 ordered forfeited under section 625n, order vehicle immobiliza- 17 tion as provided in section 904d. 18 (I)(f)In the judgment of sentence under subdivision (b), 19or(c), (D), (E), OR (F), the court may impose the sanction 20 permitted under section 625n. 21 (9) A person who is convicted of violating subsection (2) is 22 guilty of a crime as follows: 23 (a) Except as provided in subdivisions (b) and (c), a misde- 24 meanor punishable by imprisonment for not more than 93 days or a 25 fine of not less than $100.00 or more than $500.00, or both. 26 (b) If the person operating the motor vehicle violated 27 subsection (4), a felony punishable by imprisonment for not more 00781'99 21 1 than 5 years or a fine of not less than $1,500.00 or more than 2 $10,000.00, or both. 3 (c) If the person operating the motor vehicle violated sub- 4 section (5), a felony punishable by imprisonment for not more 5 than 2 years or a fine of not less than $1,000.00 or more than 6 $5,000.00, or both. 7 (10) If a person is convicted of violating subsection (3), 8 all of the following apply: 9 (a) Except as otherwise provided in subdivisions (b) and 10 (c), the person is guilty of a misdemeanor punishable by 1 or 11 more of the following: 12 (i) Community service for not more than 45 days. 13 (ii) Imprisonment for not more than 93 days. 14 (iii) A fine of not more than $300.00. 15 (b) If the violation occurs within 7 years of 1 prior con- 16 viction, the person shall be sentenced to pay a fine of not less 17 than $200.00 or more than $1,000.00, and 1 or more of the 18 following: 19 (i) Imprisonment for not less than 5 days or more than 1 20 year. Not less than 48 hours of the term of imprisonment imposed 21 under this subparagraph shall be served consecutively. 22 (ii) Community service for not less than 30 days or more 23 than 90 days. 24 (c) If the violation occurs within 10 years of 2 or more 25 prior convictions, the person is guilty of a felony and shall be 26 sentenced to pay a fine of not less than $500.00 or more than 27 $5,000.00 and either of the following: 00781'99 22 1 (i) Imprisonment under the jurisdiction of the department of 2 corrections for not less than 1 year or more than 5 years. 3 (ii) Probation with imprisonment in the county jail for not 4 less than 30 days or more than 1 year and community service for 5 not less than 60 days or more than 180 days. Not less than 48 6 hours of the imprisonment imposed under this subparagraph shall 7 be served consecutively. 8 (d) A term of imprisonment imposed under subdivision (b) or 9 (c) shall not be suspended. 10 (e) In the judgment of sentence under subdivision (a), the 11 court may order vehicle immobilization as provided in 12 section 904d. In the judgment of sentence under subdivision (b) 13 or (c), the court shall, unless the vehicle is ordered forfeited 14 under section 625n, order vehicle immobilization as provided in 15 section 904d. 16 (f) In the judgment of sentence under subdivision (b) or 17 (c), the court may impose the sanction permitted under 18 section 625n. 19 (11) If a person is convicted of violating subsection (6), 20 all of the following apply: 21 (a) Except as otherwise provided in subdivision (b), the 22 person is guilty of a misdemeanor punishable by 1 or both of the 23 following: 24 (i) Community service for not more than 45 days. 25 (ii) A fine of not more than $250.00. 00781'99 23 1 (b) If the violation occurs within 7 years of 1 or more 2 prior convictions, the person may be sentenced to 1 or more of 3 the following: 4 (i) Community service for not more than 60 days. 5 (ii) A fine of not more than $500.00. 6 (iii) Imprisonment for not more than 93 days. 7 (12) In addition to imposing the sanctions prescribed under 8 this section, the court may order the person to pay the costs of 9 the prosecution under the code of criminal procedure, 1927 10 PA 175, MCL 760.1 to 776.22. 11 (13) A person sentenced to perform community service under 12 this section shall not receive compensation and shall reimburse 13 the state or appropriate local unit of government for the cost of 14 supervision incurred by the state or local unit of government as 15 a result of the person's activities in that service. 16 (14) If the prosecuting attorney intends to seek an enhanced 17 sentence under this section or a sanction under section 625n or 18 904d based upon the defendant having 1 or more prior convictions, 19 the prosecuting attorney shall include on the complaint and 20 information, or an amended complaint and information, filed in 21 district court, circuit court, municipal court, or family divi- 22 sion of circuit court, a statement listing the defendant's prior 23 convictions. 24 (15) If a person is charged with a violation of subsection 25 (1), (3), (4), (5), or (7) or section 625m, the court shall not 26 permit the defendant to enter a plea of guilty or nolo contendere 27 to a charge of violating subsection (6) in exchange for dismissal 00781'99 24 1 of the original charge. This subsection does not prohibit the 2 court from dismissing the charge upon the prosecuting attorney's 3 motion. 4 (16) A prior conviction shall be established at sentencing 5 by 1 or more of the following: 6 (a) An abstract of conviction. 7 (b) A copy of the defendant's driving record. 8 (c) An admission by the defendant. 9 (17) Except as otherwise provided in subsection (19), if a 10 person is charged with operating a vehicle while under the influ- 11 ence of a controlled substance or a combination of intoxicating 12 liquor and a controlled substance in violation of subsection (1) 13 or a local ordinance substantially corresponding to 14 subsection (1), the court shall require the jury to return a spe- 15 cial verdict in the form of a written finding or, if the court 16 convicts the person without a jury or accepts a plea of guilty or 17 nolo contendere, the court shall make a finding as to whether the 18 person was under the influence of a controlled substance or a 19 combination of intoxicating liquor and a controlled substance at 20 the time of the violation. 21 (18) Except as otherwise provided in subsection (19), if a 22 person is charged with operating a vehicle while his or her abil- 23 ity to operate the vehicle was visibly impaired due to his or her 24 consumption of a controlled substance or a combination of intoxi- 25 cating liquor and a controlled substance in violation of 26 subsection (3) or a local ordinance substantially corresponding 27 to subsection (3), the court shall require the jury to return a 00781'99 25 1 special verdict in the form of a written finding or, if the court 2 convicts the person without a jury or accepts a plea of guilty or 3 nolo contendere, the court shall make a finding as to whether, 4 due to the consumption of a controlled substance or a combination 5 of intoxicating liquor and a controlled substance, the person's 6 ability to operate a motor vehicle was visibly impaired at the 7 time of the violation. 8 (19) A special verdict described in subsections (17) and 9 (18) is not required if a jury is instructed to make a finding 10 solely as to either of the following: 11 (a) Whether the defendant was under the influence of a con- 12 trolled substance or a combination of intoxicating liquor and a 13 controlled substance at the time of the violation. 14 (b) Whether the defendant was visibly impaired due to his or 15 her consumption of a controlled substance or a combination of 16 intoxicating liquor and a controlled substance at the time of the 17 violation. 18 (20) If a jury or court finds under subsection (17), (18), 19 or (19) that the defendant operated a motor vehicle under the 20 influence of or while impaired due to the consumption of a con- 21 trolled substance or a combination of a controlled substance and 22 an intoxicating liquor, the court shall do both of the 23 following: 24 (a) Report the finding to the secretary of state. 25 (b) On a form or forms prescribed by the state court admin- 26 istrator, forward to the department of state police a record that 27 specifies the penalties imposed by the court, including any term 00781'99 26 1 of imprisonment, and any sanction imposed under section 625n or 2 904d. 3 (21) Except as otherwise provided by law, a record described 4 in subsection (20)(b) is a public record and the department of 5 state police shall retain the information contained on that 6 record for not less than 7 years. 7 (22) In a prosecution for a violation of subsection (6), the 8 defendant bears the burden of proving that the consumption of 9 intoxicating liquor was a part of a generally recognized reli- 10 gious service or ceremony by a preponderance of the evidence. 11 (23) Subject to subsection (25), as used in this section, 12 "prior conviction" means a conviction for any of the following, 13 whether under a law of this state, a local ordinance substan- 14 tially corresponding to a law of this state, or a law of another 15 state substantially corresponding to a law of this state: 16 (a) Except as provided in subsection (24), a violation or 17 attempted violation of subsection (1), (3), (4), (5), (6), or 18 (7), section 625m, former section 625(1) or (2), or former sec- 19 tion 625b. 20 (b) Negligent homicide, manslaughter, or murder resulting 21 from the operation of a vehicle or an attempt to commit any of 22 those crimes. 23 (24) Except for purposes of the enhancement described in 24 subsection (11)(b), only 1 violation or attempted violation of 25 subsection (6), a local ordinance substantially corresponding to 26 subsection (6), or a law of another state substantially 00781'99 27 1 corresponding to subsection (6) may be used as a prior 2 conviction. 3 (25) If 2 or more convictions described in subsection (23) 4 are convictions for violations arising out of the same transac- 5 tion, only 1 conviction shall be used to determine whether the 6 person has a prior conviction. 7 Sec. 625a. (1) A peace officer may arrest a person without 8 a warrant under either of the following circumstances: 9 (a) The peace officer has reasonable cause to believe the 10 person was, at the time of an accident in this state, the opera- 11 tor of a vehicle involved in the accident and was operating the 12 vehicle in violation of section 625 or a local ordinance substan- 13 tially corresponding to section 625. 14 (b) The person is found in the driver's seat of a vehicle 15 parked or stopped on a highway or street within this state if any 16 part of the vehicle intrudes into the roadway and the peace offi- 17 cer has reasonable cause to believe the person was operating the 18 vehicle in violation of section 625 or a local ordinance substan- 19 tially corresponding to section 625. 20 (2) A peace officer who has reasonable cause to believe that 21 a person was operating a vehicle upon a public highway or other 22 place open to the public or generally accessible to motor vehi- 23 cles, including an area designated for the parking of vehicles, 24 within this state and that the person by the consumption of 25 intoxicating liquor may have affected his or her ability to oper- 26 ate a vehicle, or reasonable cause to believe that a person was 27 operating a commercial motor vehicle within the state while the 00781'99 28 1 person's blood, breath, or urine contained any measurable amount 2 of alcohol or while the person had any detectable presence of 3 intoxicating liquor, or reasonable cause to believe that a person 4 who is less than 21 years of age was operating a vehicle upon a 5 public highway or other place open to the public or generally 6 accessible to motor vehicles, including an area designated for 7 the parking of vehicles, within this state while the person had 8 any bodily alcohol content as that term is defined in section 9 625(6), may require the person to submit to a preliminary chemi- 10 cal breath analysis. The following provisions apply with respect 11 to a preliminary chemical breath analysis administered under this 12 subsection: 13 (a) A peace officer may arrest a person based in whole or in 14 part upon the results of a preliminary chemical breath analysis. 15 (b) The results of a preliminary chemical breath analysis 16 are admissible in a criminal prosecution for a crime enumerated 17 in section 625c(1) or in an administrative hearing for 1 or more 18 of the following purposes: 19 (i) To assist the court or hearing officer in determining a 20 challenge to the validity of an arrest. This subparagraph does 21 not limit the introduction of other competent evidence offered to 22 establish the validity of an arrest. 23 (ii) As evidence of the defendant's breath alcohol content, 24 if offered by the defendant to rebut testimony elicited on 25 cross-examination of a defense witness that the defendant's 26 breath alcohol content was higher at the time of the charged 00781'99 29 1 offense than when a chemical test was administered under 2 subsection (6). 3 (iii) As evidence of the defendant's breath alcohol content, 4 if offered by the prosecution to rebut testimony elicited on 5 cross-examination of a prosecution witness that the defendant's 6 breath alcohol content was lower at the time of the charged 7 offense than when a chemical test was administered under subsec- 8 tion (6). 9 (c) A person who submits to a preliminary chemical breath 10 analysis remains subject to the requirements of sections 625c, 11 625d, 625e, and 625f for purposes of chemical tests described in 12 those sections. 13 (d) Except as provided in subsection (5), a person who 14 refuses to submit to a preliminary chemical breath analysis upon 15 a lawful request by a peace officer is responsible for a civil 16 infraction. 17 (3) A peace officer shall use the results of a preliminary 18 chemical breath analysis conducted pursuant to this section to 19 determine whether to order a person out-of-service under 20 section 319d. A peace officer shall order out-of-service as 21 required under section 319d a person who was operating a commer- 22 cial motor vehicle and who refuses to submit to a preliminary 23 chemical breath analysis as provided in this section. This sec- 24 tion does not limit use of other competent evidence by the peace 25 officer to determine whether to order a person out-of-service 26 under section 319d. 00781'99 30 1 (4) A person who was operating a commercial motor vehicle 2 and who is requested to submit to a preliminary chemical breath 3 analysis under this section shall be advised that refusing a 4 peace officer's request to take a test described in this section 5 is a misdemeanor punishable by imprisonment for not more than 93 6 days or a fine of not more than $100.00, or both, and will result 7 in the issuance of a 24-hour out-of-service order. 8 (5) A person who was operating a commercial motor vehicle 9 and who refuses to submit to a preliminary chemical breath analy- 10 sis upon a peace officer's lawful request is guilty of a misde- 11 meanor punishable by imprisonment for not more than 93 days or a 12 fine of not more than $100.00, or both. 13 (6) The following provisions apply with respect to chemical 14 tests and analysis of a person's blood, urine, or breath, other 15 than preliminary chemical breath analysis: 16 (a) The amount of alcohol or presence of a controlled sub- 17 stance or both in a driver's blood or urine or the amount of 18 alcohol in a person's breath at the time alleged as shown by 19 chemical analysis of the person's blood, urine, or breath is 20 admissible into evidence in any civil or criminal proceeding. 21 (b) A person arrested for a crime described in 22 section 625c(1) shall be advised of all of the following: 23 (i) If he or she takes a chemical test of his or her blood, 24 urine, or breath administered at the request of a peace officer, 25 he or she has the right to demand that a person of his or her own 26 choosing administer 1 of the chemical tests. 00781'99 31 1 (ii) The results of the test are admissible in a judicial 2 proceeding as provided under this act and will be considered with 3 other admissible evidence in determining the defendant's inno- 4 cence or guilt. 5 (iii) He or she is responsible for obtaining a chemical 6 analysis of a test sample obtained pursuant to his or her own 7 request. 8 (iv) If he or she refuses the request of a peace officer to 9 take a test described in subparagraph (i), a test shall not be 10 given without a court order, but the peace officer may seek to 11 obtain a court order. 12 (v) Refusing a peace officer's request to take a test 13 described in subparagraph (i) will result in the suspension of 14 his or her operator's or chauffeur's license and vehicle group 15 designation or operating privilege and in the addition of 6 16 points to his or her driver record. 17 (c) A sample or specimen of urine or breath shall be taken 18 and collected in a reasonable manner. Only a licensed physician, 19 or an individual operating under the delegation of a licensed 20 physician under section 16215 of the public health code, 1978 PA 21 368, MCL 333.16215, qualified to withdraw blood and acting in a 22 medical environment, may withdraw blood at a peace officer's 23 request to determine the amount of alcohol or presence of a con- 24 trolled substance or both in the person's blood, as provided in 25 this subsection. Liability for a crime or civil damages predi- 26 cated on the act of withdrawing or analyzing blood and related 27 procedures does not attach to a licensed physician or individual 00781'99 32 1 operating under the delegation of a licensed physician who 2 withdraws or analyzes blood or assists in the withdrawal or anal- 3 ysis in accordance with this act unless the withdrawal or analy- 4 sis is performed in a negligent manner. 5 (d) A chemical test described in this subsection shall be 6 administered at the request of a peace officer having reasonable 7 grounds to believe the person has committed a crime described in 8 section 625c(1). A person who takes a chemical test administered 9 at a peace officer's request as provided in this section shall be 10 given a reasonable opportunity to have a person of his or her own 11 choosing administer 1 of the chemical tests described in this 12 subsection within a reasonable time after his or her detention. 13 The test results are admissible and shall be considered with 14 other admissible evidence in determining the defendant's inno- 15 cence or guilt. If the person charged is administered a chemical 16 test by a person of his or her own choosing, the person charged 17 is responsible for obtaining a chemical analysis of the test 18 sample. 19 (e) If, after an accident, the driver of a vehicle involved 20 in the accident is transported to a medical facility and a sample 21 of the driver's blood is withdrawn at that time for medical 22 treatment, the results of a chemical analysis of that sample are 23 admissible in any civil or criminal proceeding to show the amount 24 of alcohol or presence of a controlled substance or both in the 25 person's blood at the time alleged, regardless of whether the 26 person had been offered or had refused a chemical test. The 27 medical facility or person performing the chemical analysis shall 00781'99 33 1 disclose the results of the analysis to a prosecuting attorney 2 who requests the results for use in a criminal prosecution as 3 provided in this subdivision. A medical facility or person dis- 4 closing information in compliance with this subsection is not 5 civilly or criminally liable for making the disclosure. 6 (f) If, after an accident, the driver of a vehicle involved 7 in the accident is deceased, a sample of the decedent's blood 8 shall be withdrawn in a manner directed by the medical examiner 9 to determine the amount of alcohol or the presence of a con- 10 trolled substance, or both, in the decedent's blood. The medical 11 examiner shall give the results of the chemical analysis of the 12 sample to the law enforcement agency investigating the accident 13 and that agency shall forward the results to the department of 14 state police. 15 (g) The department of state police shall promulgate uniform 16 rules in compliance with the administrative procedures act of 17 1969, 1969 PA 306, MCL 24.201 to 24.328, for the administration 18 of chemical tests for the purposes of this section. An instru- 19 ment used for a preliminary chemical breath analysis may be used 20 for a chemical test described in this subsection if approved 21 under rules promulgated by the department of state police. 22 (7) The provisions of subsection (6) relating to chemical 23 testing do not limit the introduction of any other admissible 24 evidence bearing upon the question of whether a person was 25 impaired by, or under the influence of, intoxicating liquor or a 26 controlled substance, or a combination of intoxicating liquor and 27 a controlled substance, or whether the person had an alcohol 00781'99 34 1 content of 0.10 grams or more per 100 milliliters of blood, per 2 210 liters of breath, or per 67 milliliters of urine, or if the 3 person is less than 21 years of age, whether the person had any 4 bodily alcohol content within his or her body. As used in this 5 section, "any bodily alcohol content" meanseither of the6following:THAT TERM AS DEFINED IN SECTION 625(6). 7(a) An alcohol content of not less than 0.02 grams or more8than 0.07 grams per 100 milliliters of blood, per 210 liters of9breath, or per 67 milliliters of urine.10(b) Any presence of alcohol within a person's body resulting11from the consumption of intoxicating liquor, other than consump-12tion of intoxicating liquor as a part of a generally recognized13religious service or ceremony.14 (8) If a chemical test described in subsection (6) is admin- 15 istered, the test results shall be made available to the person 16 charged or the person's attorney upon written request to the 17 prosecution, with a copy of the request filed with the court. 18 The prosecution shall furnish the results at least 2 days before 19 the day of the trial. The prosecution shall offer the test 20 results as evidence in that trial. Failure to fully comply with 21 the request bars the admission of the results into evidence by 22 the prosecution. 23 (9) Except in a prosecution relating solely to a violation 24 of section 625(1)(b) OR (C) or (6), the amount of alcohol in the 25 driver's blood, breath, or urine at the time alleged as shown by 26 chemical analysis of the person's blood, breath, or urine gives 27 rise to the following presumptions: 00781'99 35 1 (a) If there were at the time 0.07 grams or less of alcohol 2 per 100 milliliters of the defendant's blood, per 210 liters of 3 the defendant's breath, or per 67 milliliters of the defendant's 4 urine, it is presumed that the defendant's ability to operate a 5 motor vehicle was not impaired due to the consumption of intoxi- 6 cating liquor and that the defendant was not under the influence 7 of intoxicating liquor. 8 (b) If there were at the time more than 0.07 grams but less 9 than 0.10 grams of alcohol per 100 milliliters of the defendant's 10 blood, per 210 liters of the defendant's breath, or per 67 milli- 11 liters of the defendant's urine, it is presumed that the 12 defendant's ability to operate a vehicle was impaired within the 13 provisions of section 625(3) due to the consumption of intoxicat- 14 ing liquor. 15 (c) If there were at the time 0.10 grams or more of alcohol 16 per 100 milliliters of the defendant's blood, per 210 liters of 17 the breath, or per 67 milliliters of the defendant's urine, it is 18 presumed that the defendant was under the influence of intoxicat- 19 ing liquor. 20 (10) A person's refusal to submit to a chemical test as pro- 21 vided in subsection (6) is admissible in a criminal prosecution 22 for a crime described in section 625c(1) only to show that a test 23 was offered to the defendant, but not as evidence in determining 24 the defendant's innocence or guilt. The jury shall be instructed 25 accordingly. 26 Sec. 625i. (1) The department of state police shall prepare 27 an annual report which shall be designated the Michigan annual 00781'99 36 1 drunk driving audit. The secretary of state, circuit court, 2 district court, family division of circuit court, municipal 3 courts, and local units of government in this state shall cooper- 4 ate with the department of state police to provide information 5 necessary for the preparation of the report. A copy of the 6 report prepared under this subsection shall be submitted to the 7 governor, the secretary of the senate, the clerk of the house of 8 representatives, and the secretary of state on July 1 of each 9 year. The report shall contain for each county in the state all 10 of the following information applicable to the immediately pre- 11 ceding calendar year: 12 (a) The number of alcohol related motor vehicle crashes 13 resulting in bodily injury, including a breakdown of the number 14 of those injuries occurring per capita of population and per road 15 mile in the county. 16 (b) The number of alcohol related motor vehicle crashes 17 resulting in death, including the breakdown described in subdivi- 18 sion (a). 19 (c) The number of alcohol related motor vehicle crashes, 20 other than those enumerated in subdivisions (a) and (b), includ- 21 ing the breakdown described in subdivision (a). 22 (d) The number of arrests made for violations of section 23 625(1)(a),or(b), OR (C) or local ordinances substantially 24 corresponding to section 625(1)(a),or(b), OR (C). 25 (e) The number of arrests made for violations of section 26 625(3) or local ordinances substantially corresponding to section 27 625(3). 00781'99 37 1 (f) The number of arrests made for violations of 2 section 625(6) or local ordinances substantially corresponding to 3 section 625(6). 4 (g) The number of arrests made for violations of 5 section 625(4) or (5). 6 (h) The number of arrests made for violations of section 7 625(7). 8 (i) The number of operator's or chauffeur's licenses sus- 9 pended pursuant to section 625f. 10 (j) The number of arrests made for violations of 11 section 625m or local ordinances substantially corresponding to 12 section 625m. 13 (2) The secretary of state shall compile a report of dispo- 14 sitions of charges for violations of section 625(1), (3), (4), 15 (5), (6), or (7) or section 625m or section 33b(1) or (2) of 16 former 1933 (Ex Sess) PA 8, section 703(1) or (2) of the Michigan 17 liquor control code of 1998, 1998 PA 58, MCL 436.1703, or local 18 ordinances substantially corresponding to section 625(1), (3), or 19 (6) or section 625m or section 33b(1) or (2) of former 1933 (Ex 20 Sess) PA 8, or section 703(1) or (2) of the Michigan liquor con- 21 trol code of 1998, 1998 PA 58, MCL 436.1703, by each judge for 22 inclusion in the annual report. The report compiled by the sec- 23 retary of state shall include information regarding all of the 24 following: 25 (a) The number of dismissals granted. 26 (b) The number of convictions entered. 00781'99 38 1 (c) The number of acquittals entered. 2 (d) The average length of imprisonment imposed. 3 (e) The average length of community service imposed in lieu 4 of imprisonment. 5 (f) The average fine imposed. 6 (g) The number of vehicles ordered immobilized under section 7 904d. 8 (h) The number of vehicles ordered forfeited under section 9 625n. 10 (3) The secretary of state shall include in the compilation 11 under subsection (2) the number of licenses suspended, revoked, 12 or restricted for those violations. 13 (4) The department of state police shall enter into a con- 14 tract with the university of Michigan transportation research 15 institute, in which the university of Michigan transportation 16 research institute shall evaluate the effect and impact of the 17 1998 legislation addressing drunk and impaired driving in this 18 state and report its findings to the governor and the legislature 19 not later than October 1, 2002. 20 Sec. 625n. (1) Except as otherwise provided in this section 21 and in addition to any other penalty provided for in this act, 22 the judgment of sentence for a conviction for a violation of 23 section 625(1) described in section 625(8)(b),or(c), (D), 24 (E), OR (F), a violation of section 625(3) described in section 25 625(10)(b) or (c), a violation of section 625(4), (5), or (7), or 26 a violation of section 904(4) or (5) may require 1 of the 27 following with regard to the vehicle used in the offense if the 00781'99 39 1 defendant owns the vehicle in whole or in part or leases the 2 vehicle: 3 (a) Forfeiture of the vehicle if the defendant owns the 4 vehicle in whole or in part. 5 (b) Return of the vehicle to the lessor if the defendant 6 leases the vehicle. 7 (2) The vehicle may be seized pursuant to an order of sei- 8 zure issued by the court having jurisdiction upon a showing of 9 probable cause that the vehicle is subject to forfeiture or 10 return to the lessor. 11 (3) The forfeiture of a vehicle is subject to the interest 12 of the holder of a security interest who did not have prior 13 knowledge of or consent to the violation. 14 (4) Within 14 days after the defendant's conviction for a 15 violation described in subsection (1), the prosecuting attorney 16 may file a petition with the court for the forfeiture of the 17 vehicle or to have the court order return of a leased vehicle to 18 the lessor. The prosecuting attorney shall give notice by 19 first-class mail or other process to the defendant and his or her 20 attorney, to all owners of the vehicle, and to any person holding 21 a security interest in the vehicle that the court may require 22 forfeiture or return of the vehicle. 23 (5) If a vehicle is seized before disposition of the crimi- 24 nal proceedings, a defendant who is an owner or lessee of the 25 vehicle may move the court having jurisdiction over the proceed- 26 ings to require the seizing agency to file a lien against the 27 vehicle and to return the vehicle to the owner or lessee pending 00781'99 40 1 disposition of the criminal proceedings. The court shall hear 2 the motion within 7 days after the motion is filed. If the 3 defendant establishes at the hearing that he or she holds the 4 legal title to the vehicle or that he or she has a leasehold 5 interest and that it is necessary for him or her or a member of 6 his or her family to use the vehicle pending the outcome of the 7 forfeiture action, the court may order the seizing agency to 8 return the vehicle to the owner or lessee. If the court orders 9 the return of the vehicle to the owner or lessee, the court shall 10 order the defendant to post a bond in an amount equal to the 11 retail value of the vehicle, and shall also order the seizing 12 agency to file a lien against the vehicle. 13 (6) Within 14 days after notice by the prosecuting attorney 14 is given under subsection (4), the defendant, an owner, lessee, 15 or holder of a security interest may file a claim of interest in 16 the vehicle with the court. Within 21 days after the expiration 17 of the period for filing claims, but before or at sentencing, the 18 court shall hold a hearing to determine the legitimacy of any 19 claim, the extent of any co-owner's equity interest, the liabil- 20 ity of the defendant to any co-lessee, and whether to order the 21 vehicle forfeited or returned to the lessor. In considering 22 whether to order forfeiture, the court shall review the 23 defendant's driving record to determine whether the defendant has 24 multiple convictions under section 625 or a local ordinance sub- 25 stantially corresponding to section 625, or multiple suspensions, 26 restrictions, or denials under section 904, or both. If the 27 defendant has multiple convictions under section 625 or multiple 00781'99 41 1 suspensions, restrictions, or denials under section 904, or both, 2 that factor shall weigh heavily in favor of forfeiture. 3 (7) If a vehicle is forfeited under this section, the unit 4 of government that seized the vehicle shall sell the vehicle and 5 dispose of the proceeds in the following order of priority: 6 (a) Pay any outstanding security interest of a secured party 7 who did not have prior knowledge of or consent to the commission 8 of the violation. 9 (b) Pay the equity interest of a co-owner who did not have 10 prior knowledge of or consent to the commission of the 11 violation. 12 (c) Satisfy any order of restitution entered in the prosecu- 13 tion for the violation. 14 (d) Pay the claim of each person who shows that he or she is 15 a victim of the violation to the extent that the claim is not 16 covered by an order of restitution. 17 (e) Pay any outstanding lien against the property that has 18 been imposed by a governmental unit. 19 (f) Pay the proper expenses of the proceedings for forfei- 20 ture and sale, including, but not limited to, expenses incurred 21 during the seizure process and expenses for maintaining custody 22 of the property, advertising, and court costs. 23 (g) The balance remaining after the payment of items (a) 24 through (f) shall be distributed by the court having jurisdiction 25 over the forfeiture proceedings to the unit or units of govern- 26 ment substantially involved in effecting the forfeiture. 27 Seventy-five percent of the money received by a unit of 00781'99 42 1 government under this subdivision shall be used to enhance 2 enforcement of the criminal laws and 25% of the money shall be 3 used to implement the crime victim's rights act, 1985 PA 87, 4 MCL 780.751 to 780.834. A unit of government receiving money 5 under this subdivision shall report annually to the department of 6 management and budget the amount of money received under this 7 subdivision that was used to enhance enforcement of the criminal 8 laws and the amount that was used to implement the crime victim's 9 rights act, 1985 PA 87, MCL 780.751 to 780.834. 10 (8) The court may order the defendant to pay to a co-lessee 11 any liability determined under subsection (6). The order may be 12 enforced in the same manner as a civil judgment. 13 (9) The return of a vehicle to the lessor under this section 14 does not affect or impair the lessor's rights or the defendant's 15 obligations under the lease. 16 (10) A person who knowingly conceals, sells, gives away, or 17 otherwise transfers or disposes of a vehicle with the intent to 18 avoid forfeiture or return of the vehicle to the lessor under 19 this section is guilty of a misdemeanor punishable by imprison- 20 ment for not more than 1 year or a fine of not more than 21 $1,000.00, or both. 22 (11) The failure of the court or prosecutor to comply with 23 any time limit specified in this section does not preclude the 24 court from ordering forfeiture of a vehicle or its return to a 25 lessor, unless the court finds that the owner or claimant suf- 26 fered substantial prejudice as a result of that failure. 00781'99 43 1 (12) The forfeiture provisions of this section do not 2 preclude the prosecuting attorney from pursuing a forfeiture 3 proceeding under any other law of this state or a local ordinance 4 substantially corresponding to this section. 5 Sec. 904d. (1) For a violation of section 625, the follow- 6 ing apply: 7 (a) For a violation of section625(1)625(1)(A) OR (B), 8 (3), (4), (5), or (7) or a local ordinance substantially corre- 9 sponding to section 625(1) or (3), the court may order vehicle 10 immobilization for not more than 180 days. 11 (b) For a VIOLATION OF SECTION 625(1)(C) OR FOR A second 12 violation of section625(1)625(1)(A) OR (B), (3), (4), (5), or 13 (7) in any combination arising out of separate incidents, the 14 court shall order vehicle immobilization for not less than 24 15 days or more than 180 days. 16 (c) For a SECOND OR SUBSEQUENT VIOLATION OF SECTION 17 625(1)(C) OR FOR A third or subsequent violation of section 18 625(1), (3), (4), (5), or (7) in any combination arising out of 19 separate incidents, the court shall order vehicle immobilization 20 for not less than 6 months or more than 3 years. 21 (2) For a suspension, revocation, or denial under section 22 904, the following apply: 23 (a) For 1 prior suspension, revocation, or denial under 24 section 904 within the past 7 years, the court may order vehicle 25 immobilization for not more than 180 days. 26 (b) For any combination of 2 or 3 prior suspensions, 27 revocations, or denials under section 904 within the past 7 00781'99 44 1 years, the court shall order vehicle immobilization for not less 2 than 90 days or more than 180 days. 3 (c) For any combination of 4 or more prior suspensions, 4 revocations, or denials under section 904 within the past 7 5 years, the court shall order vehicle immobilization for not less 6 than 1 year or more than 3 years. 7 (3) The defendant shall provide to the court the vehicle 8 identification number and registration plate number of the vehi- 9 cle involved in the violation. 10 (4) The court shall not order vehicle immobilization under 11 this section if the defendant is not the owner or lessee of the 12 vehicle operated during the violation unless the owner or lessee 13 knowingly permitted the vehicle to be operated in violation of 14 section 625(2) or section 904(1) regardless of whether a convic- 15 tion resulted. 16 (5) An order required to be issued under this section shall 17 not be suspended. 18 (6) If a defendant is ordered imprisoned for the violation 19 for which immobilization is ordered, the period of immobilization 20 shall begin at the end of the period of imprisonment. 21 (7) This section does not apply to any of the following: 22 (a) A suspension, revocation, or denial based on a violation 23 of the support and parenting time enforcement act, 1982 PA 295, 24 MCL 552.601 to 552.650. 25 (b) For a suspension, revocation, or denial under section 26 904, an individual who has no currently effective suspension or 27 denial under section 321a or who has 1 currently effective 00781'99 45 1 suspension or denial under section 321a but has never violated a 2 condition of that suspension or denial, and who has no other sus- 3 pensions or revocations or denials under this act. 4 (c) A vehicle that is registered in another state or that is 5 a rental vehicle. 6 (d) Any of the following: 7 (i) A violation of chapter II. 8 (ii) A violation of chapter V. 9 (iii) A violation for failure to change address. 10 (iv) A parking violation. 11 (v) A bad check violation. 12 (vi) An equipment violation. 13 (vii) A pedestrian, passenger, or bicycle violation, other 14 than a violation of section 703(1) or (2) of the Michigan liquor 15 control code of 1998, 1998 PA 58, MCL 436.1703, or a local ordi- 16 nance substantially corresponding to section 703(1) or (2) of the 17 Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1703, 18 or section 624a or 624b or a local ordinance substantially corre- 19 sponding to section 624a or 624b. 20 (viii) A violation of a local ordinance substantially corre- 21 sponding to a violation described in subparagraphs (i) to (vii). 22 (8) As used in this section, "vehicle immobilization" means 23 requiring the motor vehicle involved in the violation immobilized 24 in a manner provided in section 904e. 25 Enacting section 1. This amendatory act takes effect 26 October 1, 1999. 00781'99 Final page. JOJ