HOUSE BILL No. 4821 May 24, 2001, Introduced by Reps. Toy, Lockwood, Whitmer, LaSata, Gieleghem, Zelenko, Schauer, Kolb, Patterson, Richardville, Jelinek, Dennis, Mans and Jacobs and referred to the Committee on Transportation. A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 907 (MCL 257.907), as amended by 1998 PA 103. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 907. (1) A violation of this act, or a local ordinance 2 substantially corresponding to a provision of this act, which is 3 designated a civil infraction shall not be considered a lesser 4 included offense of a criminal offense. 5 (2) If a person is determined pursuant to sections 741 to 6 750 to be responsible or responsible "with explanation" for a 7 civil infraction under this act or a local ordinance substan- 8 tially corresponding to a provision of this act, the judge, 9 district court referee, or district court magistrate may order 10 the person to pay a civil fine of not more than $100.00 and costs 04470'01 JJG 2 1 as provided in subsection (4). However, for a violation of 2 section 674(1)(s) or a local ordinance substantially correspond- 3 ing to section 674(1)(s), the person shall be ordered to pay 4 costs as provided in subsection (4) and a civil fine of not less 5 than $50.00 or more than $100.00. For a violation of section 328 6 or 710d, the civil fine ordered under this subsection shall not 7 exceed $10.00. For a violation of section 710e, the civil fine 8 and court costs ordered under this subsection shall be $25.00. 9 For a violation of section 682 or a local ordinance substantially 10 corresponding to section 682, the person shall be ordered to pay 11 costs as provided in subsection (4) and a civil fine of not less 12 than $100.00 or more than $500.00. Permission may be granted for 13 payment of a civil fine and costs to be made within a specified 14 period of time or in specified installments, but unless permis- 15 sion is included in the order or judgment, the civil fine and 16 costs shall be payable immediately. 17 (3) If a person is determined to be responsible or responsi- 18 ble "with explanation" for a civil infraction under this act or a 19 local ordinance substantially corresponding to a provision of 20 this act while driving a commercial motor vehicle, he or she 21 shall be ordered to pay costs as provided in subsection (4) and a 22 civil fine of not more than $250.00. 23 (4) If a civil fine is ordered to be paid under 24 subsection (2) or (3), the judge, district court referee, or dis- 25 trict court magistrate shall summarily tax and determine the 26 costs of the action, which shall not be limited to the costs 27 taxable in ordinary civil actions, and may include all expenses, 04470'01 3 1 direct and indirect, to which the plaintiff has been put in 2 connection with the civil infraction, up to the entry of 3 judgment. Except in a civil infraction for a parking violation, 4 costs of not less than $5.00 shall be ordered. Costs shall not 5 be ordered in excess of $100.00. Except as otherwise provided by 6 law, costs shall be payable to the general fund of the 7 plaintiff. 8 (5) In addition to a civil fine and costs ordered under 9 subsection (2) or (3) and subsection (4), the judge, district 10 court referee, or district court magistrate may order the person 11 to attend and complete a program of treatment, education, or 12 rehabilitation. 13 (6) A district court referee or district court magistrate 14 shall impose the sanctions permitted under subsections (2), (3), 15 and (5) only to the extent expressly authorized by the chief 16 judge or only judge of the district court district. 17 (7) Each district of the district court and each municipal 18 court may establish a schedule of civil fines and costs to be 19 imposed for civil infractions which occur within the respective 20 district or city. If a schedule is established, it shall be 21 prominently posted and readily available for public inspection. 22 A schedule need not include all violations which are designated 23 by law or ordinance as civil infractions. A schedule may exclude 24 cases on the basis of a defendant's prior record of civil infrac- 25 tions or traffic offenses, or a combination of civil infractions 26 and traffic offenses. 04470'01 4 1 (8) The state court administrator shall annually publish and 2 distribute to each district and court a recommended range of 3 civil fines and costs for first-time civil infractions. This 4 recommendation shall not be binding upon the courts having juris- 5 diction over civil infractions but is intended to act as a norma- 6 tive guide for judges, district court referees, and district 7 court magistrates and a basis for public evaluation of dispari- 8 ties in the imposition of civil fines and costs throughout the 9 state. 10 (9) If a person has received a civil infraction citation for 11 defective safety equipment on a vehicle under section 683, the 12 court shall waive a civil fine and costs, upon receipt of certi- 13 fication by a law enforcement agency that repair of the defective 14 equipment was made before the appearance date on the citation. 15 (10) A default in the payment of a civil fine or costs 16 ordered under subsection (2), (3), or (4) or an installment of 17 the fine or costs may be collected by a means authorized for the 18 enforcement of a judgment under chapter 40 of the revised judica- 19 ture act of 1961, 1961 PA 236, MCL 600.4001 to 600.4065, or under 20 chapter 60 of the revised judicature act of 1961, 1961 PA 236, 21 MCL 600.6001 to 600.6098. 22 (11) If a person fails to comply with an order or judgment 23 issued pursuant to this section, within the time prescribed by 24 the court, the driver's license of that person shall be suspended 25 pursuant to section 321a until full compliance with that order or 26 judgment occurs. In addition to this suspension, the court may 27 also proceed under section 908. 04470'01 5 1 (12) The court shall waive any civil fine or cost against a 2 person who received a civil infraction citation for a violation 3 of section 710d OR 710E(3) if the person, before the appearance 4 date on the citation, supplies the court with evidence of acqui- 5 sition, purchase, or rental of a child seating system meeting the 6 requirements of section 710d OR 710E(3). 7 (13) In addition to any fines and costs ordered to be paid 8 under this section, the judge, district court referee, or dis- 9 trict court magistrate shall levy an assessment of $5.00 for each 10 civil infraction determination, except for a parking violation or 11 a violation for which the total fine and costs imposed are $10.00 12 or less. Upon payment of the assessment, the clerk of the court 13 shall transmit the assessment levied to the state treasury to be 14 deposited into the Michigan justice training fund. An assessment 15 levied under this subsection shall not be considered a civil fine 16 for purposes of section 909. 17 (14) If a person has received a citation for a violation of 18 section 223, the court shall waive any fine and costs, upon 19 receipt of certification by a law enforcement agency that the 20 person, before the appearance date on the citation, produced a 21 valid registration certificate that was valid on the date the 22 violation of section 223 occurred. 23 Enacting section 1. This amendatory act takes effect April 24 1, 2002. 25 Enacting section 2. This amendatory act does not take 26 effect unless Senate Bill No. _____ or House Bill No. 4822 04470'01 6 1 (request no. 03855'01) of the 91st Legislature is enacted into 2 law. 04470'01 Final page. JJG