TRAFFIC LIGHT CHANGERS - S.B. 842 (S-3) & 843 (S-1): FLOOR ANALYSISSenate

Senate Bill 843 (Substitute S-1 as reported)

Sponsor: Senator Tony Stamas (S.B. 842)

              Senator Jud Gilbert, II (S.B. 843)

Committee: Transportation

CONTENT

Senate Bill 842 (S-3) would amend the Michigan Vehicle Code to prohibit a person from doing any of the following:

--    Possessing or using a signal preemption device, unless the person was the operator, passenger, or owner of an authorized emergency vehicle in the course of his or her emergency duties.

--    Selling a signal preemption device, except to a person described above.

--    Purchasing a signal preemption device for a use other than emergency duties.

“Signal preemption device” would mean a device capable of changing a traffic control signal to green out of sequence.

Possession of a device would be a misdemeanor punishable by imprisonment for up to 90 days and/or a maximum fine of $5,000. Sale or purchase would be a felony punishable by up to two years’ imprisonment and/or a maximum fine of $10,000. Use of a device would be a felony punishable as described in Table 1, depending on whether the use resulted in a traffic accident, the serious impairment of a body function, or the death of another person.

Table 1

The bill would not apply to any of the following:

--    A law enforcement agency; a fire station or firefighter; an emergency medical service or ambulance; or an operator, passenger, or owner of an authorized emergency vehicle.

--    A mail or package delivery service or its agent or employee in the course of delivering a device.

--    An employee or agent of a device manufacturer or retailer in the course of his or her employment in providing, selling, manufacturing, or transporting a device to any of the individuals or agencies described above.

Senate Bill 843 (S-1) would amend the Code of Criminal Procedure to add using, selling, and purchasing a signal preemption device to the sentencing guidelines, as shown in Table 2.

Table 2

The bill is tie-barred to Senate Bill 842.

Proposed MCL 257.616a (S.B. 842) - Legislative Analyst: Julie Koval

         & #160;            777.12e (S.B. 843)

FISCAL IMPACT

The bills would have an indeterminate fiscal impact on State and local government.

There are no data to indicate how many offenders would be convicted of the proposed offenses involving a signal preemption device. Local units of government would incur the cost of misdemeanor probation and the cost of incarceration in a local facility, which vary by county. The State would incur the cost of felony probation at an average annual cost of $1,750 and the cost of incarceration in a State facility at an average annual cost of $27,000. Table 3 shows the sentencing guidelines minimum sentence ranges and the cost per offender if an offender were convicted, sentenced to prison, and given the longest allowable minimum sentence for each of the proposed felonies.

Table 3

*Under sentencing guidelines, although it is possible for Class G offenders to receive a prison term, it is unlikely unless they have an extensive prior record. They are much more likely to receive an intermediate sanction or incarceration in a local facility.

Date Completed: 12-9-03 - Fiscal Analyst: Bethany Wicksall

 - S0304\s842sa

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.