HB-5173, As Passed House, November 6, 2003

SUBSTITUTE FOR

HOUSE BILL NO. 5173

                                                                             A bill to amend 1949 PA 300, entitled                                             

"Michigan vehicle code,"                                                    

by amending section 601b (MCL 257.601b), as amended by 2001 PA              

103.                                                                        

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1       Sec. 601b.  (1) Notwithstanding any other provision of this                 

2   act, a person responsible for a moving violation in a                       

3   construction work zone, at an emergency scene, or in a school             

4   zone during the period beginning 30 minutes before school in the            

5   morning and through 30 minutes after school in the afternoon is             

6   subject to a fine that is double the fine otherwise prescribed              

7   for that moving violation.                                                  

8       (2) A person who commits a moving violation  that has                       

9   criminal penalties for which not fewer than 3 points are                   

10  assigned under section 320a and as a result causes injury to a              

1   person working in the  construction work zone is guilty of a               

2   misdemeanor punishable by a fine of not more than $1,000.00 or              

3   imprisonment for not more than 1 year, or both.                             

4       (3) A person who commits a moving violation  that has                       

5   criminal penalties for which not fewer than 3 points are                   

6   assigned under section 320a and as a result causes death to a               

7   person working in the  construction work zone is guilty of a               

8   felony punishable by a fine of not more than $7,500.00 or by                

9   imprisonment for not more than 15 years, or both.                           

10      (4) Whenever practical, signs designed in compliance with the               

11  uniform manual of traffic control devices shall be appropriately            

12  placed at the  construction work zone by the state                         

13  transportation department or road authority having jurisdiction             

14  over the  construction work zone notifying operators of vehicles           

15  of the increased fines and penalties provided by this section for           

16  the protection and safety of construction workers.                          

17      (5) Subsections (2) and (3) do not apply if the injury or                   

18  death was caused by the negligence of the person working in the             

19  construction work zone.                                                   

20      (6) As used in this section:                                                

21  (a) "Construction zone" means a designated work area                        

22  described in section 627.

23  (a)  (b)  "Emergency scene" means a traffic accident, a                     

24  serious incident caused by weather conditions, or another                   

25  occurrence along a highway or street for which a police officer,            

26  firefighter, or emergency medical personnel are summoned to aid             

27  an injured victim.                                                          

1   (b)  (c)  "Moving violation" means an act or omission                       

2   prohibited under this act or a local ordinance substantially                

3   corresponding to this act that occurs while a person is operating           

4   a motor vehicle, and for which the person is subject to a fine.             

5   (c)  (d)  "School zone" means that term as defined in section               

6   627a.                                                                       

7   (d) "Work zone" means a designated work area described in                   

8   section 79d.

9       Enacting section 1.  This amendatory act does not take                      

10  effect unless House Bill No. 5089 of the 92nd Legislature is                

11  enacted into law.