HB-4333, As Passed Senate, June 11, 2003

HOUSE BILL No. 4333

March 12, 2003, Introduced by Reps. Accavitti, Wojno, Spade, Smith, Bieda, Julian, Dennis, Tobocman, Jamnick, Hunter, Gieleghem, McConico, Hopgood and Anderson 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 2002 PA

534.

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 750

6 to be responsible or responsible "with explanation" for a civil

7 infraction under this act or a local ordinance substantially

8 corresponding to a provision of this act, the judge ~~, district~~

9 ~~court referee,~~ or district court magistrate may order the person

10 to pay a civil fine of not more than $100.00 and costs as

House Bill 4333 as amended May 6, 2003

1 provided in subsection (4). However, for a violation of

2 section 674(1)(s) or a local ordinance substantially

3 corresponding to section 674(1)(s), the person shall be ordered

4 to pay costs as provided in subsection (4) and a civil fine of

5 not less than ~~$50.00 or more than $100.00~~ [$100.00 or more than $250.00]. For a

6 violation of section 328 or 710d, the civil fine ordered under

7 this subsection shall not exceed $10.00. For a violation of

8 section 710e, the civil fine and court costs ordered under this

9 subsection shall be $25.00. For a violation of section 682 or a

10 local ordinance substantially corresponding to section 682, the

11 person shall be ordered to pay costs as provided in subsection

12 (4) and a civil fine of not less than $100.00 or more than

13 $500.00. Permission may be granted for payment of a civil fine

14 and costs to be made within a specified period of time or in

15 specified installments, but unless permission is included in the

16 order or judgment, the civil fine and costs shall be payable

17 immediately.

18 (3) Except as provided in this subsection, if a person is

19 determined to be responsible or responsible "with explanation"

20 for a civil infraction under this act or a local ordinance

21 substantially corresponding to a provision of this act while

22 driving a commercial motor vehicle, he or she shall be ordered to

23 pay costs as provided in subsection (4) and a civil fine of not

24 more than $250.00. If a person is determined to be responsible

25 or responsible "with explanation" for a civil infraction under

26 section 319g or a local ordinance substantially corresponding to

27 section 319g, that person shall be ordered to pay costs as

1 provided in subsection (4) and a civil fine of not more than

2 $10,000.00.

3 (4) If a civil fine is ordered under subsection (2) or (3),

4 the judge ~~, district court referee,~~ or district court

5 magistrate shall summarily tax and determine the costs of the

6 action, which are not limited to the costs taxable in ordinary

7 civil actions, and may include all expenses, direct and indirect,

8 to which the plaintiff has been put in connection with the civil

9 infraction, up to the entry of judgment. Except in a civil

10 infraction for a parking violation, costs of not less than $5.00

11 shall be ordered. Costs shall not be ordered in excess of

12 $100.00. A civil fine ordered under subsection (2) or (3) shall

13 not be waived unless costs ordered under this subsection are

14 waived. Except as otherwise provided by law, costs are payable

15 to the general fund of the plaintiff.

16 (5) In addition to a civil fine and costs ordered under

17 subsection (2) or (3) and subsection (4), the judge ~~, district~~

18 ~~court referee,~~ or district court magistrate may order the person

19 to attend and complete a program of treatment, education, or

20 rehabilitation.

21 (6) A ~~district court referee or~~ district court magistrate

22 shall impose the sanctions permitted under subsections (2), (3),

23 and (5) only to the extent expressly authorized by the chief

24 judge or only judge of the district court district.

25 (7) Each district of the district court and each municipal

26 court may establish a schedule of civil fines and costs to be

27 imposed for civil infractions which occur within the respective

1 district or city. If a schedule is established, it shall be

2 prominently posted and readily available for public inspection.

3 A schedule need not include all violations which are designated

4 by law or ordinance as civil infractions. A schedule may exclude

5 cases on the basis of a defendant's prior record of civil

6 infractions or traffic offenses, or a combination of civil

7 infractions and traffic offenses.

8 (8) The state court administrator shall annually publish and

9 distribute to each district and court a recommended range of

10 civil fines and costs for first-time civil infractions. This

11 recommendation is not binding upon the courts having jurisdiction

12 over civil infractions but is intended to act as a normative

13 guide for judges ~~, district court referees,~~ and district court

14 magistrates and a basis for public evaluation of disparities in

15 the imposition of civil fines and costs throughout the state.

16 (9) If a person has received a civil infraction citation for

17 defective safety equipment on a vehicle under section 683, the

18 court shall waive a civil fine and costs, upon receipt of

19 certification by a law enforcement agency that repair of the

20 defective equipment was made before the appearance date on the

21 citation.

22 (10) A default in the payment of a civil fine or costs

23 ordered under subsection (2), (3), or (4) or an installment of

24 the fine or costs may be collected by a means authorized for the

25 enforcement of a judgment under chapter 40 of the revised

26 judicature act of 1961, 1961 PA 236, MCL 600.4001 to 600.4065, or

27 under chapter 60 of the revised judicature act of 1961, 1961

1 PA 236, MCL 600.6001 to 600.6098.

2 (11) If a person fails to comply with an order or judgment

3 issued pursuant to this section, within the time prescribed by

4 the court, the driver's license of that person shall be suspended

5 pursuant to section 321a until full compliance with that order or

6 judgment occurs. In addition to this suspension, the court may

7 also proceed under section 908.

8 (12) The court shall waive any civil fine or cost against a

9 person who received a civil infraction citation for a violation

10 of section 710d if the person, before the appearance date on the

11 citation, supplies the court with evidence of acquisition,

12 purchase, or rental of a child seating system meeting the

13 requirements of section 710d.

14 (13) In addition to any fines and costs ordered to be paid

15 under this section, the judge ~~, district court referee,~~ or

16 district court magistrate shall levy an assessment of $5.00 for

17 each civil infraction determination, except for a parking

18 violation or a violation for which the total fine and costs

19 imposed are $10.00 or less. Upon payment of the assessment, the

20 clerk of the court shall transmit the assessment levied to the

21 state treasury to be deposited into the Michigan justice training

22 fund. An assessment levied under this subsection is not a civil

23 fine for purposes of section 909.

24 (14) If a person has received a citation for a violation of

25 section 223, the court shall waive any fine and costs, upon

26 receipt of certification by a law enforcement agency that the

27 person, before the appearance date on the citation, produced a