February 18, 2003, Introduced by Rep. Van Regenmorter and referred to the Committee on Criminal Justice.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending sections 12f, 33, and 48 of chapter XVII
(MCL 777.12f, 777.33, and 777.48), section 12f as added by 2002
PA 34 and sections 33 and 48 as amended by 2000 PA 279.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 CHAPTER XVII
2 Sec. 12f. This chapter applies to the following felonies
3 enumerated in sections 625 to 625o of chapter VI of the Michigan
4 vehicle code, 1949 PA 300, within chapter 257 of the Michigan
5 Compiled Laws:
6 M.C.L. Category Class Description Stat Max
7 257.625(4)(a) Person C Operating a vehicle under
8 the influence or while
9
impaired intoxicated
10 causing death 15
11 257.625(4)(b) Person B Operating a vehicle under
1 the influence or while
2
impaired intoxicated
3 causing death to
4 certain persons 20
5 257.625(5) Person E Operating a vehicle under
6 the influence or while
7
impaired intoxicated
8 causing serious
9 impairment 5
10 257.625(7)(a)(ii) Person E Operating a vehicle under
11 the influence or while
12 impaired
intoxicated
13 with a minor in the
14 vehicle -- subsequent
15 offense 5
16 257.625(8)(c) Pub saf E Operating a vehicle under
17 the influence -- third
18 or subsequent offense 5
19 257.625(9)(b) Person E Allowing a vehicle to be
20 operated while under
21 the influence or
22
impaired intoxicated
23 causing death 5
24 257.625(9)(c) Person G Allowing a vehicle to be
25 operated while under
26 the influence or
27
impaired intoxicated
28 causing serious
29 impairment 2
30 257.625(10)(c) Pub
saf E Impaired driving
31 Operating while
32 intoxicated -- third or
33 subsequent offense 5
34 257.625k(7) Pub saf D Knowingly providing false
35 information concerning
36 an ignition interlock
37 device 10
38 257.625k(9) Pub saf D Failure to report illegal
39 ignition interlock
40 device 10
41 257.625m(5) Pub saf E Commercial drunk driving
42 -- third or subsequent
43 offense 5
1 Sec. 33. (1) Offense variable 3 is physical injury to a
2 victim. Score offense variable 3 by determining which of the
3 following apply and by assigning the number of points
4 attributable to the one that has the highest number of points:
5 (a) A victim was killed.......................... 100 points
6 (b) A victim was killed.......................... 35 points
7 (c) Life threatening or permanent incapacitating
8 injury occurred to a victim........................... 25 points
9 (d) Bodily injury requiring medical treatment
10 occurred to a victim.................................. 10 points
11 (e) Bodily injury not requiring medical treatment
12 occurred to a victim.................................. 5 points
13 (f) No physical injury occurred to a victim...... 0 points
14 (2) All of the following apply to scoring offense variable
15 3:
16 (a) In multiple offender cases, if 1 offender is assessed
17 points for death or physical injury, all offenders shall be
18 assessed the same number of points.
19 (b) Score 100 points if death results from the commission of
20 a crime and homicide is not the sentencing offense.
21 (c) Score 35 points if death results from the commission of a
22 crime and the elements
of the offense or attempted offense
23 involve involves the operation of a vehicle, vessel,
ORV,
24 snowmobile, aircraft, or
locomotive under the influence or while
25 impaired causing death
and the offender's bodily alcohol
content
26 was 0.08 grams or more per 100 milliliters of blood, per 210
27 liters of breath, or per 67 milliliters of urine, or while he or
1 she was under the influence of or while visibly impaired by the
2 use of alcoholic or intoxicating liquor or a controlled substance
3 or a combination of alcoholic or intoxicating liquor and a
4 controlled substance.
5 (d) Do not score 5 points if bodily injury is an element of
6 the sentencing offense.
7 (3) As used in this section, "requiring medical treatment"
8 refers to the necessity for treatment and not the victim's
9 success in obtaining treatment.
10 Sec. 48. (1) Offense variable 18 is operator ability
11 affected by alcohol or drugs. Score offense variable 18 by
12 determining which of the following apply and by assigning the
13 number of points attributable to the one that has the highest
14 number of points:
15 (a) The offender operated a vehicle, vessel, ORV,
16 snowmobile, aircraft, or locomotive when his or her
17 bodily alcohol content was 0.20 grams or more per 100
18 milliliters of blood, per 210 liters of breath, or per
19 67 milliliters of urine............................... 20 points
20 (b) The offender operated a vehicle, vessel, ORV,
21 snowmobile, aircraft, or locomotive when his or her
22 bodily alcohol content was 0.15 grams or more but less
23 than 0.20 grams per 100 milliliters of blood, per 210
24 liters of breath, or per 67 milliliters of urine...... 15 points
25 (c) The offender operated a vehicle, vessel, ORV,
26 snowmobile, aircraft, or locomotive when his or her
27 bodily alcohol content
was 0.10 0.08 grams or more
1 but less than 0.15 grams per 100 milliliters of blood,
2 per 210 liters of breath, or per 67 milliliters of
3 urine, or while he or she was under the influence of
4 or while visibly impaired by the use of alcoholic or
5 intoxicating liquor or a controlled substance or a
6 combination of alcoholic or intoxicating liquor and a
7 controlled substance.................................. 10 points
8 (d) The offender operated a vehicle, vessel, ORV,
9 snowmobile, aircraft, or
locomotive, when his or her
10 bodily alcohol content
was 0.07 grams or more but less
11 than 0.10 grams per
100 milliliters of blood, per 210
12 liters of breath, or
per 67 milliliters of urine, or
13 while he or she was
visibly impaired by the use of
14 intoxicating liquor or
a controlled substance or a
15 combination of
intoxicating liquor and a controlled
16 substance, or was less than 21 years of age, and had
17 any bodily alcohol content............................ 5 points
18 (e) The offender's ability to operate a vehicle,
19 vessel, ORV, snowmobile, aircraft, or locomotive was
20 not affected by an alcoholic or intoxicating liquor or
21 a controlled substance or a combination of alcoholic
22 or intoxicating liquor and a controlled substance..... 0 points
23 (2) As used in this section, "any bodily alcohol content"
24 means either of the following:
25 (a) An alcohol
content of not less than 0.02 grams or more
26 but less than 0.07 0.08
grams per 100 milliliters of blood, per
27 210 liters of breath, or per 67 milliliters of urine.
1 (b) Any presence of alcohol within an individual's body
2 resulting from the consumption of alcoholic or intoxicating
3 liquor other than the consumption of alcoholic or intoxicating
4 liquor as part of a generally recognized religious service or
5 ceremony.
6 Enacting section 1. This amendatory act takes effect
7 September 30, 2003.
8 Enacting section 2. This amendatory act does not take
9 effect unless Senate Bill No. ________ or House Bill No. 4247
10 (request no. 00871'03 *) of the 92nd Legislature is enacted into
11 law.