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HB-5169, As Passed House, October 27, 2005

SUBSTITUTE FOR

HOUSE BILL NO. 5169

A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending sections 319 and 323c (MCL 257.319 and 257.323c), as

amended by 2004 PA 362.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 319. (1) The secretary of state shall immediately suspend

a person's license as provided in this section upon receiving a

record of the person's conviction for a crime described in this

section, whether the conviction is under a law of this state, a

local ordinance substantially corresponding to a law of this state,

or a law of another state substantially corresponding to a law of

this state.

(2) The secretary of state shall suspend the person's license

for 1 year for any of the following crimes:

(a) Fraudulently altering or forging documents pertaining to

motor vehicles in violation of section 257.

(b) A violation of section 413 of the Michigan penal code,

1931 PA 328, MCL 750.413.

752.191, or section 626c.

(d) A felony in which a motor vehicle was used. As used in

this section, "felony in which a motor vehicle was used" means a

felony during the commission of which the person convicted operated

a motor vehicle and while operating the vehicle presented real or

potential harm to persons or property and 1 or more of the

following circumstances existed:

(i) The vehicle was used as an instrument of the felony.

(ii) The vehicle was used to transport a victim of the felony.

(iii) The vehicle was used to flee the scene of the felony.

(iv) The vehicle was necessary for the commission of the

felony.

(e) A violation of section 602a(2) or (3) of this act or

section 479a(2) or (3) of the Michigan penal code, 1931 PA 328, MCL

750.479a.

(3) The secretary of state shall suspend the person's license

for 90 days for any of the following crimes:

(a) Failing to stop and disclose identity at the scene of an

accident resulting in injury in violation of section 617a.

(b) A violation of section 601b(2), section 601c(1), section

626, or section 653a(3).

vehicle under section 382(1)(b), (c), or (d) of the Michigan penal

code, 1931 PA 328, MCL 750.382.

(d) A violation of section 703(2) of the Michigan liquor

control code of 1998, 1998 PA 58, MCL 436.1703.

(4) The secretary of state shall suspend the person's license

for 30 days for malicious destruction resulting from the operation

of a vehicle under section 382(1)(a) of the Michigan penal code,

1931 PA 328, MCL 750.382.

(5) For perjury or making a false certification to the

secretary of state under any law requiring the registration of a

motor vehicle or regulating the operation of a vehicle on a

highway, or for conduct prohibited under section 324(1) or a local

ordinance substantially corresponding to section 324(1), the

secretary shall suspend the person's license as follows:

(a) If the person has no prior conviction for an offense

described in this subsection within 7 years, for 90 days.

(b) If the person has 1 or more prior convictions for an

offense described in this subsection within 7 years, for 1 year.

(6) For a violation of section 414 of the Michigan penal code,

1931 PA 328, MCL 750.414, the secretary of state shall suspend the

person's license as follows:

(a) If the person has no prior conviction for that offense

within 7 years, for 90 days.

(b) If the person has 1 or more prior convictions for that

offense within 7 years, for 1 year.

(7) For a violation of section 624a or 624b of this act or

section 703(1) of the Michigan liquor control code of 1998, 1998 PA

58, MCL 436.1703, the secretary of state shall suspend the person's

license as follows:

(a) If the person has 1 prior conviction for an offense

described in this subsection or section 33b(1) of former 1933 (Ex

Sess) PA 8, for 90 days. The secretary of state may issue the

person a restricted license after the first 30 days of suspension.

(b) If the person has 2 or more prior convictions for an

offense described in this subsection or section 33b(1) of former

1933 (Ex Sess) PA 8, for 1 year. The secretary of state may issue

the person a restricted license after the first 60 days of

suspension.

(8) The secretary of state shall suspend the person's license

for a violation of section 625 or 625m as follows:

(a) For 180 days for a violation of section 625(1) or (8) if

the person has no prior convictions within 7 years. The secretary

of state may issue the person a restricted license during a

specified portion of the suspension, except that the secretary of

state shall not issue a restricted license during the first 30 days

of suspension.

(b) For 90 days for a violation of section 625(3) if the

person has no prior convictions within 7 years. However, if the

person is convicted of a violation of section 625(3), for operating

a vehicle when, due to the consumption of a controlled substance or

a combination of alcoholic liquor and a controlled substance, the

person's ability to operate the vehicle was visibly impaired, the

secretary of state shall suspend the person's license under this

subdivision for 180 days. The secretary of state may issue the

person a restricted license during all or a specified portion of

the suspension.

person has no prior convictions within 7 years. The secretary of

state may issue the person a restricted license during all or a

specified portion of the suspension.

(d) For 90 days for a violation of section 625(6) if the

person has 1 or more prior convictions for that offense within 7

years.

(e) For 180 days for a violation of section 625(7) if the

person has no prior convictions within 7 years. The secretary of

state may issue the person a restricted license after the first 90

days of suspension.

(f) For 90 days for a violation of section 625m if the person

has no prior convictions within 7 years. The secretary of state may

issue the person a restricted license during all or a specified

portion of the suspension.

(9) For a violation of section 367c of the Michigan penal

code, 1931 PA 328, MCL 750.367c, the secretary of state shall

suspend the person's license as follows:

(a) If the person has no prior conviction for an offense

described in this subsection within 7 years, for 6 months.

(b) If the person has 1 or more convictions for an offense

described in this subsection within 7 years, for 1 year.

(10) For a violation of section 315(4), the secretary of state

may suspend the person's license for 6 months.

(11) For a violation or attempted violation of section 411a(2)

of the Michigan penal code, 1931 PA 328, MCL 750.411a, involving a

school, the secretary of state shall suspend the license of a

person 14 years of age or over but less than 21 years of age until

3 years after the date of the conviction or juvenile disposition

for the violation. The secretary of state may issue the person a

restricted license after the first 365 days of suspension.

(12) Except as provided in subsection (14), a suspension under

this section shall be imposed notwithstanding a court order unless

the court order complies with section 323.

(13) If the secretary of state receives records of more than 1

conviction of a person resulting from the same incident, a

suspension shall be imposed only for the violation to which the

longest period of suspension applies under this section.

(14) The secretary of state may waive a restriction,

suspension, or revocation of a person's license imposed under this

act if the person submits proof that a court in another state

revoked, suspended, or restricted his or her license for a period

equal to or greater than the period of a restriction, suspension,

or revocation prescribed under this act for the violation and that

the revocation, suspension, or restriction was served for the

violation, or may grant a restricted license.

(15) The secretary of state shall not issue a restricted

license to a person whose license is suspended under this section

unless a restricted license is authorized under this section and

the person is otherwise eligible for a license.

(16) The secretary of state shall not issue a restricted

license to a person under subsection (8) that would permit the

person to operate a commercial motor vehicle.

(17) A restricted license issued under this section shall

permit the person to whom it is issued to take any driving skills

test required by the secretary of state and to drive under 1 or

more of the following circumstances:

(a) In the course of the person's employment or occupation.

(b) To and from any combination of the following:

(i) The person's residence.

(ii) The person's work location.

(iii) An alcohol or drug education or treatment program as

ordered by the court.

(iv) The court probation department.

(v) A court-ordered community service program.

(vi) An educational institution at which the person is enrolled

as a student.

(vii) A place of regularly occurring medical treatment for a

serious condition for the person or a member of the person's

household or immediate family.

(viii) A church, synagogue, mosque, or other house of religious

worship.

(18) While driving with a restricted license, the person shall

carry proof of his or her destination and the hours of any

employment, class, or other reason for traveling and shall display

that proof upon a peace officer's request.

(19) Subject to subsection (21), as used in subsection (8),

"prior conviction" means a conviction for any of the following,

whether under a law of this state, a local ordinance substantially

corresponding to a law of this state, or a law of another state

substantially corresponding to a law of this state:

(a) Except as provided in subsection (20), a violation or

attempted violation of any of the following:

(i) Section 625, except a violation of section 625(2), or a

violation of any prior enactment of section 625 in which the

defendant operated a vehicle while under the influence of

intoxicating or alcoholic liquor or a controlled substance, or a

combination of intoxicating or alcoholic liquor and a controlled

substance, or while visibly impaired, or with an unlawful bodily

alcohol content.

(ii) Section 625m.

(iii) Former section 625b.

(b) Negligent homicide, manslaughter, or murder resulting from

the operation of a vehicle or an attempt to commit any of those

crimes.

(20) Except for purposes of the suspensions described in

subsection (8)(c) and (d), only 1 violation or attempted violation

of section 625(6), a local ordinance substantially corresponding to

section 625(6), or a law of another state substantially

corresponding to section 625(6) may be used as a prior conviction.

(21) If 2 or more convictions described in subsection (19) are

convictions for violations arising out of the same transaction,

only 1 conviction shall be used to determine whether the person has

a prior conviction.

Sec. 323c. (1) A person denied a license to operate a motor

vehicle or whose license for that purpose has been suspended by the

secretary of state under section 625f has a right to a review of

the matter in circuit court as provided in sections 323 and 323a.

(2) Except as provided in this section, the court may order

the secretary of state to issue to the person a restricted license

permitting the person to drive only to under the following

circumstances:

(a) To and from the person's residence and work location. ;

(b) In the course of the person's employment or occupation. ;

treatment program as ordered by a court. ~~; to~~

(d) To and from the person's residence and the court probation

department. ~~, or~~

(e) To and from a court-ordered community service program. ,

~~or both; to~~

(f) To and from the person's residence and an educational

institution at which the person is enrolled as a student. ~~; or~~

~~pursuant to a combination of these restrictions.~~

(3) The restricted license shall permit the driver to attend a

church, synagogue, mosque, or other house of religious worship.

The restricted license shall permit the driver to take any driving

skills test required by the secretary of state.

(4) If the denial, suspension, or revocation of a person's

license or vehicle group designation under section 625f occurred in

connection with the operation of a commercial motor vehicle, the

court shall not order the secretary of state to issue a restricted

license that would permit the person to operate a commercial motor

vehicle. The court shall not order the secretary of state to issue

a restricted operator's or chauffeur's license that would permit a

person to operate a commercial motor vehicle hauling hazardous

material. The court shall not order the secretary of state to issue

a restricted license unless the person states under oath and the

court finds that the person is unable to take public transportation

to and from his or her work location, place of alcohol or drug

education or treatment, or educational institution, or church,

synagogue, mosque, or other house of religious worship, and does

not have a family member or other person able to provide

transportation. The court order and license shall indicate the

person's work location and the approved route or routes and

permitted times of travel. ~~For purposes of this section, "work~~

~~location" includes, as applicable, either or both of the following:~~

~~(a) The specific place or places of employment.~~

~~(b) The territory or territories regularly visited by the~~

~~person in pursuance of the person's occupation.~~

(5) ~~(2)~~ If the person's license has been suspended ~~pursuant~~

to under section 625f within the immediately preceding 7-year

period, the court shall not order a restricted license ~~shall not~~

to be issued under this section.

(6) ~~(3)~~ Notwithstanding any other provision of this section,

the court shall not order the secretary of state to issue a

restricted license to a person who has accumulated over 24 points,

as provided in section 320a, within the 2-year period preceding the

date of the suspension of his or her license.

(7) ~~(4)~~ Notwithstanding any other provision of this act, the

court shall not issue a restricted license to a person to operate a

commercial motor vehicle when a vehicle group designation is

required to operate that vehicle.

(8) As used in this section, "work location" includes, as

applicable, either or both of the following:

(a) The specific place or places of employment.

(b) The territory or territories regularly visited by the

person in pursuance of the person's occupation.

Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.