HB-4468, As Passed Senate, September 23, 2008

SUBSTITUTE FOR

HOUSE BILL NO. 4468

     A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending section 601b (MCL 257.601b), as amended by 2003 PA 314.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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

act, a person responsible for a moving violation in a work zone, at

an emergency scene, or in a school zone during the period beginning

30 minutes before school in the morning and through 30 minutes

after school in the afternoon is subject to a fine that is double

the fine otherwise prescribed for that moving violation.

     (2) A person who commits a moving violation in a work zone for

which not fewer than 3 points are assigned under section 320a and

as a result causes injury to a another person working in the work

zone is guilty of a misdemeanor punishable by a fine of not more

than $1,000.00 or imprisonment for not more than 1 year, or both.

     (3) A person who commits a moving violation in a work zone for

which not fewer than 3 points are assigned under section 320a and

as a result causes death to a another person working in the work

zone is guilty of a felony punishable by a fine of not more than

$7,500.00 or by imprisonment for not more than 15 years, or both.

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

uniform manual of traffic control devices shall be appropriately

placed at the work zone by the state transportation department or

road authority having jurisdiction over the work zone notifying

operators of vehicles of the increased fines and penalties provided

by this section for the protection and safety of construction

workers.

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

death was caused by the negligence of the injured or deceased

person working in the work zone.

(5) (6) As used in this section:

     (a) "Emergency scene" means a traffic accident, a serious

incident caused by weather conditions, or another occurrence along

a highway or street for which a police officer, firefighter, or

emergency medical personnel are summoned to aid an injured victim.

     (b) "Moving violation" means an act or omission prohibited

under this act or a local ordinance substantially corresponding to

this act that occurs while a person is operating a motor vehicle,

and for which the person is subject to a fine.

     (c) "School zone" means that term as defined in section 627a.