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SB-1134, As Passed House, December 18, 2008

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 1134

A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending sections 303, 319, 322, 625, and 625b (MCL 257.303,

257.319, 257.322, 257.625, and 257.625b), section 303 as amended by

2008 PA 7, section 319 as amended by 2004 PA 362, section 322 as

amended by 2001 PA 159, section 625 as amended by 2006 PA 564, and

section 625b as amended by 2004 PA 62, and by adding sections 20d

and 322a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 20d. "Ignition interlock device" means an alcohol

concentration measuring device that prevents a motor vehicle from

being started at any time without first determining through a deep

lung sample the operator's alcohol level, calibrated so that the

motor vehicle cannot be started if the breath alcohol level of the

operator, as measured by the test, reaches a level of 0.025 grams

per 210 liters of breath, and to which all of the following apply:

(a) The device meets or exceeds the model specifications for

breath alcohol ignition interlock devices (BAIID), 57 FR 11772 -

11787 (April 7, 1992).

(b) The device utilizes alcohol-specific electrochemical fuel

sensor technology.

uses a positive-negative-positive air pressure test requirement, a

midtest hum tone requirement, or any other anticircumvention method

or technology that first becomes commercially available after July

31, 2007 and that is approved by the department as equally or more

effective.

Sec. 303. (1) The secretary of state shall not issue a license

under this act to any of the following persons:

(a) A person, as an operator, who is less than 18 years of

age, except as otherwise provided in this act.

(b) A person, as a chauffeur, who is less than 18 years of

age, except as otherwise provided in this act.

canceled in any state. If the suspension, revocation, denial, or

cancellation is not from the jurisdiction that issued the last

license to the person, the secretary of state may issue a license

after the expiration of 5 years from the effective date of the most

recent suspension, revocation, denial, or cancellation.

(d) A person who in the opinion of the secretary of state is

afflicted with or suffering from a physical or mental disability or

disease preventing that person from exercising reasonable and

ordinary control over a motor vehicle while operating the motor

vehicle upon the highways.

(e) A person who is unable to understand highway warning or

direction signs in the English language.

(f) A person who is unable to pass a knowledge, skill, or

ability test administered by the secretary of state in connection

with the issuance of an original operator's or chauffeur's license,

original motorcycle indorsement, or an original or renewal of a

vehicle group designation or vehicle indorsement.

(g) A person who has been convicted of, has received a

juvenile disposition for, or has been determined responsible for 2

or more moving violations 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 within the preceding 3 years, if the violations occurred

before issuance of an original license to the person in this state,

another state, or another country.

(h) A nonresident, including, but not limited to, a foreign

exchange student.

(i) A person who has failed to answer a citation or notice to

appear in court or for any matter pending or fails to comply with

an order or judgment of the court, including, but not limited to,

paying all fines, costs, fees, and assessments, in violation of

section 321a, until that person answers the citation or notice to

appear in court or for any matter pending or complies with an order

or judgment of the court, including, but not limited to, paying all

fines, costs, fees, and assessments, as provided under section

321a.

(j) A person not licensed under this act who has been

convicted of, has received a juvenile disposition for, or has been

determined responsible for a crime or civil infraction described in

section 319, 324, or 904. A person shall be denied a license under

this subdivision for the length of time corresponding to the period

of the licensing sanction that would have been imposed under

section 319, 324, or 904 if the person had been licensed at the

time of the violation.

(k) A person not licensed under this act who has been

convicted of or received a juvenile disposition for committing a

crime described in section 319e. A person shall be denied a license

under this subdivision for the length of time that corresponds to

the period of the licensing sanction that would have been imposed

under section 319e if the person had been licensed at the time of

the violation.

(l) A person not licensed under this act who is determined to

have violated section 33b(1) of former 1933 (Ex Sess) PA 8, section

703(1) of the Michigan liquor control code of 1998, 1998 PA 58, MCL

436.1703, or section 624a or 624b of this act. The person shall be

denied a license under this subdivision for a period of time that

corresponds to the period of the licensing sanction that would have

been imposed under those sections had the person been licensed at

the time of the violation.

(m) A person whose commercial driver license application is

canceled under section 324(2).

(n) Unless otherwise eligible under section 307(1), a person

who is not a citizen of the United States.

(2) Upon receiving the appropriate records of conviction, the

secretary of state shall revoke the operator's or chauffeur's

license of a person and deny issuance of an operator's or

chauffeur's license to a person having 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, or a law of the

United States substantially corresponding to a law of this state:

(a) Any combination of 2 convictions within 7 years for

reckless driving in violation of section 626.

(b) Any combination of 2 or more convictions within 7 years

for any of the following:

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

(ii) A violation or attempted violation of section 601b(2) or

(3), section 601c(1) or (2), section 602a(4) or (5), section 617,

section 653a(3) or (4), or section 904(4) or (5).

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

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

crimes.

(iv) A violation or attempted violation of section 479a(4) or

(5) of the Michigan penal code, 1931 PA 328, MCL 750.479a.

the following or a combination of 1 conviction for a violation or

attempted violation of section 625(6) and 1 conviction for any of

the following within 7 years:

(i) A violation or attempted violation of 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) A violation or attempted violation of section 625m.

(iii) ~~Former~~ A violation or attempted violation of former

section 625b.

(d) One conviction for a violation or attempted violation of

section 315(5), section 601b(3), section 601c(2), section 602a(4)

or (5), section 617, section 625(4) or (5), section 653a(4), or

section 904(4) or (5).

(e) One conviction of negligent homicide, manslaughter, or 1

murder resulting from the operation of a vehicle or an attempt to

commit any of those crimes.

(f) One conviction for a violation or attempted violation of

section 479a(4) or (5) of the Michigan penal code, 1931 PA 328, MCL

750.479a.

(g) Any combination of 3 convictions within 10 years for any

of the following or 1 conviction for a violation or attempted

violation of section 625(6) and any combination of 2 convictions

for any of the following within 10 years, if any of the convictions

resulted from an arrest on or after January 1, 1992:

(i) A violation or attempted violation of 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) A violation or attempted violation of section 625m.

(iii) ~~Former~~ A violation or attempted violation of former

section 625b.

(3) The secretary of state shall revoke a license under

subsection (2) notwithstanding a court order unless the court order

complies with section 323.

(4) The secretary of state shall not issue a license under

this act to a person whose license has been revoked under this act

or revoked and denied under subsection (2) until all of the

following occur, as applicable:

(a) The later of the following:

(i) The expiration of not less than 1 year after the license

was revoked or denied.

(ii) The expiration of not less than 5 years after the date of

a subsequent revocation or denial occurring within 7 years after

the date of any prior revocation or denial.

(b) For a denial under subsection (2)(a), (b), (c), and (g),

the person rebuts by clear and convincing evidence the presumption

resulting from the prima facie evidence that he or she is a

habitual offender. The convictions that resulted in the revocation

and denial constitute prima facie evidence that he or she is a

habitual offender.

(5) The secretary of state may deny issuance of an operator's

license as follows:

(a) Until the age of 17, to a person not licensed under this

act who was convicted of or received a juvenile disposition for

violating or attempting to violate section 411a(2) of the Michigan

penal code, 1931 PA 328, MCL 750.411a, involving a school when he

or she was less than 14 years of age. A person not issued a license

under this subdivision is not eligible to begin graduated licensing

training until he or she attains 16 years of age.

(b) To a person less than 21 years of age not licensed under

this act who was convicted of or received a juvenile disposition

for violating or attempting to violate section 411a(2) of the

Michigan penal code, 1931 PA 328, MCL 750.411a, involving a school

when he or she was ~~less than~~ 14 years of age or older, until 3

years after the date of the conviction or juvenile disposition. A

person not issued a license under this subdivision is not eligible

to begin graduated licensing training or otherwise obtain an

original operator's or chauffeur's license until 3 years after the

date of the conviction or juvenile disposition.

(6) The secretary of state shall deny issuance of a vehicle

group designation to a person if the person has been disqualified

by the United States secretary of transportation from operating a

commercial motor vehicle.

(7) Multiple convictions or civil infraction determinations

resulting from the same incident shall be treated as a single

violation for purposes of denial or revocation of a license under

this section.

(8) As used in this section, "felony in which a motor vehicle

was used" means a felony during the commission of which the person

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:

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

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

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

felony.

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, or a law of the United States 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)~~ 625(1)(a)

or (b) 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.

Senate Bill No. 1134 (H-1) as amended December 18, 2008

(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.

(g) For 1 year for a violation of section 625(1)(c) if the

person has no prior convictions within 7 years or not more than 2

convictions within 10 years. The secretary of state [may] issue the

person a restricted license, except that the secretary of state

shall not issue a restricted license during the first 45 days of

suspension.

(h) The department shall order a person convicted of violating

section 625(1)(c) not to operate a motor vehicle under a restricted

license issued under subdivision (g) unless the vehicle is equipped

with an ignition interlock device approved, certified, and

installed as required under sections 625k and 625l. The ignition

interlock device may be removed after the interlock device provider

provides the department with verification that the person has

operated the vehicle with no instances of reaching or exceeding a

blood alcohol level of 0.025 grams per 210 liters of breath.

(i) If an individual violates the conditions of the restricted

license issued under subdivision (g) or operates or attempts to

operate a motor vehicle with a blood alcohol level of 0.025 grams

per 210 liters of breath, the secretary of state shall impose an

additional like period of suspension and restriction as prescribed

under subdivision (g). This subdivision does not apply to a start-

up test failure within the first 2 months after installation of the

ignition interlock device. As used in this subdivision, "start-up

test failure" means that term as defined in R 257.313a of the

Michigan administrative code.

(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 Except as provided in subsection (16), 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~~ operate a vehicle 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.

(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. 322. (1) The secretary of state shall appoint a hearing

officer to hear appeals from persons aggrieved by a final

determination of the secretary of state denying an application for

an operator's or chauffeur's license, suspending, restricting, or

revoking an operator's or chauffeur's license, or other license

action.

(2) The appeal shall be in writing and filed with the

secretary of state within 14 days after the final determination.

Upon notice of the appeal, the hearing officer shall require

production of all documents filed in the matter, together with a

transcript of any testimony taken.

(3) In a hearing or matter properly before the hearing

officer, he or she may do any of the following:

(a) Issue subpoenas to compel attendance of witnesses.

(b) Issue process to compel attendance.

testify in the same manner as provided by the rules and practice in

the circuit court.

(d) Swear witnesses, administer oaths, and exemplify records

in any matter before the officer.

(e) Take additional testimony he or she considers appropriate.

(4) A verbatim record shall be made of the hearing.

(5) After a hearing, the hearing officer may affirm, modify,

or set aside a final determination of the secretary of state

denying an application for an operator's or chauffeur's license,

suspending, restricting, or revoking an operator's or chauffeur's

license, or any other license action. The hearing officer shall

include his or her findings of fact and conclusions of law in the

record.

(6) Except as provided in subsection (7), if a person whose

license has been denied or revoked under section 303(2)(c), (d), or

(g) applies for a license or reinstatement of a license after the

time period specified in section 303(4) has elapsed, the hearing

officer may issue a restricted license to that person, setting

restrictions upon operating a vehicle as the hearing officer

determines are appropriate. If the hearing officer issues a

restricted license following a hearing held after October 1, 1999,

he or she shall do both of the following:

(a) Require ~~installation of~~ a properly installed and

functioning ignition interlock device ~~that meets or exceeds the~~

~~model specifications of the national highway traffic safety~~

~~administration set forth in 57 F.R. p.11772,~~ ~~April 7, 1992~~, on each

motor vehicle the person owns or intends to operate, the costs of

which shall be borne by the person whose license is restricted.

(b) Condition issuance of a restricted license upon

verification by the secretary of state that an ignition interlock

device has been installed.

(7) The hearing officer shall not issue a restricted license

under subsection (6) that would permit the person to operate a

commercial motor vehicle that hauls hazardous material.

(8) If the hearing officer issues a restricted license to a

person who intends to operate a vehicle owned by his or her

employer, the secretary of state shall notify the employer of the

employee's license restriction that requires the installation of an

ignition interlock device. An employer who receives notice under

this subsection is not required to install an ignition interlock

device on the employer-owned vehicle. This subsection does not

apply to a vehicle that is operated by a self-employed individual

who uses the vehicle for both business and personal use.

(9) If the hearing officer issues a restricted license

requiring an ignition interlock device, the initial period for

requiring the device shall be not less than 1 year. ~~After that~~

~~time, the hearing officer may continue the ignition interlock~~

~~device requirement for any length of time.~~

Sec. 322a. A person who is issued a restricted license by the

department requiring an ignition interlock device shall not remove

the device or cause the device to be removed unless the department

has issued an order authorizing its removal.

Sec. 625. (1) A person, whether licensed or not, shall not

operate a vehicle upon a highway or other place open to the general

public or generally accessible to motor vehicles, including an area

designated for the parking of vehicles, within this state if the

person is operating while intoxicated. As used in this section,

"operating while intoxicated" means ~~either~~ any of the following:

~~applies:~~

(a) The person is under the influence of alcoholic liquor, a

controlled substance, or a combination of alcoholic liquor and a

controlled substance.

(b) The person has an alcohol content of 0.08 grams or more

per 100 milliliters of blood, per 210 liters of breath, or per 67

milliliters of urine, or, beginning October 1, 2013, the person has

an alcohol content of 0.10 grams or more per 100 milliliters of

blood, per 210 liters of breath, or per 67 milliliters of urine.

per 100 milliliters of blood, per 210 liters of breath, or per 67

milliliters of urine.

(2) The owner of a vehicle or a person in charge or in control

of a vehicle shall not authorize or knowingly permit the vehicle to

be operated upon a highway or other place open to the general

public or generally accessible to motor vehicles, including an area

designated for the parking of motor vehicles, within this state by

a person if any of the following apply:

(a) The person is under the influence of alcoholic liquor, a

controlled substance, or a combination of alcoholic liquor and a

controlled substance.

(b) The person has an alcohol content of 0.08 grams or more

per 100 milliliters of blood, per 210 liters of breath, or per 67

milliliters of urine or, beginning October 1, 2013, the person has

an alcohol content of 0.10 grams or more per 100 milliliters of

blood, per 210 liters of breath, or per 67 milliliters of urine.

visibly impaired due to the consumption of alcoholic liquor, a

controlled substance, or a combination of alcoholic liquor and a

controlled substance.

(3) A person, whether licensed or not, shall not operate a

vehicle upon a highway or other place open to the general public or

generally accessible to motor vehicles, including an area

designated for the parking of vehicles, within this state when, due

to the consumption of alcoholic liquor, a controlled substance, or

a combination of alcoholic liquor and a controlled substance, the

person's ability to operate the vehicle is visibly impaired. If a

person is charged with violating subsection (1), a finding of

guilty under this subsection may be rendered.

(4) A person, whether licensed or not, who operates a motor

vehicle in violation of subsection (1), (3), or (8) and by the

operation of that motor vehicle causes the death of another person

is guilty of a crime as follows:

(a) Except as provided in subdivision (b), the person is

guilty of a felony punishable by imprisonment for not more than 15

years or a fine of not less than $2,500.00 or more than $10,000.00,

or both. The judgment of sentence may impose the sanction permitted

under section 625n. If the vehicle is not ordered forfeited under

section 625n, the court shall order vehicle immobilization under

section 904d in the judgment of sentence.

(b) If, at the time of the violation, the person is operating

a motor vehicle in a manner proscribed under section 653a and

causes the death of a police officer, firefighter, or other

emergency response personnel, the person is guilty of a felony

punishable by imprisonment for not more than 20 years or a fine of

not less than $2,500.00 or more than $10,000.00, or both. This

subdivision applies regardless of whether the person is charged

with the violation of section 653a. The judgment of sentence may

impose the sanction permitted under section 625n. If the vehicle is

not ordered forfeited under section 625n, the court shall order

vehicle immobilization under section 904d in the judgment of

sentence.

(5) A person, whether licensed or not, who operates a motor

vehicle in violation of subsection (1), (3), or (8) and by the

operation of that motor vehicle causes a serious impairment of a

body function of another person is guilty of a felony punishable by

imprisonment for not more than 5 years or a fine of not less than

$1,000.00 or more than $5,000.00, or both. The judgment of sentence

may impose the sanction permitted under section 625n. If the

vehicle is not ordered forfeited under section 625n, the court

shall order vehicle immobilization under section 904d in the

judgment of sentence.

(6) A person who is less than 21 years of age, whether

licensed or not, shall not operate a vehicle upon a highway or

other place open to the general public or generally accessible to

motor vehicles, including an area designated for the parking of

vehicles, within this state if the person has any bodily alcohol

content. As used in this subsection, "any bodily alcohol content"

means either of the following:

(a) An alcohol content of 0.02 grams or more but less than

0.08 grams per 100 milliliters of blood, per 210 liters of breath,

or per 67 milliliters of urine, or, beginning October 1, 2013, the

person has an alcohol content of 0.02 grams or more but less than

0.10 grams per 100 milliliters of blood, per 210 liters of breath,

or per 67 milliliters of urine.

(b) Any presence of alcohol within a person's body resulting

from the consumption of alcoholic liquor, other than consumption of

alcoholic liquor as a part of a generally recognized religious

service or ceremony.

(7) A person, whether licensed or not, is subject to the

following requirements:

(a) He or she shall not operate a vehicle in violation of

subsection (1), (3), (4), (5), or (8) while another person who is

less than 16 years of age is occupying the vehicle. A person who

violates this subdivision is guilty of a crime punishable as

follows:

(i) Except as provided in subparagraph (ii), a person who

violates this subdivision is guilty of a misdemeanor and shall be

sentenced to pay a fine of not less than $200.00 or more than

$1,000.00 and to 1 or more of the following:

(A) Imprisonment for not less than 5 days or more than 1 year.

Not less than 48 hours of this imprisonment shall be served

consecutively. This term of imprisonment shall not be suspended.

(B) Community service for not less than 30 days or more than

90 days.

(ii) If the violation occurs within 7 years of a prior

conviction or after 2 or more prior convictions, regardless of the

number of years that have elapsed since any prior conviction, a

person who violates this subdivision is guilty of a felony and

shall be sentenced to pay a fine of not less than $500.00 or more

than $5,000.00 and to either of the following:

(A) Imprisonment under the jurisdiction of the department of

corrections for not less than 1 year or more than 5 years.

(B) Probation with imprisonment in the county jail for not

less than 30 days or more than 1 year and community service for not

less than 60 days or more than 180 days. Not less than 48 hours of

this imprisonment shall be served consecutively. This term of

imprisonment shall not be suspended.

(b) He or she shall not operate a vehicle in violation of

subsection (6) while another person who is less than 16 years of

age is occupying the vehicle. A person who violates this

subdivision is guilty of a misdemeanor punishable as follows:

(i) Except as provided in subparagraph (ii), a person who

violates this subdivision may be sentenced to 1 or more of the

following:

(A) Community service for not more than 60 days.

(B) A fine of not more than $500.00.

(ii) If the violation occurs within 7 years of a prior

conviction or after 2 or more prior convictions, regardless of the

number of years that have elapsed since any prior conviction, a

person who violates this subdivision shall be sentenced to pay a

fine of not less than $200.00 or more than $1,000.00 and to 1 or

more of the following:

(A) Imprisonment for not less than 5 days or more than 1 year.

Not less than 48 hours of this imprisonment shall be served

consecutively. This term of imprisonment shall not be suspended.

(B) Community service for not less than 30 days or more than

90 days.

(b)(i), the court may, unless the vehicle is ordered forfeited under

section 625n, order vehicle immobilization as provided in section

904d. In the judgment of sentence under subdivision (a)(ii) or

(b)(ii), the court shall, unless the vehicle is ordered forfeited

under section 625n, order vehicle immobilization as provided in

section 904d.

(d) This subsection does not prohibit a person from being

charged with, convicted of, or punished for a violation of

subsection (4) or (5) that is committed by the person while

violating this subsection. However, points shall not be assessed

under section 320a for both a violation of subsection (4) or (5)

and a violation of this subsection for conduct arising out of the

same transaction.

(8) A person, whether licensed or not, shall not operate a

vehicle upon a highway or other place open to the general public or

generally accessible to motor vehicles, including an area

designated for the parking of vehicles, within this state if the

person has in his or her body any amount of a controlled substance

listed in schedule 1 under section 7212 of the public health code,

1978 PA 368, MCL 333.7212, or a rule promulgated under that

section, or of a controlled substance described in section

7214(a)(iv) of the public health code, 1978 PA 368, MCL 333.7214.

(9) If a person is convicted of violating subsection (1) or

(8), all of the following apply:

(a) Except as otherwise provided in subdivisions (b) and (c),

the person is guilty of a misdemeanor punishable by 1 or more of

the following:

(i) Community service for not more than 360 hours.

(ii) Imprisonment for not more than 93 days, or, if the person

is convicted of violating subsection (1)(c), imprisonment for not

more than 180 days.

(iii) A fine of not less than $100.00 or more than $500.00, or,

if the person is guilty of violating subsection (1)(c), a fine of

not less than $200.00 or more than $700.00.

(b) If the violation occurs within 7 years of a prior

conviction, the person shall be sentenced to pay a fine of not less

than $200.00 or more than $1,000.00 and 1 or more of the following:

(i) Imprisonment for not less than 5 days or more than 1 year.

Not less than 48 hours of the term of imprisonment imposed under

this subparagraph shall be served consecutively.

(ii) Community service for not less than 30 days or more than

90 days.

regardless of the number of years that have elapsed since any prior

conviction, the person is guilty of a felony and shall be sentenced

to pay a fine of not less than $500.00 or more than $5,000.00 and

to either of the following:

(i) Imprisonment under the jurisdiction of the department of

corrections for not less than 1 year or more than 5 years.

(ii) Probation with imprisonment in the county jail for not

less than 30 days or more than 1 year and community service for not

less than 60 days or more than 180 days. Not less than 48 hours of

the imprisonment imposed under this subparagraph shall be served

consecutively.

(d) A term of imprisonment imposed under subdivision (b) or

(e) In the judgment of sentence under subdivision (a), the

court may order vehicle immobilization as provided in section 904d.

In the judgment of sentence under subdivision (b) or (c), the court

shall, unless the vehicle is ordered forfeited under section 625n,

order vehicle immobilization as provided in section 904d.

(f) In the judgment of sentence under subdivision (b) or (c),

the court may impose the sanction permitted under section 625n.

(10) A person who is convicted of violating subsection (2) is

guilty of a crime as follows:

(a) Except as provided in subdivisions (b) and (c), a

misdemeanor punishable by imprisonment for not more than 93 days or

a fine of not less than $100.00 or more than $500.00, or both.

(b) If the person operating the motor vehicle violated

subsection (4), a felony punishable by imprisonment for not more

than 5 years or a fine of not less than $1,500.00 or more than

$10,000.00, or both.

subsection (5), a felony punishable by imprisonment for not more

than 2 years or a fine of not less than $1,000.00 or more than

$5,000.00, or both.

(11) If a person is convicted of violating subsection (3), all

of the following apply:

(a) Except as otherwise provided in subdivisions (b) and (c),

the person is guilty of a misdemeanor punishable by 1 or more of

the following:

(i) Community service for not more than 360 hours.

(ii) Imprisonment for not more than 93 days.

(iii) A fine of not more than $300.00.

(b) If the violation occurs within 7 years of 1 prior

conviction, the person shall be sentenced to pay a fine of not less

than $200.00 or more than $1,000.00, and 1 or more of the

following:

(i) Imprisonment for not less than 5 days or more than 1 year.

Not less than 48 hours of the term of imprisonment imposed under

this subparagraph shall be served consecutively.

(ii) Community service for not less than 30 days or more than

90 days.

regardless of the number of years that have elapsed since any prior

conviction, the person is guilty of a felony and shall be sentenced

to pay a fine of not less than $500.00 or more than $5,000.00 and

either of the following:

(i) Imprisonment under the jurisdiction of the department of

corrections for not less than 1 year or more than 5 years.

(ii) Probation with imprisonment in the county jail for not

less than 30 days or more than 1 year and community service for not

less than 60 days or more than 180 days. Not less than 48 hours of

the imprisonment imposed under this subparagraph shall be served

consecutively.

(d) A term of imprisonment imposed under subdivision (b) or

(e) In the judgment of sentence under subdivision (a), the

court may order vehicle immobilization as provided in section 904d.

In the judgment of sentence under subdivision (b) or (c), the court

shall, unless the vehicle is ordered forfeited under section 625n,

order vehicle immobilization as provided in section 904d.

(f) In the judgment of sentence under subdivision (b) or (c),

the court may impose the sanction permitted under section 625n.

(12) If a person is convicted of violating subsection (6), all

of the following apply:

(a) Except as otherwise provided in subdivision (b), the

person is guilty of a misdemeanor punishable by 1 or both of the

following:

(i) Community service for not more than 360 hours.

(ii) A fine of not more than $250.00.

(b) If the violation occurs within 7 years of 1 or more prior

convictions, the person may be sentenced to 1 or more of the

following:

(i) Community service for not more than 60 days.

(ii) A fine of not more than $500.00.

(iii) Imprisonment for not more than 93 days.

(13) In addition to imposing the sanctions prescribed under

this section, the court may order the person to pay the costs of

the prosecution under the code of criminal procedure, 1927 PA 175,

MCL 760.1 to 777.69.

(14) A person sentenced to perform community service under

this section shall not receive compensation and shall reimburse the

state or appropriate local unit of government for the cost of

supervision incurred by the state or local unit of government as a

result of the person's activities in that service.

(15) If the prosecuting attorney intends to seek an enhanced

sentence under this section or a sanction under section 625n based

upon the defendant having 1 or more prior convictions, the

prosecuting attorney shall include on the complaint and

information, or an amended complaint and information, filed in

district court, circuit court, municipal court, or family division

of circuit court, a statement listing the defendant's prior

convictions.

(16) If a person is charged with a violation of subsection

(1), (3), (4), (5), (7), or (8) or section 625m, the court shall

not permit the defendant to enter a plea of guilty or nolo

contendere to a charge of violating subsection (6) in exchange for

dismissal of the original charge. This subsection does not prohibit

the court from dismissing the charge upon the prosecuting

attorney's motion.

(17) A prior conviction shall be established at sentencing by

1 or more of the following:

(a) A copy of a judgment of conviction.

(b) An abstract of conviction.

sentencing proceeding.

(d) A copy of a court register of actions.

(e) A copy of the defendant's driving record.

(f) Information contained in a presentence report.

(g) An admission by the defendant.

(18) Except as otherwise provided in subsection (20), if a

person is charged with operating a vehicle while under the

influence of a controlled substance or a combination of alcoholic

liquor and a controlled substance in violation of subsection (1) or

a local ordinance substantially corresponding to subsection (1),

the court shall require the jury to return a special verdict in the

form of a written finding or, if the court convicts the person

without a jury or accepts a plea of guilty or nolo contendere, the

court shall make a finding as to whether the person was under the

influence of a controlled substance or a combination of alcoholic

liquor and a controlled substance at the time of the violation.

(19) Except as otherwise provided in subsection (20), if a

person is charged with operating a vehicle while his or her ability

to operate the vehicle was visibly impaired due to his or her

consumption of a controlled substance or a combination of alcoholic

liquor and a controlled substance in violation of subsection (3) or

a local ordinance substantially corresponding to subsection (3),

the court shall require the jury to return a special verdict in the

form of a written finding or, if the court convicts the person

without a jury or accepts a plea of guilty or nolo contendere, the

court shall make a finding as to whether, due to the consumption of

a controlled substance or a combination of alcoholic liquor and a

controlled substance, the person's ability to operate a motor

vehicle was visibly impaired at the time of the violation.

(20) A special verdict described in subsections (18) and (19)

is not required if a jury is instructed to make a finding solely as

to either of the following:

(a) Whether the defendant was under the influence of a

controlled substance or a combination of alcoholic liquor and a

controlled substance at the time of the violation.

(b) Whether the defendant was visibly impaired due to his or

her consumption of a controlled substance or a combination of

alcoholic liquor and a controlled substance at the time of the

violation.

(21) If a jury or court finds under subsection (18), (19), or

(20) that the defendant operated a motor vehicle under the

influence of or while impaired due to the consumption of a

controlled substance or a combination of a controlled substance and

an alcoholic liquor, the court shall do both of the following:

(a) Report the finding to the secretary of state.

(b) On a form or forms prescribed by the state court

administrator, forward to the department of state police a record

that specifies the penalties imposed by the court, including any

term of imprisonment, and any sanction imposed under section 625n

or 904d.

(22) Except as otherwise provided by law, a record described

in subsection (21)(b) is a public record and the department of

state police shall retain the information contained on that record

for not less than 7 years.

(23) In a prosecution for a violation of subsection (6), the

defendant bears the burden of proving that the consumption of

alcoholic liquor was a part of a generally recognized religious

service or ceremony by a preponderance of the evidence.

(24) The court may order as a condition of probation that a

person convicted of violating subsection (1) or (8), or a local

ordinance substantially corresponding to subsection (1) or (8),

shall not operate a motor vehicle unless that vehicle is equipped

with an ignition interlock device approved, certified, and

installed as required under sections 625k and 625l.

(25) Subject to subsection (27), as used in this section,

"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 (26), a violation or

attempted violation of any of the following:

(i) This section, except a violation of ~~section 625(2)~~

subsection (2), or a violation of any prior enactment of this

section 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.

(26) Except for purposes of the enhancement described in

subsection (12)(b), only 1 violation or attempted violation of

subsection (6), a local ordinance substantially corresponding to

subsection (6), or a law of another state substantially

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

(27) If 2 or more convictions described in subsection (25) 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. 625b. (1) A person arrested for a misdemeanor violation

of section 625(1), (3), (6), (7), or (8) or section 625m or a local

ordinance substantially corresponding to section 625(1), (3), (6),

or (8) or section 625m shall be arraigned on the citation,

complaint, or warrant not more than 14 days after the arrest for

the violation or, if an arrest warrant is issued or reissued, not

more than 14 days after the issued or reissued arrest warrant is

served, whichever is later. The court shall not dismiss a case or

impose any other sanction for a failure to comply with this time

limit. The time limit does not apply to a violation of section

625(1), (3), (7), or (8) or section 625m punishable as a felony or

a violation of section 625(1), (3), (6), (7), or (8) or section

625m joined with a felony charge.

(2) The court shall schedule a pretrial conference between the

prosecuting attorney, the defendant, and the defendant's attorney

in each case in which the defendant is charged with a misdemeanor

violation of section 625(1), (3), (6), (7), or (8) or section 625m

or a local ordinance substantially corresponding to section 625(1),

(3), (6), or (8) or section 625m. The pretrial conference shall be

held not more than 35 days after the person's arrest for the

violation or, if an arrest warrant is issued or reissued, not more

than 35 days after the issued or reissued arrest warrant is served,

whichever is later. If the court has only 1 judge who sits in more

than 1 location in that district, the pretrial conference shall be

held not more than 42 days after the person's arrest for the

violation or, if an arrest warrant is issued or reissued, not more

than 42 days after the date the issued or reissued arrest warrant

is served, whichever is later. The court shall not dismiss a case

or impose any other sanction for a failure to comply with the

applicable time limit. The 35- and 42-day time limits do not apply

to a violation of section 625(1), (3), (7), or (8) or section 625m

punishable as a felony or a violation of section 625(1), (3), (6),

(7), or (8) or section 625m joined with a felony charge. The court

shall order the defendant to attend the pretrial conference and may

accept a plea by the defendant at the conclusion of the pretrial

conference. The court may adjourn the pretrial conference upon the

motion of a party for good cause shown. Not more than 1 adjournment

shall be granted to a party, and the length of an adjournment shall

not exceed 14 days.

(3) Except for delay attributable to the unavailability of the

defendant, a witness, or material evidence or due to an

interlocutory appeal or exceptional circumstances, but not a delay

caused by docket congestion, the court shall finally adjudicate, by

a plea of guilty or nolo contendere, entry of a verdict, or other

final disposition, a case in which the defendant is charged with a

misdemeanor violation of section 625(1), (3), (6), (7), or (8) or

section 625m or a local ordinance substantially corresponding to

section 625(1), (3), (6), or (8) or section 625m, within 77 days

after the person is arrested for the violation or, if an arrest

warrant is issued or reissued, not more than 77 days after the date

the issued or reissued arrest warrant is served, whichever is

later. The court shall not dismiss a case or impose any other

sanction for a failure to comply with this time limit. The 77-day

time limit does not apply to a violation of section 625(1), (3),

(7), or (8) or section 625m punishable as a felony or a violation

of section 625(1), (3), (6), (7), or (8) or section 625m joined

with a felony charge.

(4) Before accepting a plea of guilty or nolo contendere under

section 625 or a local ordinance substantially corresponding to

section 625(1), (2), (3), (6), or (8), the court shall advise the

accused of the maximum possible term of imprisonment and the

maximum possible fine that may be imposed for the violation and

shall advise the defendant that the maximum possible license

sanctions that may be imposed will be based upon the master driving

record maintained by the secretary of state under section 204a.

(5) Before imposing sentence for a violation of section

625(1), (3), (4), (5), (6), (7), or (8) or a local ordinance

substantially corresponding to section 625(1), (3), (6), or (8),

the court shall order the person to undergo screening and

assessment by a person or agency designated by the office of

substance abuse services to determine whether the person is likely

to benefit from rehabilitative services, including alcohol or drug

education and alcohol or drug treatment programs. Except as

otherwise provided in this subsection, the court may order the

person to participate in and successfully complete 1 or more

appropriate rehabilitative programs as part of the sentence. If the

person was convicted under section 625(1)(c) or has 1 or more prior

convictions, the court shall order the person to participate in and

successfully complete 1 or more appropriate rehabilitative programs

as part of the sentence, including, but not limited to, an alcohol

treatment program or a self-help program for a period of not less

than 1 year. The treatment plan shall be devised from an assessment

performed by an appropriately licensed alcohol assessor and

approved by the court. The person shall pay for the costs of the

screening, assessment, and rehabilitative services. This subsection

does not require the person to successfully complete an ordered

rehabilitative program before driving a vehicle with an ignition

interlock device on a restricted license.

(6) If the judgment and sentence are appealed to circuit

Senate Bill No. 1134 (H-1) as amended December 18, 2008

court, the court may ex parte order the secretary of state to stay

the suspension, revocation, or restricted license issued by the

secretary of state pending the outcome of the appeal.

Enacting section 1. This amendatory act does not take effect

unless House Bill No. 4289 of the 94th Legislature is enacted into

law.

Enacting section 2. This amendatory act takes effect [October]

31, 2010.