February 20, 2008, Introduced by Senator CROPSEY and referred to the Committee on Judiciary.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 319, 322, 625, and 625b (MCL 257.319, 257.322,
257.625, and 257.625b), 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 section 20b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 20b. "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.
(c) As its anticircumvention method, which is enabled, the
device installation uses a positive-negative-positive air pressure
test requirement, a 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. 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.
(c) A violation of section 1 of former 1931 PA 214, MCL
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).
(c) Malicious destruction resulting from the operation of a
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.
(c) For 30 days for a violation of section 625(6) 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.
(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 the longer of 1 year or until the person satisfies the
condition in subdivision (h) for a violation of section 625(1)(c)
if the person has no prior convictions within 7 years. The
secretary of state shall 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 minimum period for the
restricted license expires if the ignition interlock device
provider provides the department with verification that the person
has operated the vehicle for the most recent 6 continuous months
with no instances of reaching or exceeding a blood alcohol level of
0.025 grams per 210 liters of breath.
(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.
(c) Punish for contempt any witness failing to appear or
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.
(10) A person who is issued a restricted license requiring an
ignition interlock device shall not remove the device or cause the
device to be removed unless the department or the court 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.
(c) The person has an alcohol content of 0.15 grams or more
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.
(c) The person's ability to operate the motor vehicle is
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.
(C) Imprisonment for not more than 93 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 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.
(c) In the judgment of sentence under subdivision (a)(i) or
(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 Except as provided in
subsection (10), 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.
(iii) A fine of not less than $100.00 or more than $500.00.
(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.
(c) If the violation occurs after 2 or more prior convictions,
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
(c) shall not be suspended.
(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) If a person is convicted of violating subsection (1)(c),
the person is guilty of a misdemeanor punishable by 1 or more of
the following:
(a) Community service for not more than 360 hours.
(b) Imprisonment for not more than 180 days.
(c) A fine of not less than $200.00 or more than $700.00.
(11) (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.
(c) If the person operating the motor vehicle violated
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.
(12) (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.
(c) If the violation occurs after 2 or more prior convictions,
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
(c) shall not be suspended.
(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.
(13) (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.
(14) (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.
(15) (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.
(16) (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.
(17) (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.
(18) (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.
(c) A transcript of a prior trial or a plea-taking or
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.
(19) (18)
Except as otherwise provided in
subsection (20)
(21), 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.
(20) (19)
Except as otherwise provided in
subsection (20)
(21), 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.
(21) (20)
A special verdict described in
subsections (18) and
(19) and (20) 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.
(22) (21)
If a jury or court finds under
subsection (18),
(19),
or (20), or (21) 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.
(23) (22)
Except as otherwise provided by
law, a record
described
in subsection (21)(b) (22)(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.
(24) (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.
(25) (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.
(26) The court shall order that a person convicted of
violating subsection (1)(c) or a local ordinance substantially
corresponding to subsection (1)(c) 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. When a person is found guilty of a violation
described in this subsection by the court or by a jury, or the
court accepts a person's plea of guilty or of no contest to the
violation, the court shall order and inform the person that every
vehicle registered individually or jointly to the person shall be
equipped with an ignition interlock device not later than the time
of sentencing for that violation. At sentencing for the violation,
the court shall ascertain whether the vehicle is equipped with an
interlock device. A person who fails to comply with an order under
this subsection is guilty of contempt of court.
(27) (25)
Subject to subsection (27) (29),
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) (28), 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.
(28) (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.
(29) (27)
If 2 or more convictions described
in subsection
(25)
(27) 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
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
1, 2008.