HB-5273, As Passed House, December 17, 2009

SUBSTITUTE FOR

HOUSE BILL NO. 5273

A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

(MCL 600.101 to 600.9947) by adding section 1084.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1084. (1) A DWI/sobriety court interlock pilot project is

created utilizing the DWI/sobriety courts in this state and in

accordance with the provisions of this chapter. The DWI/sobriety

court interlock project shall begin on October 31, 2010 and shall

continue for a period of 3 years after that date.

(2) All DWI/sobriety courts that participate in the

DWI/sobriety court interlock pilot project shall comply with the 10

guiding principles of DWI courts as promulgated by the national

center for DWI courts.

(3) In order to be considered for placement in the pilot

program, an individual must have been convicted of either of the

following:

(a) Two or more convictions for violating section 625(1) or

(3) of the Michigan vehicle code, 1949 PA 300, MCL 257.625, or a

local ordinance of this state substantially corresponding to

section 625(1) or (3) of the Michigan vehicle code, 1949 PA 300,

MCL 257.625.

(b) One conviction for violating section 625(1) or (3) of the

Michigan vehicle code, 1949 PA 300, MCL 257.625, or a local

ordinance of this state substantially corresponding to section

625(1) or (3) of the Michigan vehicle code, 1949 PA 300, MCL

257.625, preceded by 1 or more convictions for violating a local

ordinance or law of another state substantially corresponding to

section 625(1), (3), or (6) of the Michigan vehicle code, 1949 PA

300, MCL 257.625, or a law of the United States substantially

corresponding to section 625(1), (3), or (6) of the Michigan

vehicle code, 1949 PA 300, MCL 257.625.

(4) Each year, all DWI/sobriety courts that participate in the

DWI/sobriety court interlock pilot project, in cooperation with the

state court administrative office, shall provide to the

legislature, the secretary of state, and the supreme court

documentation as to program participants' compliance with court

ordered conditions. Best practices available shall be used in the

research in question, as resources allow, so as to provide

statistically reliable data as to the impact of the pilot project

on public safety and the improvement of life conditions for program

participants. The topics documented shall include, but not be

House Bill No. 5273 (H-1) as amended December 17, 2009

limited to, all of the following:

(a) The percentage of those participants ordered to place

interlock devices on their vehicles who actually comply with the

order.

(b) The percentage of participants who remove court-ordered

interlocks from their vehicles without court approval.

controlled substances.

(d) The percentage of participants found to have tampered with

court-ordered interlocks.

(e) The percentage of participants who operated a motor

vehicle not equipped with an interlock.

(f) Relevant treatment information as to program participants.

(g) The percentage of persons convicted of a new offense under

section 625(1) or (3) of the Michigan vehicle code, 1949 PA 300,

MCL 257.625.

(h) Any other information found to be relevant.

(5) Before the secretary of state issues a restricted license

to a participant in the pilot project under section [304] of the

Michigan vehicle code, 1949 PA 300, MCL [257.304], the DWI/sobriety

court judge shall certify to the secretary of state that the

individual seeking the restricted license has been admitted into

the DWI/sobriety court and that an interlock device has been placed

on each motor vehicle owned or operated, or both, by the

individual.

(6) If any of the following occur, the DWI/sobriety court

judge shall immediately inform the secretary of state of that

House Bill No. 5273 (H-1) as amended December 17, 2009

occurrence:

(a) The court orders that a program participant be removed

from the DWI/sobriety court program before he or she successfully

completes it.

(b) The court becomes aware that a program participant

operates a motor vehicle that is not equipped with an interlock

device or that a program participant tampers with, circumvents, or

removes a court-ordered interlock device without prior court

approval.

section 625 of the Michigan vehicle code, 1949 PA 300, MCL 257.625.

(7) The receipt of notification by the secretary of state

under subsection (6) shall result in summary revocation of the

restricted license under section [304] of the Michigan vehicle code,

1949 PA 300, MCL [257.304], or suspension of the restricted license

under section 319 of the Michigan vehicle code, 1949 PA 300, MCL

257.319, as applicable.

(8) As used in this section:

(a) "DWI/sobriety courts" means the specialized court programs

established within judicial circuits and districts throughout this

state that are designed to reduce recidivism among alcohol

offenders and that comply with the 10 guiding principles of DWI

courts as promulgated by the national center for DWI courts.

(b) "Ignition interlock device" means that term as defined in

section 20d of the Michigan vehicle code, 1949 PA 300, MCL 257.20d.

Enacting section 1. This amendatory act does not take effect

unless House Bill No. 5274 of the 95th Legislature is enacted into