SENATE BILL No. 795

September 9, 2009, Introduced by Senators BIRKHOLZ and CROPSEY and referred to the Committee on Judiciary.

A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending sections 303, 322, 625n, 732a, and 904d (MCL 257.303,

257.322, 257.625n, 257.732a, and 257.904d), sections 303, 732a, and

904d as amended by 2008 PA 463, section 322 as amended by 2008 PA

462, and section 625n as amended by 2008 PA 539.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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, a law of another state

substantially corresponding to a law of this state, or, beginning

October 31, 2010, 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 before October 31,

2010 or, beginning October 31, 2010, 626(2).

(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) 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 626(3) or (4),~~

section 653a(4), or section 904(4) or (5), or, beginning October

31, 2010, section 626(3) or (4).

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

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) 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~~ Except as otherwise provided under subsections (5) and

(6), 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 shall issue a restricted license to

an individual whose license was suspended or revoked for having 2

or more violations of section 625(1) or (3) after the individual's

license has been revoked for 45 days, if a judge who is sitting in

a DWI/sobriety court that is participating in the DWI/sobriety

court interlock pilot project certifies to the secretary of state

that both of the following conditions have been met:

(a) The individual has been admitted into a DWI/sobriety

court.

(b) An ignition interlock device approved, certified, and

installed as required under sections 625k and 625l has been

installed on each of the motor vehicles owned or operated, or both,

by the individual, except that the DWI/sobriety court judge has the

discretion to select the ignition interlock provider to install the

ignition interlock device from the list of ignition interlock

providers approved by the secretary of state under section 625k.

(6) A restricted license issued under subsection (5) permits

the person to whom it is issued to operate only the vehicle

equipped with an ignition interlock device and only for the purpose

of driving to or from any of the following locations:

(a) The person's place of work.

(b) The person's school.

(7) A restricted license issued under subsection (5) shall

allow the person to only operate a vehicle equipped with an

ignition interlock device, which shall remain installed on the

vehicle or any replacement vehicle until the secretary of state

issues an unrestricted license or it is ordered removed under

section 322(10). Following completion of the DWI/sobriety court

pilot program, the restricted license shall be revoked if any of

the following events occur:

(a) The person operates a motor vehicle without an ignition

interlock device.

(b) The person removes an ignition interlock device from the

vehicle.

or (3).

(8) All driver responsibility fees required to be assessed by

the secretary of state under section 732a shall be held in abeyance

for the first year that the participant is in possession of a

restricted license issued under subsection (5) while being involved

in the DWI/sobriety court pilot project. On the first anniversary

of being granted the restricted license, the driver responsibility

fees shall be assessed and paid pursuant to the payment schedule

described under section 732a.

(9) The vehicle of an individual admitted to the DWI/sobriety

court pilot project, whose vehicle would otherwise be subject to

immobilization or forfeiture under this act is exempt from either

vehicle immobilization or vehicle forfeiture under sections 625n

and 904d if the individual remains in good standing with the

DWI/sobriety court pilot project and successfully completes the

DWI/sobriety court program.

(10) ~~(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 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.

(11) ~~(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.

(12) ~~(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.

(13) ~~(8)~~ As used in this section: ~~, "felony~~

(a) "DWI/sobriety court" and "DWI/sobriety court pilot

project" mean those terms as described under section 1084 of the

revised judicature act of 1961, 1961 PA 236, MCL 600.1084.

(b) "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:

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

(ii) ~~(b)~~ The vehicle was used to transport a victim of the

felony.

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

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

felony.

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 ~~a properly installed and functioning~~ an ignition

interlock device that is approved, certified, and installed under

sections 625k and 625l and that, before October 31, 2010, meets or

exceeds the model specifications for breath alcohol ignition

interlock devices (BAIID), 57 FR p 11772 - 11787 (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.

(10) An ignition interlock device installed under section

303(5) shall not be removed until the hearing officer or

DWI/sobriety court orders its removal.

Sec. 625n. (1) Except as otherwise provided in this section

and section 303(9) and in addition to any other penalty provided

for in this act, the judgment of sentence for a conviction for a

violation of section 625(1) described in section 625(9)(b) or (c),

a violation of section 625(3) described in section 625(11)(b) or

(c), a violation of section 625(4), (5), or (7), or a violation of

section 904(4) or (5), or, beginning October 31, 2010, a violation

of section 626(3) or (4), may require 1 of the following with

regard to the vehicle used in the offense if the defendant owns the

vehicle in whole or in part or leases the vehicle:

(a) Forfeiture of the vehicle if the defendant owns the

vehicle in whole or in part.

(b) Return of the vehicle to the lessor if the defendant

leases the vehicle.

(2) The vehicle may be seized pursuant to an order of seizure

issued by the court having jurisdiction upon a showing of probable

cause that the vehicle is subject to forfeiture or return to the

lessor.

(3) The forfeiture of a vehicle is subject to the interest of

the holder of a security interest who did not have prior knowledge

of or consent to the violation.

(4) Within 14 days after the defendant's conviction for a

violation described in subsection (1), the prosecuting attorney may

file a petition with the court for the forfeiture of the vehicle or

to have the court order return of a leased vehicle to the lessor.

The prosecuting attorney shall give notice by first-class mail or

other process to the defendant and his or her attorney, to all

owners of the vehicle, and to any person holding a security

interest in the vehicle that the court may require forfeiture or

return of the vehicle.

(5) If a vehicle is seized before disposition of the criminal

proceedings, a defendant who is an owner or lessee of the vehicle

may move the court having jurisdiction over the proceedings to

require the seizing agency to file a lien against the vehicle and

to return the vehicle to the owner or lessee pending disposition of

the criminal proceedings. The court shall hear the motion within 7

days after the motion is filed. If the defendant establishes at the

hearing that he or she holds the legal title to the vehicle or that

he or she has a leasehold interest and that it is necessary for him

or her or a member of his or her family to use the vehicle pending

the outcome of the forfeiture action, the court may order the

seizing agency to return the vehicle to the owner or lessee. If the

court orders the return of the vehicle to the owner or lessee, the

court shall order the defendant to post a bond in an amount equal

to the retail value of the vehicle, and shall also order the

seizing agency to file a lien against the vehicle.

(6) Within 14 days after notice by the prosecuting attorney is

given under subsection (4), the defendant, an owner, lessee, or

holder of a security interest may file a claim of interest in the

vehicle with the court. Within 21 days after the expiration of the

period for filing claims, but before or at sentencing, the court

shall hold a hearing to determine the legitimacy of any claim, the

extent of any co-owner's equity interest, the liability of the

defendant to any co-lessee, and whether to order the vehicle

forfeited or returned to the lessor. In considering whether to

order forfeiture, the court shall review the defendant's driving

record to determine whether the defendant has multiple convictions

under section 625 or a local ordinance substantially corresponding

to section 625, or multiple suspensions, restrictions, or denials

under section 904, or both. If the defendant has multiple

convictions under section 625 or multiple suspensions,

restrictions, or denials under section 904, or both, that factor

shall weigh heavily in favor of forfeiture.

(7) If a vehicle is forfeited under this section, the unit of

government that seized the vehicle shall sell the vehicle pursuant

to the procedures under section 252g(1) and dispose of the proceeds

in the following order of priority:

(a) Pay any outstanding security interest of a secured party

who did not have prior knowledge of or consent to the commission of

the violation.

(b) Pay the equity interest of a co-owner who did not have

prior knowledge of or consent to the commission of the violation.

prosecution for the violation.

(d) Pay any outstanding accrued towing and storage fees.

(e) Pay the claim of each person who shows that he or she is a

victim of the violation to the extent that the claim is not covered

by an order of restitution.

(f) Pay any outstanding lien against the property that has

been imposed by a governmental unit.

(g) Pay the proper expenses of the proceedings for forfeiture

and sale, including, but not limited to, expenses incurred during

the seizure process and expenses for maintaining custody of the

property, advertising, and court costs.

(h) The balance remaining after the payment of items (a)

through (g) shall be distributed by the court having jurisdiction

over the forfeiture proceedings to the unit or units of government

substantially involved in effecting the forfeiture. Seventy-five

percent of the money received by a unit of government under this

subdivision shall be used to enhance enforcement of the criminal

laws and 25% of the money shall be used to implement the William

Van Regenmorter crime victim's rights act, 1985 PA 87, MCL 780.751

to 780.834. A unit of government receiving money under this

subdivision shall report annually to the department of management

and budget the amount of money received under this subdivision that

was used to enhance enforcement of the criminal laws and the amount

that was used to implement the William Van Regenmorter crime

victim's rights act, 1985 PA 87, MCL 780.751 to 780.834.

(8) The court may order the defendant to pay to a co-lessee

any liability determined under subsection (6). The order may be

enforced in the same manner as a civil judgment.

(9) The return of a vehicle to the lessor under this section

does not affect or impair the lessor's rights or the defendant's

obligations under the lease.

(10) A person who knowingly conceals, sells, gives away, or

otherwise transfers or disposes of a vehicle with the intent to

avoid forfeiture or return of the vehicle to the lessor under this

section is guilty of a misdemeanor punishable by imprisonment for

not more than 1 year or a fine of not more than $1,000.00, or both.

(11) The failure of the court or prosecutor to comply with any

time limit specified in this section does not preclude the court

from ordering forfeiture of a vehicle or its return to a lessor,

unless the court finds that the owner or claimant suffered

substantial prejudice as a result of that failure.

(12) The forfeiture provisions of this section do not preclude

the prosecuting attorney from pursuing a forfeiture proceeding

under any other law of this state or a local ordinance

substantially corresponding to this section.

Sec. 732a. (1) An individual, whether licensed or not, who

accumulates 7 or more points on his or her driving record pursuant

to sections 320a and 629c within a 2-year period for any violation

not listed under subsection (2) shall be assessed a $100.00 driver

responsibility fee. For each additional point accumulated above 7

points not listed under subsection (2), an additional fee of $50.00

shall be assessed. The secretary of state shall collect the fees

described in this subsection once each year that the point total on

an individual driving record is 7 points or more.

(2) An individual, whether licensed or not, who violates any

of the following sections or another law or local ordinance that

substantially corresponds to those sections shall be assessed a

driver responsibility fee as follows:

(a) Upon posting an abstract indicating that an individual has

been found guilty for a violation of law listed or described in

this subdivision, the secretary of state shall assess a $1,000.00

driver responsibility fee each year for 2 consecutive years:

(i) Manslaughter, negligent homicide, or a felony resulting

from the operation of a motor vehicle, ORV, or snowmobile.

(ii) Section 601b(2) or (3), 601c(1) or (2), ~~601d, 626(3) or~~

~~(4),~~ or 653a(3) or (4) or, beginning October 31, 2010, section 601d

or 626(3) or (4).

(iii) Section 625(1), (4), or (5), section 625m, or section

81134 of the natural resources and environmental protection act,

1994 PA 451, MCL 324.81134, or a law or ordinance substantially

corresponding to section 625(1), (4), or (5), section 625m, or

section 81134 of the natural resources and environmental protection

act, 1994 PA 451, MCL 324.81134.

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

accident when required by law.

(v) Fleeing or eluding an officer.

(b) Upon posting an abstract indicating that an individual has

been found guilty for a violation of law listed in this

subdivision, the secretary of state shall assess a $500.00 driver

responsibility fee each year for 2 consecutive years:

(i) Section 625(3), (6), (7), or (8).

(ii) Section 626 or, beginning October 31, 2010, section

626(2).

(iii) Section 904.

(iv) Section 3101, 3102(1), or 3103 of the insurance code of

1956, 1956 PA 218, MCL 500.3101, 500.3102, and 500.3103.

been found guilty for a violation of section 301, the secretary of

state shall assess a $150.00 driver responsibility fee each year

for 2 consecutive years.

(d) Upon posting an abstract indicating that an individual has

been found guilty or determined responsible for a violation listed

in section 328, the secretary of state shall assess a $200.00

driver responsibility fee each year for 2 consecutive years.

(3) The secretary of state shall send a notice of the driver

responsibility assessment, as prescribed under subsection (1) or

(2), to the individual by regular mail to the address on the

records of the secretary of state. If payment is not received

within 30 days after the notice is mailed, the secretary of state

shall send a second notice that indicates that if payment is not

received within the next 30 days, the driver's driving privileges

will be suspended.

(4) The secretary of state may authorize payment by

installment for a period not to exceed 24 months.

(5) Except as otherwise provided under this subsection, if

payment is not received or an installment plan is not established

after the time limit required by the second notice prescribed under

subsection (3) expires, the secretary of state shall suspend the

driving privileges until the assessment and any other fees

prescribed under this act are paid. However, if the individual's

license to operate a motor vehicle is not otherwise required under

this act to be denied, suspended, or revoked, the secretary of

state shall reinstate the individual's operator's driving

privileges if the individual requests an installment plan under

subsection (4) and makes proper payment under that plan. Fees

required to be paid for the reinstatement of an individual's

operator's driving privileges as described under this subsection

shall, at the individual's request, be included in the amount to be

paid under the installment plan. If the individual establishes a

payment plan as described in this subsection and subsection (4) but

fails to make full or timely payments under that plan, the

secretary of state shall suspend the individual's driving

privileges. The secretary of state shall only reinstate a license

under this subsection once.

(6) A fee shall not be assessed under this section for 7

points or more on a driving record on October 1, 2003. Points

assigned after October 1, 2003 shall be assessed as prescribed

under subsections (1) and (2).

(7) A driver responsibility fee shall be assessed under this

section in the same manner for a conviction or determination of

responsibility for a violation or an attempted violation of a law

of this state, of a local ordinance substantially corresponding to

a law of this state, or of a law of another state substantially

corresponding to a law of this state.

(8) The fire protection fund is created within the state

treasury. The state treasurer may receive money or other assets

from any source for deposit into the fund. The state treasurer

shall direct the investment of the fund. The state treasurer shall

credit to the fund interest and earnings from fund investments.

Money in the fund at the close of the fiscal year shall remain in

the fund and shall not lapse to the general fund. The department of

energy, labor, and economic growth shall expend money from the

fund, upon appropriation, only for fire protection grants to

cities, villages, and townships with state owned facilities for

fire services, as provided in 1977 PA 289, MCL 141.951 to 141.956.

(9) The secretary of state shall transmit the fees collected

under this section to the state treasurer. The state treasurer

shall credit fee money received under this section in each fiscal

year as follows:

(a) The first $65,000,000.00 shall be credited to the general

fund.

(b) If more than $65,000,000.00 is collected under this

section, the next amount collected in excess of $65,000,000.00 up

to $68,500,000.00 shall be credited to the fire protection fund

created in this section.

section, the next amount collected in excess of $100,000,000.00 up

to $105,000,000.00 shall be credited to the fire protection fund

created in this section.

(d) Any amount collected after crediting the amounts under

subdivisions (a), (b), and (c) shall be credited to the general

fund.

(10) The collection of assessments under this section is

subject to section 303(9).

Sec. 904d. (1) Vehicle immobilization applies as follows:

(a) For a conviction under section 625(1), (3), (7), or (8) or

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

(3) with no prior convictions, or, beginning October 31, 2010, for

a conviction under section 626(3) or (4), the court may order

vehicle immobilization for not more than 180 days.

(b) For a conviction under section 625(4) or (5) with no prior

convictions, the court shall order vehicle immobilization for not

more than 180 days.

or (8) within 7 years after a prior conviction, or, beginning

October 31, 2010, for a conviction under section 625l(2), the court

shall order vehicle immobilization for not less than 90 days or

more than 180 days.

(d) ~~For~~ Before October 31, 2010, for a conviction under

section 625(1), (3), (4), (5), (7), or (8) after 2 or more prior

convictions within 10 years, or, beginning October 31, 2010, for a

conviction under section 625(1), (3), (4), (5), (7), or (8) after 2

or more prior convictions, the court shall order vehicle

immobilization for not less than 1 year or more than 3 years.

(2) For a conviction or civil infraction determination

resulting from a violation that occurred during a period of

suspension, revocation, or denial, the following apply:

(a) Except as provided in subdivision (b), for 1 prior

suspension, revocation, or denial under section 904(10), (11), or

(12) or former section 904(2) or (4) within the past 7 years, the

court may order vehicle immobilization for not more than 180 days.

(b) Except as provided in subdivisions (c) and (d), if the

person is convicted under section 904(4) or (5), the court shall

order vehicle immobilization for not more than 180 days.

revocations, or denials under section 904(10), (11), or (12) or

former section 904(2) or (4) within the past 7 years, the court

shall order vehicle immobilization for not less than 90 days or

more than 180 days.

(d) For any combination of 4 or more prior suspensions,

revocations, or denials under section 904(10), (11), or (12) or

former section 904(2) or (4) within the past 7 years, the court

shall order vehicle immobilization for not less than 1 year or more

than 3 years.

(3) The defendant shall provide to the court the vehicle

identification number and registration plate number of the vehicle

involved in the violation.

(4) The court may order vehicle immobilization under this

section under either of the following circumstances:

(a) The defendant is the owner, co-owner, lessee, or co-lessee

of the vehicle operated during the violation.

(b) The owner, co-owner, lessee, or co-lessee knowingly

permitted the vehicle to be operated in violation of section 625(2)

or section 904(2) regardless of whether a conviction resulted.

(5) Except as otherwise provided in ~~subsection~~ subsections

(11) and (13), an order required to be issued under this section

shall not be suspended.

(6) If a defendant is ordered imprisoned for the violation for

which immobilization is ordered, the period of immobilization shall

begin at the end of the period of imprisonment.

(7) This section does not apply to any of the following:

(a) A suspension, revocation, or denial based on a violation

of the support and parenting time enforcement act, 1982 PA 295, MCL

552.601 to 552.650.

(b) A vehicle that is registered in another state or that is a

rental vehicle.

a local unit of government of this state.

(d) A vehicle not subject to registration under section 216.

(e) Any of the following:

(i) A violation of chapter II.

(ii) A violation of chapter V.

(iii) A violation for failure to change address.

(iv) A parking violation.

(v) A bad check violation.

(vi) An equipment violation.

(vii) A pedestrian, passenger, or bicycle violation, other than

a violation of section 703(1) or (2) of the Michigan liquor control

code of 1998, 1998 PA 58, MCL 436.1703, or a local ordinance

substantially corresponding to section 703(1) or (2) of the

Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1703, or

section 624a or 624b or a local ordinance substantially

corresponding to section 624a or 624b.

(viii) A violation of a local ordinance substantially

corresponding to a violation described in subparagraphs (i) to (vii).

(8) As used in this section:

(a) Subject to subsections (9) and (10), "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:

(i) Except as otherwise provided in subsection (10), a

violation or attempted violation of any of the following:

(A) 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.

(B) Section 625m.

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

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

crimes.

(iii) A Beginning October 31, 2010, a violation of section 601d

or section 626(3) or (4).

(b) "Vehicle immobilization" means requiring the motor vehicle

involved in the violation immobilized in a manner provided in

section 904e.

(9) If 2 or more convictions described in subsection (8)(a)

are convictions for violations arising out of the same incident,

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

a prior conviction.

(10) 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.

(11) If Beginning October 31, 2010, if the person obtains a

restricted operator's or chauffeur's license from the secretary of

state and an ignition interlock device is properly installed in the

vehicle, the court shall suspend the immobilization order issued

under subsection (1)(c) for a conviction under section 625l(2).

(12) ~~The~~ Beginning October 31, 2010, the court may reinstate

vehicle immobilization issued under subsection (1)(c) for a

conviction under section 625l(2) if an ignition interlock device is

tampered with, circumvented, or disabled, or if the person's

restricted operator's or chauffeur's license is suspended or

revoked.

(13) Vehicle immobilization under this section is subject to

section 303(9) if the defendant obtains a restricted license under

section 303(5).

Enacting section 1. This amendatory act does not take effect

unless Senate Bill No. 795

of the 95th Legislature is enacted into law.