TAKING CMV OFFENSE UNDER ADVISEMENT S.B. 386:
SUMMARY OF INTRODUCED BILL
IN COMMITTEE
Senate Bill 386 (as introduced 6-9-15)
Sponsor: Senator Tom Casperson
CONTENT
The bill would amend the Michigan Vehicle Code to retain a provision that prohibits a court from taking under advisement an offense committed by a person while operating a commercial motor vehicle (CMV), or by a person licensed to drive a CMV while operating a noncommercial motor vehicle, and to delete language that will extend the prohibition to an offense committed by any driver of a motor vehicle beginning July 8, 2015.
The Code currently prohibits a court from taking under advisement an offense committed by a person while operating a commercial motor vehicle, or by a person licensed to drive a CMV while operating a noncommercial motor vehicle at the time of the offense, for which the Code requires a conviction or civil infraction determination to be reported to the Secretary of State. As amended by Public Act 11 of 2015, however, effective July 8, 2015, that provision will prohibit a court from taking under advisement an offense committed by any person while operating any motor vehicle, if the Code requires a conviction or civil infraction determination to be reported to the Secretary of State.
The bill would revise the amended language to retain the current prohibition that applies only to a person operating CMV or a person licensed to drive a CMV while operating a noncommercial motor vehicle at the time of the offense.
MCL 257.732 Legislative Analyst: Patrick Affholter
FISCAL IMPACT
The bill would have no fiscal impact on State or local government.
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.