SB-0436, As Passed Senate, September 12, 2017

SENATE BILL No. 436

June 7, 2017, Introduced by Senator SCHUITMAKER and referred to the Committee on Judiciary.

A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending section 304 (MCL 257.304), as amended by 2016 PA 32.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 304. (1) Except as provided in subsection (3), the

secretary of state shall issue a restricted license to a person

whose license was suspended or restricted under section 319 or

revoked or denied under section 303 based on either of the

following:

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

(3) or a local ordinance of this state substantially corresponding

to section 625(1) or (3).

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

local ordinance of this state substantially corresponding to

section 625(1) or (3), 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), or a law of the

United States substantially corresponding to section 625(1), (3),

or (6).

(2) A restricted license issued under subsection (1) ~~shall~~

must not be issued until after the person's operator's or

chauffeur's license has been suspended or revoked for 45 days and

the judge assigned to a DWI/sobriety court certifies to the

secretary of state that both of the following conditions have been

met:

(a) The person has been admitted into a DWI/sobriety court

program.

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

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

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

individual.

(3) A restricted license ~~shall~~ must not be issued under

subsection (1) if the person is otherwise ineligible for an

operator's or chauffeur's license under this act, unless the

person's ineligibility is based on 1 or more of the following:

(a) Section 303(1)(i) or (l).

(b) Section 303(2)(c)(i) or (iii).

(d) Section 319(4), (5), (6), (7), (8)(a) to (e), or (9).

(e) Section 319e(2)(a) or (b).

(f) Section 320(1)(d).

(g) Section 321a(1), (2), or (3).

(h) Section 323c.

(i) Section 625f.

(j) Section 732a(5).

(k) Section 904(10).

(l) Section 82105a(2) of the natural resources and

environmental protection act, 1994 PA 451, MCL 324.82105a.

(m) Section 3177 of the insurance code of 1956, 1956 PA 218,

MCL 500.3177.

(n) Section 10 of the motor vehicle claims act, 1965 PA 198,

MCL 257.1110.

(4) A restricted license issued under subsection (1) permits

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

equipped with an ignition interlock device described in subsection

(2)(b), to take any driving skills test required by the secretary

of state, and to drive to and from any combination of the following

locations or events:

(a) In the course of the person's employment or occupation if

the employment or occupation does not require a commercial driver

license.

(b) To and from any combination of the following:

(i) The person's residence.

(ii) The person's work location.

(iii) An alcohol, drug, or mental health education and

treatment as ordered by the court.

(iv) Alcoholics ~~anonymous, narcotics anonymous,~~ Anonymous,

Narcotics Anonymous, or other court-ordered self-help programs.

(v) Court hearings and probation appointments.

Senate Bill No. 436 as amended September 7, 2017

(vi) Court-ordered community service.

(vii) An educational institution at which the person is

enrolled as a student.

(viii) A place of regularly occurring medical treatment for a

serious condition or medical emergency for the person or a member

of the person's household or immediate family.

(ix) Alcohol or drug testing as ordered by the court.

(x) ~~Ignition~~ An ignition interlock service provider as

required.

<<(xi) At the discretion of the judge, the custodian of a minor child may drive to and from the facilities of a provider of day care services at which the custodian's minor child is enrolled, or an educational institution at which the custodian's minor child is

enrolled as a student for the purposes of classes, academic meetings

or conferences, and athletic or other extracurricular activities sanctioned by the educational institution in which the minor child

is a participant. As used in this subparagraph, "minor child" means

an individual who is less than 18 years of age.>>

(5) 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.

(6) Except as otherwise provided in this section, a restricted

license issued under subsection (1) is effective until a hearing

officer orders an unrestricted license under section 322. Subject

to subsection (7), the hearing officer shall not order an

unrestricted license until the later of the following events

occurs:

(a) The court notifies the secretary of state that the person

has successfully completed the DWI/sobriety court program.

(b) The minimum period of license sanction that would have

been imposed under section 303 or 319 but for this section has been

completed.

an ignition interlock device for not less than 1 year.

(d) The person satisfies the requirements of section 303 and R

257.313 of the Michigan ~~administrative code.~~Administrative Code.

(7) A hearing officer shall not issue an unrestricted license

for at least 1 year if either of the following applies:

(a) The hearing officer determines that the person consumed

any alcohol during the period that his or her license was

restricted under this section, as determined by breath, blood,

urine, or transdermal testing unless a second test, administered

within 5 minutes after administering the first test, showed an

absence of alcohol.

(b) The hearing officer determines that the person consumed or

otherwise used any controlled substance during the period that his

or her license was restricted under this section, except as

lawfully prescribed.

(8) In determining whether to order an unrestricted license

under subsection (6), the successful completion of the DWI/sobriety

court program and a certificate from the DWI/sobriety court judge

~~shall~~ must be considered positive evidence of the petitioner's

abstinence while the petitioner participated in the DWI/sobriety

court program. This subsection does not apply to a determination

made under subsection (7). As used in this subsection,

"certificate" includes, but is not limited to, a statement that the

participant has maintained a period of abstinence from alcohol for

not less than 6 months at the time the participant completed the

DWI/sobriety court program.

(9) If the secretary of state receives a notification from the

DWI/sobriety court under section ~~1084(6)~~ 1084(7) of the revised

judicature act of 1961, 1961 PA 236, MCL 600.1084, the secretary of

state shall summarily impose 1 of the following license sanctions,

as applicable:

(a) Suspension for the full length of time provided under

section 319(8). However, a restricted license ~~shall~~ must not be

issued as provided under section 319(8). This subdivision applies

if the underlying conviction or convictions would have subjected

the person to a license sanction under section 319(8) if this

section did not apply.

(b) A license revocation and denial for the full length of

time provided under section 303. The minimum period of license

revocation and denial imposed ~~shall~~ must be the same as if this

section did not apply. This subdivision applies if the underlying

conviction or convictions would have caused a license revocation

and denial under section 303 if this section did not apply.

(10) After the person completes the DWI/sobriety court

program, the following apply:

(a) The secretary of state shall postpone considering the

issuance of an unrestricted license under section 322 for a period

of 3 months for each act that would be a minor violation if the

person's license had been issued under section 322(6). As used in

this subdivision, "minor violation" means that term as defined in R

257.301a of the Michigan ~~administrative code.~~Administrative Code.

(b) The restricted license issued under this section ~~shall~~

must be suspended or revoked or denied as provided in subsection

(9), unless set aside under section 322(5), if any of the following

events occur:

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

interlock device that meets the criteria under subsection (2)(b).

(ii) The person removes, or causes to be removed, an ignition

interlock device from a vehicle he or she owns or operates unless

the secretary of state has authorized its removal under section

322a.

(iii) The person commits any other act that would be a major

violation if the person's license had been issued under section

322(6). As used in this subparagraph, "major violation" means that

term as defined in R 257.301a of the Michigan ~~administrative~~

~~code.~~Administrative Code.

(iv) The person is arrested for a violation of any of the

following:

(A) Section 625.

(B) A local ordinance of this state or another state

substantially corresponding to section 625.

section 625.

offense that requires the suspension, revocation, denial, or

cancellation of the person's operator's or chauffeur's license, the

restricted license issued under this section ~~shall~~ must be

suspended until the requisite period of license suspension,

revocation, denial, or cancellation, as appropriate, has elapsed.

(d) If the person has failed to pay any court-ordered fines or

costs that resulted from the operation of a vehicle, the restricted

license issued under this section ~~shall~~ must be suspended pending

payment of those fines and costs.

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

the secretary of state under section 732a for the conviction or

convictions that led to the restricted license under this section

~~shall~~ must be held in abeyance as follows:

(a) The fees ~~shall~~ must be held in abeyance during the time

the person has a restricted license under this section and is

participating in the DWI/sobriety court program.

(b) At the end of the person's participation in the

DWI/sobriety court program, the driver responsibility fees ~~shall~~

must be assessed and paid under the payment schedule described in

section 732a.

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

court program whose vehicle would otherwise be subject to

immobilization or forfeiture under this act is exempt from both

immobilization and forfeiture under sections 625n and 904d if both

of the following apply:

(a) The person is a DWI/sobriety court program participant in

good standing or the person successfully satisfactorily completes

the DWI/sobriety court program.

(b) The person does not subsequently violate a law of this

state for which vehicle immobilization or forfeiture is a sanction.

(13) This section only applies to individuals arrested for a

violation of section 625 on or after January 1, 2011.

(14) As used in this section:

(a) "DWI/sobriety court" means that term as defined in section

1084 of the revised judicature act of 1961, 1961 PA 236, MCL

600.1084. Beginning January 1, 2018, DWI/sobriety court includes

only a DWI/sobriety court that is certified by the state court

administrative office as provided in section 1084(3) of the revised

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

(b) "DWI/sobriety court program" means "program" as that term

is defined in section 1084 of the revised judicature act of 1961,

1961 PA 236, MCL 600.1084.

Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.

Enacting section 2. This amendatory act does not take effect

unless all of the following bills of the 99th Legislature are

enacted into law:

(a) Senate Bill No. 435.

(b) Senate Bill No. 437.