October 12, 2017, Introduced by Senator JONES and referred to the Committee on Judiciary.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 321a and 732 (MCL 257.321a and 257.732),
section 321a as amended by 2012 PA 13 and section 732 as amended by
2015 PA 11.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 321a. (1) A person who fails to answer a citation, or a
notice to appear in court for a violation reportable to the
secretary of state under section 732 or a local ordinance
substantially corresponding to a violation of a law of this state
reportable to the secretary of state under section 732, or for any
matter pending, or who fails to comply with an order or judgment of
the court, including, but not limited to, paying all fines, costs,
fees, and assessments, is guilty of a misdemeanor punishable by
imprisonment for not more than 93 days or a fine of not more than
$100.00, or both. A violation of this subsection or failure to
answer a citation or notice to appear for a violation of 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
a local ordinance substantially corresponding to either of those
sections shall not be considered a violation for any purpose under
section 320a.
(2) Except as provided in subsection (3), 28 days or more
after a person fails to answer a citation, or a notice to appear in
court for a violation reportable to the secretary of state under
section 732 or a local ordinance substantially corresponding to a
violation of a law of this state reportable to the secretary of
state under section 732, 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, the
court shall give notice by mail at the last known address of the
person that if the person fails to appear or fails to comply with
the order or judgment within 14 days after the notice is issued,
the secretary of state shall suspend the person's operator's or
chauffeur's license. If the person fails to appear or fails to
comply with the order or judgment within the 14-day period, the
court shall, within 14 days, inform the secretary of state, who
shall immediately suspend the license of the person. The secretary
of state shall immediately notify the person of the suspension by
regular mail at the person's last known address.
(3) If the person is charged with, or convicted of, a
violation of section 625 or a local ordinance substantially
corresponding to section 625(1), (2), (3), (6), or (8) and the
person fails to answer a citation or a 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, and crime victim rights assessments, the court shall
immediately give notice by first-class mail sent to the person's
last known address that if the person fails to appear within 7 days
after the notice is issued, or fails to comply with the order or
judgment of the court, including, but not limited to, paying all
fines, costs, and crime victim rights assessments, within 14 days
after the notice is issued, the secretary of state shall suspend
the person's operator's or chauffeur's license. If the person fails
to appear within the 7-day period, or fails to comply with the
order or judgment of the court, including, but not limited to,
paying all fines, costs, and crime victim rights assessments,
within the 14-day period, the court shall immediately inform the
secretary of state who shall immediately suspend the person's
operator's or chauffeur's license and notify the person of the
suspension by first-class mail sent to the person's last known
address.
(4) If the person is charged with, or convicted of, a
violation of section 33b(1) of former 1933 (Ex Sess) PA 8, section
703(1)
703(1)(b) or (c) of the Michigan liquor control code of
1998, 1998 PA 58, MCL 436.1703, section 624a, section 624b, or a
local ordinance substantially corresponding to those sections and
the person fails to answer a citation or a notice to appear in
court issued under section 33b of former 1933 (Ex Sess) PA 8,
section 703 of the Michigan liquor control code of 1998, 1998 PA
58, MCL 436.1703, section 624a, section 624b, or a local ordinance
substantially corresponding to those sections or fails to comply
with an order or judgment of the court issued under section 33b of
former 1933 (Ex Sess) PA 8, section 703 of the Michigan liquor
control code of 1998, 1998 PA 58, MCL 436.1703, section 624a,
section 624b, or a local ordinance substantially corresponding to
those sections including, but not limited to, paying all fines and
costs, the court shall immediately give notice by first-class mail
sent to the person's last known address that if the person fails to
appear within 7 days after the notice is issued, or fails to comply
with the order or judgment of the court, including, but not limited
to, paying all fines and costs, within 14 days after the notice is
issued, the secretary of state shall suspend the person's
operator's or chauffeur's license. If the person fails to appear
within the 7-day period, or fails to comply with the order or
judgment of the court, including, but not limited to, paying all
fines and costs, within the 14-day period, the court shall
immediately inform the secretary of state who shall immediately
suspend the person's operator's or chauffeur's license and notify
the person of the suspension by first-class mail sent to the
person's last known address.
(5) A suspension imposed under subsection (2) or (3) remains
in effect until both of the following occur:
(a) The secretary of state is notified by each court in which
the person failed to answer a citation or notice to appear or
failed to pay a fine or cost that the person has answered that
citation or notice to appear or paid that fine or cost.
(b) The person has paid to the court a $45.00 driver license
clearance fee for each failure to answer a citation or failure to
pay a fine or cost.
(6) The court shall not notify the secretary of state, and the
secretary of state shall not suspend the person's license, if the
person fails to appear in response to a citation issued for, or
fails to comply with an order or judgment involving 1 or more of
the following infractions:
(a) The parking or standing of a vehicle.
(b) A pedestrian, passenger, or bicycle violation, other than
a violation of section 33b(1) or (2) of former 1933 (Ex Sess) PA 8,
section 703(1) or (2) of the Michigan liquor control code of 1998,
1998 PA 58, MCL 436.1703, section 624a or 624b, or a local
ordinance substantially corresponding to section 33b(1) or (2) of
former 1933 (Ex Sess) PA 8, section 703(1) or (2) of the Michigan
liquor control code of 1998, 1998 PA 58, MCL 436.1703, or section
624a or 624b.
(7) The court may notify a person who has done either of the
following, that if the person does not appear within 10 days after
the notice is issued, the court will inform the secretary of state
of the person's failure to appear:
(a) Failed to answer 2 or more parking violation notices or
citations for violating a provision of this act or an ordinance
substantially corresponding to a provision of this act pertaining
to parking for persons with disabilities.
(b) Failed to answer 3 or more parking violation notices or
citations regarding illegal parking or, beginning January 1, 2018,
failed to answer 6 or more parking violation notices or citations
regarding illegal parking.
(8) The secretary of state, upon being informed of the failure
of a person to appear or comply as provided in subsection (7),
shall not issue a license to the person or renew a license for the
person until both of the following occur:
(a) The court informs the secretary of state that the person
has resolved all outstanding matters regarding the notices or
citations.
(b) The person has paid to the court a $45.00 driver license
clearance fee. If the court determines that the person is
responsible for only 1 parking violation under subsection (7)(a) or
less than 3 parking violations under subsection (7)(b), or,
beginning January 1, 2018, less than 6 parking violations under
subsection (7)(b), for which the person's license was not issued or
renewed under this subsection, the court may waive payment of the
fee.
(9)
Not Except for the
violations described in subsection (4)
that require the court to provide notice as required in subsection
(4), not less than 28 days after a person fails to appear in
response to a citation issued for, or fails to comply with an order
or judgment involving, a state civil infraction described in
chapter 88 of the revised judicature act of 1961, 1961 PA 236, MCL
600.8801 to 600.8835, the court shall give notice by ordinary mail,
addressed to the person's last known address, that if the person
fails to appear or fails to comply with the order or judgment
described in this subsection within 14 days after the notice is
issued, the court will give to the secretary of state notice of
that failure. Upon receiving notice of that failure, the secretary
of state shall not issue or renew an operator's or chauffeur's
license for the person until both of the following occur:
(a) The court informs the secretary of state that the person
has resolved all outstanding matters regarding each notice or
citation.
(b) The person has paid to the court a $45.00 driver license
clearance fee. If the court determines that the person is not
responsible for any violation for which the person's license was
not issued or renewed under this subsection, the court shall waive
the fee.
(10) For the purposes of subsections (5)(a), (8)(a), and
(9)(a), the court shall give to the person a copy of the
information being transmitted to the secretary of state. Upon
showing
that copy, the person shall must
not be arrested or issued
a citation for driving on a suspended license, on an expired
license, or without a license on the basis of any matter resolved
under subsection (5)(a), (8)(a), or (9)(a), even if the information
being sent to the secretary of state has not yet been received or
recorded by the department.
(11) For each fee received under subsection (5)(b), (8)(b), or
(9)(b), the court shall transmit the following amounts on a monthly
basis:
(a) Fifteen dollars to the secretary of state. The funds
received
by the secretary of state under this subdivision shall
must
be deposited in the state general fund
and shall must be used
to defray the expenses of the secretary of state in processing the
suspension and reinstatement of driver licenses under this section.
(b) Fifteen dollars to 1 of the following, as applicable:
(i) If the matter is before the circuit court, to the
treasurer of the county for deposit in the general fund.
(ii) If the matter is before the district court, to the
treasurer of the district funding unit for that court, for deposit
in the general fund. As used in this section, "district funding
unit" means that term as defined in section 8104 of the revised
judicature act of 1961, 1961 PA 236, MCL 600.8104.
(iii) If the matter is before a municipal court, to the
treasurer of the city in which the municipal court is located, for
deposit in the general fund.
(c) Fifteen dollars to the juror compensation reimbursement
fund created in section 151d of the revised judicature act of 1961,
1961 PA 236, MCL 600.151d.
(12) Section 819 does not apply to a reinstatement fee
collected for an operator's or chauffeur's license that is not
issued or renewed under section 8827 of the revised judicature act
of 1961, 1961 PA 236, MCL 600.8827.
(13) The secretary of state shall immediately suspend the
operator's and chauffeur's license of a person licensed to operate
a commercial motor vehicle, or a person who operates a commercial
motor vehicle without a license to operate that vehicle, if the
person fails to answer an out-state citation, or a notice to appear
in a court or an authorized administrative tribunal for a violation
reportable to the secretary of state under section 732, or fails to
comply with an order or judgment of an out-state court or an
authorized administrative tribunal reportable to the secretary of
state under section 732, or fails to appear or fails to comply with
the out-state court or an authorized administrative tribunal order
or judgment reportable to the secretary of state under section 732,
including, but not limited to, paying all fines, costs, fees, and
assessments. For a suspension imposed under this subsection, the
secretary of state shall immediately notify the person of the
suspension by regular mail at the person's last known address.
(14) A suspension imposed under subsection (13) remains in
effect until the secretary of state is notified by the court or
authorized administrative tribunal of the other state in which the
person failed to answer a citation, or notice to appear, or failed
to pay a fine or cost, that the person has answered that citation
or notice to appear or has paid the fine or cost.
(15) The secretary of state shall not suspend the person's
license under subsection (13) if the person fails to appear in
response to a citation issued for, or fails to comply with an order
or judgment involving, the parking or standing of a vehicle.
(16) The secretary of state, upon being informed of the
failure of a person to appear or comply as provided in subsection
(13), shall not issue a license to the person or renew a license
for the person until the court or authorized administrative
tribunal of the other state informs the secretary of state that the
person has resolved all outstanding matters regarding the notices,
orders, or citations.
Sec. 732. (1) Each municipal judge and each clerk of a court
of record shall keep a full record of every case in which a person
is charged with or cited for a violation of this act or a local
ordinance substantially corresponding to this act regulating the
operation of vehicles on highways and with those offenses
pertaining to the operation of ORVs or snowmobiles for which points
are assessed under section 320a(1)(c) or (i). Except as provided in
subsection (16), the municipal judge or clerk of the court of
record shall prepare and forward to the secretary of state an
abstract of the court record as follows:
(a) Not more than 5 days after a conviction, forfeiture of
bail, or entry of a civil infraction determination or default
judgment upon a charge of or citation for violating or attempting
to violate this act or a local ordinance substantially
corresponding to this act regulating the operation of vehicles on
highways.
(b) Immediately for each case charging a violation of section
625(1), (3), (4), (5), (6), (7), or (8) or section 625m or a local
ordinance substantially corresponding to section 625(1), (3), (6),
or (8) or section 625m in which the charge is dismissed or the
defendant is acquitted.
(c) Immediately for each case charging a violation of section
82127(1)
or (3) , or
81134 , or 81135 of the natural resources and
environmental
protection act, 1994 PA 451, MCL 324.82127 , and
324.81134,
and 324.81135, or a local ordinance substantially
corresponding to those sections.
(2) If a city or village department, bureau, or person is
authorized to accept a payment of money as a settlement for a
violation of a local ordinance substantially corresponding to this
act, the city or village department, bureau, or person shall send a
full report of each case in which a person pays any amount of money
to the city or village department, bureau, or person to the
secretary of state upon a form prescribed by the secretary of
state.
(3)
The abstract or report required under this section shall
must be made upon a form furnished by the secretary of state. An
abstract
shall must be certified by signature, stamp, or facsimile
signature of the person required to prepare the abstract as
correct.
An abstract or report shall must
include all of the
following:
(a) The name, address, and date of birth of the person charged
or cited.
(b) The number of the person's operator's or chauffeur's
license, if any.
(c) The date and nature of the violation.
(d) The type of vehicle driven at the time of the violation
and, if the vehicle is a commercial motor vehicle, that vehicle's
group designation.
(e) The date of the conviction, finding, forfeiture, judgment,
or civil infraction determination.
(f) Whether bail was forfeited.
(g) Any license restriction, suspension, or denial ordered by
the court as provided by law.
(h) The vehicle identification number and registration plate
number of all vehicles that are ordered immobilized or forfeited.
(i) Other information considered necessary to the secretary of
state.
(4) The clerk of the court also shall forward an abstract of
the court record to the secretary of state upon a person's
conviction or, for the purposes of subdivision (d), a finding or
admission of responsibility, involving any of the following:
(a) A violation of section 413, 414, or 479a of the Michigan
penal code, 1931 PA 328, MCL 750.413, 750.414, and 750.479a.
(b) A violation of section 1 of former 1931 PA 214.
(c) Negligent homicide, manslaughter, or murder resulting from
the operation of a vehicle.
(d) A violation of sections 701(1) and 703 of the Michigan
liquor control code of 1998, 1998 PA 58, MCL 436.1701 and 436.1703,
or a local ordinance substantially corresponding to those sections.
(e) A violation of section 411a(2) of the Michigan penal code,
1931 PA 328, MCL 750.411a.
(f) A violation of motor carrier safety regulations 49 CFR
392.10 or 392.11 as adopted by section 1a of the motor carrier
safety act of 1963, 1963 PA 181, MCL 480.11a.
(g) A violation of section 57 of the pupil transportation act,
1990 PA 187, MCL 257.1857.
(h)
A violation of motor carrier safety regulations 49 CFR
392.10
or 392.11 as adopted by section 31 of the motor bus
transportation
act, 1982 PA 432, MCL 474.131.
(h) (i)
An attempt to violate, a conspiracy
to violate, or a
violation of part 74 of the public health code, 1978 PA 368, MCL
333.7401 to 333.7461, or a local ordinance that prohibits conduct
prohibited under part 74 of the public health code, 1978 PA 368,
MCL 333.7401 to 333.7461, unless the convicted person is sentenced
to life imprisonment or a minimum term of imprisonment that exceeds
1 year for the offense.
(i) (j)
An attempt to commit an offense
described in
subdivisions
(a) to (h).(g).
(j) (k)
A violation of chapter LXXXIII-A of
the Michigan penal
code, 1931 PA 328, MCL 750.543a to 750.543z.
(k) (l) A
violation of section 3101, 3102(1), or 3103 of the
insurance code of 1956, 1956 PA 218, MCL 500.3101, 500.3102, and
500.3103.
(l) (m)
A violation listed as a
disqualifying offense under 49
CFR 383.51.
(5) The clerk of the court shall also forward an abstract of
the court record to the secretary of state if a person has pled
guilty to, or offered a plea of admission in a juvenile proceeding
for, a violation of section 703 of the Michigan liquor control code
of 1998, 1998 PA 58, MCL 436.1703, or a local ordinance
substantially corresponding to that section, and has had further
proceedings deferred under that section. If the person is sentenced
to a term of probation and terms and conditions of probation are
fulfilled and the court discharges the individual and dismisses the
proceedings, the court shall also report the dismissal to the
secretary of state.
(6) As used in subsections (7) to (9), "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:
(a) The vehicle was used as an instrument of the felony.
(b) The vehicle was used to transport a victim of the felony.
(c) The vehicle was used to flee the scene of the felony.
(d) The vehicle was necessary for the commission of the
felony.
(7) If a person is charged with a felony in which a motor
vehicle was used, other than a felony specified in subsection (4)
or section 319, the prosecuting attorney shall include the
following statement on the complaint and information filed in
district or circuit court:
"You are charged with the commission of a felony in which a
motor vehicle was used. If you are convicted and the judge finds
that the conviction is for a felony in which a motor vehicle was
used, as defined in section 319 of the Michigan vehicle code, 1949
PA 300, MCL 257.319, your driver's license shall be suspended by
the secretary of state.".
(8) If a juvenile is accused of an act, the nature of which
constitutes a felony in which a motor vehicle was used, other than
a felony specified in subsection (4) or section 319, the
prosecuting attorney or family division of circuit court shall
include the following statement on the petition filed in the court:
"You are accused of an act the nature of which constitutes a
felony in which a motor vehicle was used. If the accusation is
found to be true and the judge or referee finds that the nature of
the act constitutes a felony in which a motor vehicle was used, as
defined in section 319 of the Michigan vehicle code, 1949 PA 300,
MCL 257.319, your driver's license shall be suspended by the
secretary of state.".
(9) If the court determines as part of the sentence or
disposition that the felony for which the person was convicted or
adjudicated and with respect to which notice was given under
subsection (7) or (8) is a felony in which a motor vehicle was
used, the clerk of the court shall forward an abstract of the court
record of that conviction to the secretary of state.
(10) As used in subsections (11) and (12), "felony in which a
commercial motor vehicle was used" means a felony during the
commission of which the person operated a commercial motor vehicle
and while the person was operating the vehicle 1 or more of the
following circumstances existed:
(a) The vehicle was used as an instrument of the felony.
(b) The vehicle was used to transport a victim of the felony.
(c) The vehicle was used to flee the scene of the felony.
(d) The vehicle was necessary for the commission of the
felony.
(11) If a person is charged with a felony in which a
commercial motor vehicle was used and for which a vehicle group
designation on a license is subject to suspension or revocation
under section 319b(1)(c)(iii), 319b(1)(d), 319b(1)(e)(iii), or
319b(1)(f)(i), the prosecuting attorney shall include the following
statement on the complaint and information filed in district or
circuit court:
"You are charged with the commission of a felony in which a
commercial motor vehicle was used. If you are convicted and the
judge finds that the conviction is for a felony in which a
commercial motor vehicle was used, as defined in section 319b of
the Michigan vehicle code, 1949 PA 300, MCL 257.319b, all vehicle
group designations on your driver's license shall be suspended or
revoked by the secretary of state.".
(12) If the judge determines as part of the sentence that the
felony for which the defendant was convicted and with respect to
which notice was given under subsection (11) is a felony in which a
commercial motor vehicle was used, the clerk of the court shall
forward an abstract of the court record of that conviction to the
secretary of state.
(13) Every person required to forward abstracts to the
secretary of state under this section shall certify for the period
from January 1 through June 30 and for the period from July 1
through December 31 that all abstracts required to be forwarded
during
the period have been forwarded. The certification shall must
be filed with the secretary of state not later than 28 days after
the end of the period covered by the certification. The
certification
shall must be made upon a form furnished by the
secretary
of state and shall must include all of the following:
(a) The name and title of the person required to forward
abstracts.
(b) The court for which the certification is filed.
(c) The time period covered by the certification.
(d) The following statement:
"I certify that all abstracts required by section 732 of the
Michigan vehicle code, MCL 257.732; MSA 9.2432, for the period
________________ through ______________ have been forwarded to the
secretary of state.".
(e) Other information the secretary of state considers
necessary.
(f) The signature of the person required to forward abstracts.
(14) The failure, refusal, or neglect of a person to comply
with this section constitutes misconduct in office and is grounds
for removal from office.
(15) Except as provided in subsection (16), the secretary of
state shall keep all abstracts received under this section at the
secretary
of state's main office and the abstracts shall must be
open
available for public inspection during the office's usual
business
hours. Each abstract shall must
be entered upon the master
driving record of the person to whom it pertains.
(16) Except for controlled substance offenses described in
subsection (4), the court shall not submit, and the secretary of
state shall discard and not enter on the master driving record, an
abstract for a conviction or civil infraction determination for any
of the following violations:
(a) The parking or standing of a vehicle.
(b) A nonmoving violation that is not the basis for the
secretary of state's suspension, revocation, or denial of an
operator's or chauffeur's license.
(c) A violation of chapter II that is not the basis for the
secretary of state's suspension, revocation, or denial of an
operator's or chauffeur's license.
(d) 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.
(e) A violation of section 710e or a local ordinance
substantially corresponding to section 710e.
(f) A violation of section 328(1) if, before the appearance
date on the citation, the person submits proof to the court that
the motor vehicle had insurance meeting the requirements of
sections 3101 and 3102 of the insurance code of 1956, 1956 PA 218,
MCL 500.3101 and 500.3102, at the time the citation was issued.
Insurance obtained subsequent to the time of the violation does not
make the violation an exception under this subsection.
(g) A violation described in section 319b(10)(b)(vii) if,
before the court appearance date or date fines are to be paid, the
person submits proof to the court that he or she held a valid
commercial driver license on the date the citation was issued.
(h) A violation of section 311 if the person was driving a
noncommercial vehicle and, before the court appearance date or the
date fines are to be paid, the person submits proof to the court
that he or she held a valid driver license on the date the citation
was issued.
(i) A violation of section 602b(1) or 602c.
(17) Except as otherwise provided in this subsection, the
secretary of state shall discard and not enter on the master
driving record an abstract for a bond forfeiture that occurred
outside this state. The secretary of state shall enter on the
master driving record an abstract for a conviction as defined in
section 8a(b) that occurred outside this state in connection with
the operation of a commercial motor vehicle or for a conviction of
a person licensed as a commercial motor vehicle driver.
(18) The secretary of state shall inform the courts of this
state of the nonmoving violations and violations of chapter II that
are used by the secretary of state as the basis for the suspension,
restriction, revocation, or denial of an operator's or chauffeur's
license.
(19) If a conviction or civil infraction determination is
reversed upon appeal, the person whose conviction or determination
has been reversed may serve on the secretary of state a certified
copy of the order of reversal. The secretary of state shall enter
the order in the proper book or index in connection with the record
of the conviction or civil infraction determination.
(20) The secretary of state may permit a city or village
department, bureau, person, or court to modify the requirement as
to the time and manner of reporting a conviction, civil infraction
determination, or settlement to the secretary of state if the
modification will increase the economy and efficiency of collecting
and utilizing the records. If the permitted abstract of court
record reporting a conviction, civil infraction determination, or
settlement originates as a part of the written notice to appear,
authorized in section 728(1) or 742(1), the form of the written
notice
and report shall must be as prescribed by the secretary of
state.
(21) Notwithstanding any other law of this state, a court
shall not take under advisement an offense committed by a person
while operating a motor vehicle for which this act requires a
conviction or civil infraction determination to be reported to the
secretary of state. A conviction or civil infraction determination
that
is the subject of this subsection shall must not be masked,
delayed, diverted, suspended, or suppressed by a court. Upon a
conviction or civil infraction determination, the conviction or
civil
infraction determination shall must
immediately be reported
to the secretary of state in accordance with this section.
(22) Except as provided in this act and notwithstanding any
other provision of law, a court shall not order expunction of any
violation reportable to the secretary of state under this section.
Enacting section 1. This amendatory act takes effect January
1, 2018.