SENATE BILL NO. 388
A bill to amend 1937 PA 10, entitled
"An act to define the use of travel aids by blind persons; to provide protection against accidents to such persons; to require instruction and examination in certain circumstances; and to provide penalties for violation hereof,"
by amending sections 1a, 2, and 3 (MCL 752.51a, 752.52, and 752.53), sections 1a and 2 as amended by 2002 PA 401 and section 3 as amended by 1986 PA 62.
the people of the state of michigan enact:
(a) "Blind" means a person an individual who has a visual acuity of 20/200 or less in the better eye with correction, or has limitation of his or her the individual's field of vision such that the widest diameter of the visual field subtends an angular distance not greater than 20 degrees.
(b) "Cane" means an aid used by a blind pedestrian for travel and identification purposes that is predominantly white or metallic in color with or without a red tip.
(c) "Crosswalk" means that term as defined in section 10 of the Michigan vehicle code, 1949 PA 300, MCL 257.10.
(d) "Dog guide" means a dog, in harness, that has been formally trained and that is used by a blind person as a travel aid."Service animal" means that term as defined in section 50a of the Michigan penal code, 1931 PA 328, MCL 750.50a.
(e) "Walker" means an aid used by a blind pedestrian for travel and identification purposes that is white in color or has white legs with or without a red tip.
Sec. 2. (1) A driver of a vehicle shall not approach a crosswalk or any other pedestrian crossing without taking all necessary precautions to avoid accident or injury to a blind pedestrian carrying a cane or using a dog guide service animal or walker.
(2) A driver who approaches a crosswalk or any other pedestrian crossing without taking all necessary precautions to avoid accident or injury to a blind pedestrian carrying a cane or using a dog guide service animal or walker is liable in damages for any injuries caused to the blind pedestrian. A blind pedestrian who does not carry a cane or use a dog guide service animal or walker has all of the rights and privileges conferred upon any other pedestrian by the laws of this state. The failure of a blind pedestrian to carry a cane or use a dog guide service animal or walker shall must not be treated as evidence of negligence in a civil action for injury to the blind pedestrian or for the blind pedestrian's wrongful death. A driver who approaches a crosswalk or any other pedestrian crossing without taking all necessary precautions to avoid accident or injury to a blind pedestrian carrying a cane or using a service animal or walker is subject to criminal penalties as provided under section 3.
(3) If a person alleges to a peace officer a violation of subsection (1), the peace officer shall investigate the alleged violation. The prosecuting attorney shall review the peace officer's investigative report to determine whether a violation of subsection (1) has occurred and whether to issue charges. Upon the request of the blind pedestrian and after reviewing the investigative report, a prosecuting attorney shall inform the blind pedestrian of his or her the prosecuting attorney's decision and the reason or reasons supporting that decision.
Sec. 3. (1) A Except as otherwise provided in subsections (2), (3), and (4), a person who that violates section 2(1) is guilty of a misdemeanor , punishable by imprisonment for not more than 90 days, or by a fine of not more less than $100.00 and not more than $500.00, or both.
(2) A person that violates section 2(1) in a grossly negligent manner causing injury to a blind pedestrian, or the blind pedestrian's service animal, is guilty of a misdemeanor punishable by imprisonment for not more than 1 year, a fine of not more than $1,000.00, or both.
(3) A person that violates section 2(1) in a grossly negligent manner causing the death of a blind pedestrian is guilty of a felony punishable by imprisonment for not more than 10 years, a fine of not more than $7,500.00, or both.
(4) A person that violates section 2(1) in a grossly negligent manner causing the death of a blind pedestrian's service animal is guilty of a felony punishable by imprisonment for not more than 5 years, a fine of not more than $7,500.00, or both.