January 8, 2014, Introduced by Reps. Schor, Lamonte, Driskell, Kivela, Dianda, Zemke, Schmidt, Rogers and Pscholka and referred to the Committee on Transportation and Infrastructure.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 303 and 319 (MCL 257.303 and 257.319), section
303 as amended by 2012 PA 498 and section 319 as amended by 2012 PA
306.
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.
(c) A person whose license is suspended, revoked, denied, or
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. 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.
(o) A person not licensed under this act who has received a
juvenile disposition for the willful and repeated absence from
school or other learning program. Upon notification by the court
under section 2f of chapter XIIA of the probate code of 1939, 1939
PA 288, MCL 712A.2f, the secretary of state shall deny issuance of
a license to the person for 6 months from the date of disposition.
(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.
(c) Any combination of 2 convictions within 7 years for any of
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) Except as otherwise provided under section 304, 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.
(c) The person meets the requirements of the department.
(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.
(6) The secretary of state shall deny issuance of a vehicle
group designation to a person under either of the following
circumstances:
(a) The person has been disqualified by the United States
secretary of transportation from operating a commercial motor
vehicle.
(b)
Beginning on and after January 30, 2012, the The person
does not meet the requirements of the federal regulations under
parts 383 and 391 by refusing to certify the type of commercial
motor vehicle operation the person intends to perform and, if
required, fails to present to the secretary of state a valid
medical certification.
(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.
(8) As used in this section, "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.
Sec. 319. (1) The secretary of state shall immediately suspend
a person's license as provided in this section upon receiving a
record of the person's conviction for a crime described in this
section, whether the conviction is 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.
(2) The secretary of state shall suspend the person's license
for 1 year for any of the following crimes:
(a) Fraudulently altering or forging documents pertaining to
motor vehicles in violation of section 257.
(b) A violation of section 413 of the Michigan penal code,
1931 PA 328, MCL 750.413.
(c)
A violation of section 1 of former 1931 PA 214 , MCL
752.191,
or former section 626c.
(d) A felony in which a motor vehicle was used. As used in
this section, "felony in which a motor vehicle was used" means a
felony during the commission of which the person convicted 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) The vehicle was used as an instrument of the felony.
(ii) The vehicle was used to transport a victim of the felony.
(iii) The vehicle was used to flee the scene of the felony.
(iv) The vehicle was necessary for the commission of the
felony.
(e) A violation of section 602a(2) or (3) of this act or
section 479a(2) or (3) of the Michigan penal code, 1931 PA 328, MCL
750.479a.
(f)
Beginning October 31, 2010, a A
violation of section 601d.
(3) The secretary of state shall suspend the person's license
for 90 days for any of the following crimes:
(a) Failing to stop and disclose identity at the scene of an
accident resulting in injury in violation of section 617a.
(b) A violation of section 601b(2), section 601c(1), section
626(2),
or section 653a(3). ,
section 626 before October 31, 2010,
or,
beginning October 31, 2010, section 626(2).
(c) Malicious destruction resulting from the operation of a
vehicle under section 382(1)(b), (c), or (d) of the Michigan penal
code, 1931 PA 328, MCL 750.382.
(d) A violation of section 703(2) of the Michigan liquor
control code of 1998, 1998 PA 58, MCL 436.1703.
(4) The secretary of state shall suspend the person's license
for 30 days for malicious destruction resulting from the operation
of a vehicle under section 382(1)(a) of the Michigan penal code,
1931 PA 328, MCL 750.382.
(5) For perjury or making a false certification to the
secretary of state under any law requiring the registration of a
motor vehicle or regulating the operation of a vehicle on a
highway, or for conduct prohibited under section 324(1) or a local
ordinance substantially corresponding to section 324(1), the
secretary shall suspend the person's license as follows:
(a) If the person has no prior conviction for an offense
described in this subsection within 7 years, for 90 days.
(b) If the person has 1 or more prior convictions for an
offense described in this subsection within 7 years, for 1 year.
(6) For a violation of section 414 of the Michigan penal code,
1931 PA 328, MCL 750.414, the secretary of state shall suspend the
person's license as follows:
(a) If the person has no prior conviction for that offense
within 7 years, for 90 days.
(b) If the person has 1 or more prior convictions for that
offense within 7 years, for 1 year.
(7) For a violation of section 624a or 624b of this act or
section 703(1) of the Michigan liquor control code of 1998, 1998 PA
58, MCL 436.1703, the secretary of state shall suspend the person's
license as follows:
(a) If the person has 1 prior conviction for an offense
described in this subsection or section 33b(1) of former 1933 (Ex
Sess) PA 8, for 90 days. The secretary of state may issue the
person a restricted license after the first 30 days of suspension.
(b) If the person has 2 or more prior convictions for an
offense described in this subsection or section 33b(1) of former
1933 (Ex Sess) PA 8, for 1 year. The secretary of state may issue
the person a restricted license after the first 60 days of
suspension.
(8) The secretary of state shall suspend the person's license
for a violation of section 625 or 625m as follows:
(a)
For 180 days for a violation of section 625(1) or (8)
before
October 31, 2010 or, beginning October 31, 2010, section
625(1)(a) or (b) or (8) if the person has no prior convictions
within 7 years. The secretary of state may issue the person a
restricted license during a specified portion of the suspension,
except that the secretary of state shall not issue a restricted
license during the first 30 days of suspension.
(b) For 90 days for a violation of section 625(3) if the
person has no prior convictions within 7 years. However, if the
person is convicted of a violation of section 625(3), for operating
a vehicle when, due to the consumption of a controlled substance or
a combination of alcoholic liquor and a controlled substance, the
person's ability to operate the vehicle was visibly impaired, the
secretary of state shall suspend the person's license under this
subdivision for 180 days. The secretary of state may issue the
person a restricted license during all or a specified portion of
the suspension.
(c) For 30 days for a violation of section 625(6) if the
person has no prior convictions within 7 years. The secretary of
state may issue the person a restricted license during all or a
specified portion of the suspension.
(d) For 90 days for a violation of section 625(6) if the
person has 1 or more prior convictions for that offense within 7
years.
(e) For 180 days for a violation of section 625(7) if the
person has no prior convictions within 7 years. The secretary of
state may issue the person a restricted license after the first 90
days of suspension.
(f) For 90 days for a violation of section 625m if the person
has no prior convictions within 7 years. The secretary of state may
issue the person a restricted license during all or a specified
portion of the suspension.
(g)
Beginning October 31, 2010, for For
1 year for a violation
of section 625(1)(c) if the person has no prior convictions within
7 years or not more than 2 convictions within 10 years. The
secretary of state may issue the person a restricted license,
except that the secretary of state shall not issue a restricted
license during the first 45 days of suspension.
(h)
Beginning October 31, 2010, the The
department shall order
a person convicted of violating section 625(1)(c) not to operate a
motor vehicle under a restricted license issued under subdivision
(g) unless the vehicle is equipped with an ignition interlock
device approved, certified, and installed as required under
sections 625k and 625l. The ignition interlock device may be removed
after the interlock device provider provides the department with
verification that the person has operated the vehicle with no
instances of reaching or exceeding a blood alcohol level of 0.025
grams per 210 liters of breath. This subdivision does not prohibit
the removal of the ignition interlock device for any of the
following:
(i) A start-up test failure that occurs within the first 2
months after installation of the device. As used in this
subdivision, "start-up test failure" means that the ignition
interlock device has prevented the motor vehicle from being
started. Multiple unsuccessful attempts at 1 time to start the
vehicle shall be treated as 1 start-up test failure only under this
subparagraph.
(ii) A start-up test failure occurring more than 2 months after
installation of the device, if not more than 15 minutes after
detecting the start-up test failure the person delivers a breath
sample that the ignition interlock device analyzes as having an
alcohol level of less than 0.025 grams per 210 liters of breath.
(iii) A retest prompted by the device, if not more than 5
minutes after detecting the retest failure the person delivers a
breath sample that the ignition interlock device analyzes as having
an alcohol level of less than 0.025 grams per 210 liters of breath.
(i)
Beginning October 31, 2010, if If
an individual violates
the conditions of the restricted license issued under subdivision
(g) or operates or attempts to operate a motor vehicle with a blood
alcohol level of 0.025 grams per 210 liters of breath, the
secretary of state shall impose an additional like period of
suspension and restriction as prescribed under subdivision (g).
This subdivision does not require an additional like period of
suspension and restriction for any of the following:
(i) A start-up test failure within the first 2 months after
installation of the ignition interlock device. As used in this
subdivision, "start-up test failure" means that the ignition
interlock device has prevented the motor vehicle from being
started. Multiple unsuccessful attempts at 1 time to start the
vehicle shall be treated as 1 start-up test failure only under this
subparagraph.
(ii) A start-up test failure occurring more than 2 months after
installation of the device, if not more than 15 minutes after
detecting the start-up test failure the person delivers a breath
sample that the ignition interlock device analyzes as having an
alcohol level of less than 0.025 grams per 210 liters of breath.
(iii) Any retest prompted by the device, if not more than 5
minutes after detecting the retest failure the person delivers a
breath sample that the ignition interlock device analyzes as having
an alcohol level of less than 0.025 grams per 210 liters of breath.
(9) For a violation of section 367c of the Michigan penal
code, 1931 PA 328, MCL 750.367c, the secretary of state shall
suspend the person's license as follows:
(a) If the person has no prior conviction for an offense
described in this subsection within 7 years, for 6 months.
(b) If the person has 1 or more convictions for an offense
described in this subsection within 7 years, for 1 year.
(10) For a violation of section 315(4), the secretary of state
may suspend the person's license for 6 months.
(11) For a violation or attempted violation of section 411a(2)
of the Michigan penal code, 1931 PA 328, MCL 750.411a, involving a
school, the secretary of state shall suspend the license of a
person 14 years of age or over but less than 21 years of age until
3 years after the date of the conviction or juvenile disposition
for the violation. The secretary of state may issue the person a
restricted license after the first 365 days of suspension.
(12) For a second or subsequent violation of section 701(1) of
the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1701,
by an individual who is not a retail licensee or a retail
licensee's clerk, agent, or employee, the secretary of state shall
suspend the person's license for 180 days. The secretary of state
may issue a person a restricted license during all or a specified
portion of the suspension.
(13) For a juvenile who is determined to be within the
jurisdiction of the family division of circuit court under section
2(a)(4) of chapter XIIA of the probate code of 1939, 1939 PA 288,
MCL 712A.2, due to willful and repeated absence from school or
another learning program, the secretary of state shall, upon
notification by the court under section 2f of chapter XIIA of the
probate code of 1939, 1939 PA 288, MCL 712A.2f, suspend the license
of the juvenile for 6 months beginning on the date of disposition.
(14) (13)
Except as provided in subsection (15),
(16), a
suspension under this section shall be imposed notwithstanding a
court order unless the court order complies with section 323.
(15) (14)
If the secretary of state receives
records of more
than 1 conviction of a person resulting from the same incident, a
suspension shall be imposed only for the violation to which the
longest period of suspension applies under this section.
(16) (15)
The secretary of state may waive a
restriction,
suspension, or revocation of a person's license imposed under this
act if the person submits proof that a court in another state
revoked, suspended, or restricted his or her license for a period
equal to or greater than the period of a restriction, suspension,
or revocation prescribed under this act for the violation and that
the revocation, suspension, or restriction was served for the
violation, or may grant a restricted license.
(17) (16)
The secretary of state shall not issue
a restricted
license to a person whose license is suspended under this section
unless a restricted license is authorized under this section and
the person is otherwise eligible for a license.
(18) (17)
The secretary of state shall not
issue a restricted
license to a person under subsection (8) that would permit the
person to operate a commercial motor vehicle.
(19) (18)
Except as provided in subsection (17),
(18), a
restricted license issued under this section shall permit the
person to whom it is issued to take any driving skills test
required by the secretary of state and to operate a vehicle under 1
or more of the following circumstances:
(a) In the course of the person's employment or occupation.
(b) To and from any combination of the following:
(i) The person's residence.
(ii) The person's work location.
(iii) An alcohol or drug education or treatment program as
ordered by the court.
(iv) The court probation department.
(v) A court-ordered community service program.
(vi) An educational institution at which the person is enrolled
as a student.
(vii) A place of regularly occurring medical treatment for a
serious condition for the person or a member of the person's
household or immediate family.
(20) (19)
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.
(21) (20)
Subject to subsection (22), (23), as
used in
subsection (8), "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:
(a)
Except as provided in subsection (21), (22), a violation
or attempted violation of any of the following:
(i) 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) Section 625m.
(iii) Former section 625b.
(b) Negligent homicide, manslaughter, or murder resulting from
the operation of a vehicle or an attempt to commit any of those
crimes.
(c)
Beginning October 31, 2010, a A
violation of section 601d
or section 626(3) or (4).
(22) (21)
Except for purposes of the
suspensions described in
subsection (8)(c) and (d), 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.
(23) (22)
If 2 or more convictions described
in subsection
(20)
(21) are convictions for violations arising out of the
same
transaction, only 1 conviction shall be used to determine whether
the person has a prior conviction.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5208 (request no.
03381'13 a) of the 97th Legislature is enacted into law.