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).

 

     (c) Section 303(2)(g)(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.


     (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.

 

     (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.

 

     (c) The person demonstrates that he or she has operated with

 

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.

 

     (C) A law of the United States substantially corresponding to

 

section 625.

 

     (c) If the person is convicted of or found responsible for any

 

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.                                   

 

         

 

     (c) Senate Bill No. 438.