HOUSE BILL NO. 5272

August 18, 2021, Introduced by Reps. Eisen, Bellino, Markkanen, Martin, Frederick, Bezotte, Outman, Griffin, LaGrand and Brixie and referred to the Committee on Judiciary.

A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending section 907 (MCL 257.907), as amended by 2020 PA 382, and by adding sections 2c and 627c.

the people of the state of michigan enact:

Sec. 2c. "Automated speed enforcement system" means an electronic traffic sensor system that meets all of the following conditions:

(a) Automatically detects a vehicle exceeding the posted speed limit with a type of speed timing device.

(b) Is interoperable with the department of state police license plate data management systems.

(c) Produces a recorded image of the vehicle described in subdivision (a) that shows all of the following:

(i) A clear and legible identification of the vehicle's license plate.

(ii) The location where the image was taken.

(iii) The date and time when the image was taken.

Sec. 627c. (1) The department of state police or the state transportation department; a county board of commissioners, board of county road commissioners, or county sheriff; or other local authority having jurisdiction over a highway or street may authorize the installation and use of an automated speed enforcement system in a work zone on a highway or street under their respective jurisdictions. A sign must be placed at the approach to the work zone indicating that the work zone is monitored by an automated speed enforcement system.

(2) If an individual violates an applicable speed limit described in section 627 in a work zone while workers are present, on the basis of a recorded image produced by an automated speed enforcement system, all of the following apply:

(a) For a first violation as described in this subsection, the individual may be issued a written warning only or may be responsible for a civil infraction and must be ordered to pay a civil fine of not more than $100.00.

(b) For a second violation as described in this subsection, the individual is responsible for a civil infraction and must be ordered to pay a civil fine of not more than $100.00.

(c) For a third or subsequent violation as described in this subsection, the individual is responsible for a civil infraction and must be ordered to pay a civil fine of not more than $250.00.

(3) A sworn statement of a police officer from this state or local authority having jurisdiction over the highway or street upon which the work zone described in subsection (1) is located, based on inspecting a recorded image produced by an automated speed enforcement system, is prima facie evidence of the facts contained in the recorded image. A recorded image indicating a violation must be available for inspection in any proceeding to adjudicate the responsibility for a violation of this section. A recorded image indicating a violation must be destroyed 90 days after final disposition of the citation.

(4) In a prosecution for a violation of this section, prima facie evidence that the vehicle described in the citation issued was operated in violation of this section, together with proof that the defendant was at the time of the violation the registered owner of the vehicle, creates a rebuttable presumption that the registered owner of the vehicle was the individual who committed the violation. The presumption is rebutted if the registered owner of the vehicle files an affidavit by regular mail with the clerk of the court that he or she was not the operator of the vehicle at the time of the alleged violation or testifies in open court under oath that he or she was not the operator of the vehicle at the time of the alleged violation. The presumption also is rebutted if a certified copy of a police report, showing that the vehicle had been reported to the police as stolen before the time of the alleged violation of this section, is presented before the appearance date established on the citation. For purposes of this subsection, the owner of a leased or rented vehicle shall provide the name and address of the individual to whom the vehicle was leased or rented at the time of the violation.

(5) Notwithstanding section 742, a citation for a violation of this section may be executed by mailing by first-class mail a copy to the address of the registered owner of the vehicle as shown on the records of the secretary of state. If the summoned individual fails to appear on the date of return set out in the citation previously mailed by first-class mail under this subsection, a copy must be sent by certified mail-return receipt requested. If the summoned individual fails to appear on either of the dates of return set out in the copies of the citation mailed under this subsection, the citation must be executed in the manner provided by law for personal service. The court may issue a warrant for the arrest of an individual who fails to appear within the time limit established on the citation if a sworn complaint is filed with the court for that purpose.

Sec. 907. (1) A violation of this act, or a local ordinance that substantially corresponds to a provision of this act, that is designated a civil infraction must not be considered a lesser included offense of a criminal offense.

(2) Permission may be granted for payment of a civil fine and costs to be made within a specified period of time or in specified installments but, unless permission is included in the order or judgment, the civil fine and costs must be payable immediately. Except as otherwise provided, a person found responsible or responsible "with explanation" for a civil infraction must pay costs as provided in subsection (4) and 1 or more of the following civil fines, as applicable:

(a) Except as otherwise provided, for a civil infraction under this act or a local ordinance that substantially corresponds to a provision of this act, the person shall must be ordered to pay a civil fine of not more than $100.00.

(b) If the civil infraction was a moving violation that resulted in an at-fault collision with another vehicle, a person, an individual, or any other object, the civil fine ordered under this section is increased by $25.00 but the total civil fine must not be more than $100.00.

(c) For a violation of section 240, the civil fine ordered under this subsection is $15.00.

(d) For a violation of section 312a(4)(a), the civil fine ordered under this section must not be more than $250.00.

(e) For a first violation of section 319f(1), the civil fine ordered under this section must not be less than $2,500.00 or more than $2,750.00; for a second or subsequent violation, the civil fine must not be less than $5,000.00 or more than $5,500.00.

(f) For a violation of section 319g(1)(a), the civil fine ordered under this section must not be more than $10,000.00.

(g) For a violation of section 319g(1)(g), the civil fine ordered under this section must not be less than $2,750.00 or more than $25,000.00.

(h) For a violation of section 602b, the civil fine ordered under this section must not be more than $100.00 for a first offense and $200.00 for a second or subsequent offense.

(i) For a violation of 627c, the civil fine ordered under this section must not be more than $100.00 for a first or second offense and $250.00 for a third or subsequent offense.

(j) (i) For a violation of section 674(1)(s) or a local ordinance that substantially corresponds to section 674(1)(s), the civil fine ordered under this section must not be less than $100.00 or more than $250.00.

(k) (j) For a violation of section 676a(3), the civil fine ordered under this section must not be more than $10.00.

(l) (k) For a violation of section 676c, the civil fine ordered under this section is $1,000.00.

(m) (l) For a violation of section 682 or a local ordinance that substantially corresponds to section 682, the civil fine ordered under this section must not be less than $100.00 or more than $500.00.

(n) (m) For a violation of section 710d, the civil fine ordered under this section must not be more than $10.00, subject to subsection (11).

(o) (n) For a violation of section 710e, the civil fine and court costs ordered under this subsection must be $25.00.

(3) Except as provided in this section, if a person an individual is determined to be responsible or responsible "with explanation" for a civil infraction under this act or a local ordinance that substantially corresponds to a provision of this act while driving a commercial motor vehicle, he or she must be ordered to pay costs as provided in subsection (4) and a civil fine of not more than $250.00.

(4) If a civil fine is ordered under subsection (2) or (3), the judge or district court magistrate shall summarily tax and determine the costs of the action, which are not limited to the costs taxable in ordinary civil actions, and may include all expenses, direct and indirect, to which the plaintiff has been put in connection with the civil infraction, up to the entry of judgment. Costs must not be ordered in excess of $100.00. A civil fine ordered under subsection (2) or (3) must not be waived unless costs ordered under this subsection are waived. Except as otherwise provided by law, costs are payable to the general fund of the plaintiff.

(5) In addition to a civil fine and costs ordered under subsection (2) or (3) and subsection (4) and the justice system assessment ordered under subsection (12), the judge or district court magistrate may order the person individual to attend and complete a program of treatment, education, or rehabilitation.

(6) A district court magistrate shall impose the sanctions permitted under subsections (2), (3), and (5) only to the extent expressly authorized by the chief judge or only judge of the district court district.

(7) Each district of the district court and each municipal court may establish a schedule of civil fines, costs, and assessments to be imposed for civil infractions that occur within the respective district or city. If a schedule is established, it must be prominently posted and readily available for public inspection. A schedule need not include all violations that are designated by law or ordinance as civil infractions. A schedule may exclude cases on the basis of a defendant's prior record of civil infractions or traffic offenses, or a combination of civil infractions and traffic offenses.

(8) The state court administrator shall annually publish and distribute to each district and court a recommended range of civil fines and costs for first-time civil infractions. This recommendation is not binding on the courts having jurisdiction over civil infractions but is intended to act as a normative guide for judges and district court magistrates and a basis for public evaluation of disparities in the imposition of civil fines and costs throughout this state.

(9) If a person an individual has received a civil infraction citation for defective safety equipment on a vehicle under section 683, the court shall waive a civil fine, costs, and assessments on receipt of certification by a law enforcement agency that repair of the defective equipment was made before the appearance date on the citation.

(10) A default in the payment of a civil fine or costs ordered under subsection (2), (3), or (4) or a justice system assessment ordered under subsection (12), or an installment of the fine, costs, or assessment, may be collected by a means authorized for the enforcement of a judgment under chapter 40 of the revised judicature act of 1961, 1961 PA 236, MCL 600.4001 to 600.4065, or under chapter 60 of the revised judicature act of 1961, 1961 PA 236, MCL 600.6001 to 600.6098.

(11) The court may waive any civil fine, cost, or assessment against a person an individual who received a civil infraction citation for a violation of section 710d if the person, individual, before the appearance date on the citation, supplies the court with evidence of acquisition, purchase, or rental of a child seating system meeting the requirements of section 710d.

(12) In addition to any civil fines or costs ordered to be paid under this section, the judge or district court magistrate shall order the defendant to pay a justice system assessment of $40.00 for each civil infraction determination, except for a parking violation or a violation for which the total fine and costs imposed are $10.00 or less. On payment of the assessment, the clerk of the court shall transmit the assessment collected to the state treasury to be deposited into the justice system fund created in section 181 of the revised judicature act of 1961, 1961 PA 236, MCL 600.181. An assessment levied under this subsection is not a civil fine for purposes of section 909.

(13) If a person an individual has received a citation for a violation of section 223, the court shall waive any civil fine, costs, and assessment, on receipt of certification by a law enforcement agency that the person, individual, before the appearance date on the citation, produced a valid registration certificate that was valid on the date the violation of section 223 occurred.

(14) If a person an individual has received a citation for a violation of section 328(1) for failing to produce a certificate of insurance under section 328(2), the court may waive the fee described in section 328(3)(c) and shall waive any fine, costs, and any other fee or assessment otherwise authorized under this act on receipt of verification by the court that the person, individual, before the appearance date on the citation, produced valid proof of insurance that was in effect at the time the violation of section 328(1) occurred. Insurance obtained subsequent to the time of the violation does not make the person individual eligible for a waiver under this subsection.

(15) If a person is determined to be responsible or responsible "with explanation" for a civil infraction under this act or a local ordinance that substantially corresponds to a provision of this act and the civil infraction arises out of the ownership or operation of a commercial quadricycle, he or she must be ordered to pay costs as provided in subsection (4) and a civil fine of not more than $500.00.

(16) As used in this section, "moving violation" means an act or omission prohibited under this act or a local ordinance that substantially corresponds to this act that involves the operation of a motor vehicle and for which a fine may be assessed.