HOUSE BILL NO. 5284

August 18, 2021, Introduced by Reps. Anthony, Weiss, Aiyash, Bezotte, Cherry, Hood, Brixie and Brabec and referred to the Committee on Judiciary.

A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

(MCL 257.1 to 257.923) 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, and contract with a person for, the installation and operation of an automated speed enforcement system on a highway or street under their respective jurisdictions. A sign must be placed at the approach to a highway or street monitored by an automated speed enforcement system indicating that the highway or street is monitored by an automated speed enforcement system.

(2) A sworn statement of a police officer from this state or local authority having jurisdiction over the highway or street, 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.

(3) 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.

(4) 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.

(5) An individual who violates an applicable speed limit described in section 627 on the basis of a recorded image produced by an automated speed enforcement system is responsible for a civil infraction.