HOUSE BILL No. 4573 April 8, 1997, Introduced by Reps. Gagliardi, McBryde, Brater, Baade, Martinez, Schauer, Brewer, Hale, Baird, DeHart, Prusi, Cherry, Leland, Mans, Gire, Raczkowski, Byl, Richner, Vaughn, Hanley and Perricone and referred to the Committee on Transportation. A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 907 (MCL 257.907), as amended by 1995 PA 287. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 907. (1) A violation of this act, or a local ordinance 2 substantially corresponding to a provision of this act, which is 3 designated a civil infraction shall not be considered a lesser 4 included offense of a criminal offense. 5 (2) If a person is determined pursuant to sections 741 to 6 750 to be responsible or responsible "with explanation" for a 7 civil infraction under this act or a local ordinance substan- 8 tially corresponding to a provision of this act, the judge, 9 district court referee, or district court magistrate may order 10 the person to pay a civil fine of not more than $100.00 and costs 02428'97 TJS 2 1 as provided in subsection (4). However, for a violation of 2 section 674(1)(s) or a local ordinance substantially correspond- 3 ing to section 674(1)(s), the person shall be ordered to pay 4 costs as provided in subsection (4) and a civil fine of not less 5 than$50.00 nor more than $100.00$150.00. For a violation of 6 section 328 or 710d, the civil fine ordered under this subsection 7 shall not exceed $10.00. For a violation of section 710e, the 8 civil fine and court costs ordered under this subsection shall be 9 $25.00. Permission may be granted for payment of a civil fine 10 and costs to be made within a specified period of time or in 11 specified installments, but unless permission is included in the 12 order or judgment, the civil fine and costs shall be payable 13 immediately. 14 (3) If a person is determined to be responsible or responsi- 15 ble "with explanation" for a civil infraction under this act or a 16 local ordinance substantially corresponding to a provision of 17 this act while driving a commercial motor vehicle, he or she 18 shall be ordered to pay costs as provided in subsection (4) and a 19 civil fine of not more than $250.00. 20 (4) If a civil fine is ordered to be paid under 21 subsection (2) or (3), the judge, district court referee, or dis- 22 trict court magistrate shall summarily tax and determine the 23 costs of the action, which shall not be limited to the costs tax- 24 able in ordinary civil actions, and may include all expenses, 25 direct and indirect, to which the plaintiff has been put in con- 26 nection with the civil infraction, up to the entry of judgment. 27 Except in a civil infraction for a parking violation, costs of 02428'97 3 1 not less than $5.00 shall be ordered. Costs shall not be ordered 2 in excess of $100.00. Except as otherwise provided by law, costs 3 shall be payable to the general fund of the plaintiff. 4 (5) In addition to a civil fine and costs ordered under 5 subsection (2) or (3) and subsection (4), the judge, district 6 court referee, or district court magistrate may order the person 7 to attend and complete a program of treatment, education, or 8 rehabilitation. 9 (6) A district court referee or district court magistrate 10 shall impose the sanctions permitted under subsections (2), (3), 11 and (5) only to the extent expressly authorized by the chief 12 judge or only judge of the district court district. 13 (7) Each district of the district court and each municipal 14 court may establish a schedule of civil fines and costs to be 15 imposed for civil infractions which occur within the respective 16 district or city. If a schedule is established, it shall be 17 prominently posted and readily available for public inspection. 18 A schedule need not include all violations which are designated 19 by law or ordinance as civil infractions. A schedule may exclude 20 cases on the basis of a defendant's prior record of civil infrac- 21 tions or traffic offenses, or a combination of civil infractions 22 and traffic offenses. 23 (8) The state court administrator shall annually publish and 24 distribute to each district and court a recommended range of 25 civil fines and costs for first-time civil infractions. This 26 recommendation shall not be binding upon the courts having 27 jurisdiction over civil infractions but is intended to act as a 02428'97 4 1 normative guide for judges, district court referees, and district 2 court magistrates and a basis for public evaluation of dispari- 3 ties in the imposition of civil fines and costs throughout the 4 state. 5 (9) If a person has received a civil infraction citation for 6 defective safety equipment on a vehicle under section 683, the 7 court shall waive a civil fine and costs, upon receipt of certi- 8 fication by a law enforcement agency that repair of the defective 9 equipment was made before the appearance date on the citation. 10 (10) A default in the payment of a civil fine or costs 11 ordered under subsection (2), (3), or (4) or an installment of 12 the fine or costs may be collected by a means authorized for the 13 enforcement of a judgment under chapter 40 of the revised judica- 14 ture act of 1961,Act No. 236 of the Public Acts of 1961, being15sections 600.4001 to 600.4065 of the Michigan Compiled Laws1961 16 PA 236, MCL 600.4001 TO 600.4065, or under chapter 60 ofAct17No. 236 of the Public Acts of 1961, being sections 600.6001 to18600.6098 of the Michigan Compiled LawsTHE REVISED JUDICATURE 19 ACT OF 1961, 1961 PA 236, MCL 600.6001 TO 600.6098. 20 (11) If a person fails to comply with an order or judgment 21 issued pursuant to this section, within the time prescribed by 22 the court, the driver's license of that person shall be suspended 23 pursuant to section 321a until full compliance with that order or 24 judgment occurs. In addition to this suspension, the court may 25 also proceed under section 908. 26 (12) The court shall waive any civil fine or cost against a 27 person who received a civil infraction citation for a violation 02428'97 5 1 of section 710d if the person, before the appearance date on the 2 citation, supplies the court with evidence of acquisition, pur- 3 chase, or rental of a child seating system meeting the require- 4 ments of section 710d. 5 (13) In addition to any fines and costs ordered to be paid 6 under this section, the judge, district court referee, or dis- 7 trict court magistrate shall levy an assessment of $5.00 for each 8 civil infraction determination, except for a parking violation or 9 a violation for which the total fine and costs imposed are $10.00 10 or less. Upon payment of the assessment, the clerk of the court 11 shall transmit the assessment levied to the state treasury to be 12 deposited into the Michigan justice training fund. An assessment 13 levied under this subsection shall not be considered a civil fine 14 for purposes of section 909. 15 (14) If a person has received a citation for a violation of 16 section 223, the court shall waive any fine and costs, upon 17 receipt of certification by a law enforcement agency that the 18 person, before the appearance date on the citation, produced a 19 valid registration certificate that was valid on the date the 20 violation of section 223 occurred. 02428'97 Final page. TJS