HOUSE BILL No. 4655 May 11, 1999, Introduced by Reps. Tabor, Shackleton, Rick Johnson, Patterson, Van Woerkom, Cameron Brown, Faunce, Allen, Mortimer, Vear, Pappageorge, Garcia, Birkholz, Godchaux, Julian, Spade and Hart and referred to the Committee on Family and Civil Law. A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 907 (MCL 257.907), as amended by 1998 PA 103. 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,which3 THAT is designated a civil infraction shall not be considered a 4 lesser 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 00233'99 TLG 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 or more than $100.00. For a violation of section 6 328,or 710d,the civil fine ordered under this subsection 7 shall not exceed $10.00. EXCEPT AS PROVIDED IN SUBSECTION (12), 8 FOR A VIOLATION OF SECTION 710D, THE CIVIL FINE ORDERED UNDER 9 THIS SUBSECTION SHALL NOT EXCEED $20.00. HOWEVER, FOR A VIOLA- 10 TION OF SECTION 710D THAT IS A SECOND OR SUBSEQUENT OFFENSE, THE 11 CIVIL FINE ORDERED UNDER THIS SUBSECTION SHALL NOT EXCEED $30.00. 12 For a violation of section 710e, the civil fine and court costs 13 ordered under this subsection shall be$25.00$50.00. HOWEVER, 14 FOR A VIOLATION OF SECTION 710E THAT IS A SECOND OR SUBSEQUENT 15 OFFENSE, THE CIVIL FINE ORDERED UNDER THIS SUBSECTION SHALL NOT 16 EXCEED $65.00. For a violation of section 682 or a local ordi- 17 nance substantially corresponding to section 682, the person 18 shall be ordered to pay costs as provided in subsection (4) and a 19 civil fine of not less than $100.00 or more than $500.00. 20 Permission may be granted for payment of a civil fine and costs 21 to be made within a specified period of time or in specified 22 installments, but unless permission is included in the order or 23 judgment, the civil fine and costs shall be payable immediately. 24 (3) If a person is determined to be responsible or responsi- 25 ble "with explanation" for a civil infraction under this act or a 26 local ordinance substantially corresponding to a provision of 27 this act while driving a commercial motor vehicle, he or she 00233'99 3 1 shall be ordered to pay costs as provided in subsection (4) and a 2 civil fine of not more than $250.00. 3 (4) If a civil fine is ordered to be paid under 4 subsection (2) or (3), the judge, district court referee, or dis- 5 trict court magistrate shall summarily tax and determine the 6 costs of the action, which shall not be limited to the costs tax- 7 able in ordinary civil actions, and may include all expenses, 8 direct and indirect, to which the plaintiff has been put in con- 9 nection with the civil infraction, up to the entry of judgment. 10 Except in a civil infraction for a parking violation, costs of 11 not less than $5.00 shall be ordered. Costs shall not be ordered 12 in excess of $100.00. Except as otherwise provided by law, costs 13 shall be payable to the general fund of the plaintiff. 14 (5) In addition to a civil fine and costs ordered under 15 subsection (2) or (3) and subsection (4), the judge, district 16 court referee, or district court magistrate may order the person 17 to attend and complete a program of treatment, education, or 18 rehabilitation. 19 (6) A district court referee or district court magistrate 20 shall impose the sanctions permitted under subsections (2), (3), 21 and (5) only to the extent expressly authorized by the chief 22 judge or only judge of the district court district. 23 (7) Each district of the district court and each municipal 24 court may establish a schedule of civil fines and costs to be 25 imposed for civil infractionswhichTHAT occur within the 26 respective district or city. If a schedule is established, it 27 shall be prominently posted and readily available for public 00233'99 4 1 inspection. A schedule need not include all violationswhich2 THAT are designated by law or ordinance as civil infractions. A 3 schedule may exclude cases on the basis of a defendant's prior 4 record of civil infractions or traffic offenses, or a combination 5 of civil infractions and traffic offenses. 6 (8) The state court administrator shall annually publish and 7 distribute to each district and court a recommended range of 8 civil fines and costs for first-time civil infractions. This 9 recommendation shall not be binding upon the courts having juris- 10 diction over civil infractions but is intended to act as a norma- 11 tive guide for judges, district court referees, and district 12 court magistrates and a basis for public evaluation of dispari- 13 ties in the imposition of civil fines and costs throughout the 14 state. 15 (9) If a person has received a civil infraction citation for 16 defective safety equipment on a vehicle under section 683, the 17 court shall waive a civil fine and costs,upon receipt of cer- 18 tification by a law enforcement agency that repair of the defec- 19 tive equipment was made before the appearance date on the 20 citation. 21 (10) A default in the payment of a civil fine or costs 22 ordered under subsection (2), (3), or (4) or an installment of 23 the fine or costs may be collected by a means authorized for the 24 enforcement of a judgment under chapter 40 of the revised judica- 25 ture act of 1961, 1961 PA 236, MCL 600.4001 to 600.4065, or under 26 chapter 60 of the revised judicature act of 1961, 1961 PA 236, 27 MCL 600.6001 to 600.6098. 00233'99 5 1 (11) If a person fails to comply with an order or judgment 2 issuedpursuant toUNDER this section,within the time pre- 3 scribed by the court, the driver's license of that person shall 4 be suspendedpursuant toUNDER section 321a until full compli- 5 ance with that order or judgment occurs. In addition to this 6 suspension, the court may also proceed under section 908. 7 (12) The court shall waive any civil fine or cost against a 8 person who received a civil infraction citation for a violation 9 of section 710d if the person, before the appearance date on the 10 citation, supplies the court with evidence of acquisition, pur- 11 chase, or rental of a child seating system meeting the require- 12 ments of section 710d. 13 (13) In addition to any fines and costs ordered to be paid 14 under this section, the judge, district court referee, or dis- 15 trict court magistrate shall levy an assessment of $5.00 for each 16 civil infraction determination, except for a parking violation or 17 a violation for which the total fine and costs imposed are $10.00 18 or less. Upon payment of the assessment, the clerk of the court 19 shall transmit the assessment levied to the state treasury to be 20 deposited into the Michigan justice training fund. An assessment 21 levied under this subsection shall not be considered a civil fine 22 for purposes of section 909. 23 (14) If a person has received a citation for a violation of 24 section 223, the court shall waive any fine and costs,upon 25 receipt of certification by a law enforcement agency that the 26 person, before the appearance date on the citation, produced a 00233'99 6 1 valid registration certificate that was valid on the date the 2 violation of section 223 occurred. 00233'99 Final page. TLG