SENATE BILL NO. 126 January 27, 1999, Introduced by Senator GAST and referred to the Committee on Natural Resources and Environmental Affairs. A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 81134, 81135, and 82141 (MCL 324.81134, 324.81135, and 324.82141), section 81134 as amended by 1998 PA 355 and sections 81135 and 82141 as added by 1995 PA 58. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 81134. (1) A person who is under the influence of 2 intoxicating liquor or a controlled substance, as defined by 3 section 7104 of the public health code, 1978 PA 368, MCL 4 333.7104, or a combination of intoxicating liquor and a con- 5 trolled substance shall not operate an ORV. 6 (2) A person who has an alcohol content of 0.10 grams or 7 more per 100 milliliters of blood, per 210 liters of breath, or 8 per 67 milliliters of urine shall not operate an ORV. 00002'99 a TJS 2 1 (3) The owner or person in charge or in control of an ORV 2 shall not authorize or knowingly permit the ORV to be operated by 3 a person who is under the influence of intoxicating liquor or a 4 controlled substance or a combination of intoxicating liquor and 5 a controlled substance. 6 (4) Except as otherwise provided in this section, a person 7 who is convicted of a violation of subsection (1), (2), or (3) is 8 guilty of a misdemeanor, punishable by imprisonment for not more 9 than 90 days, or a fine of not less than $100.00 or more than 10 $500.00, or both, together with costs of the prosecution. As 11 part of the sentence for a violation of subsection (1) or (2), 12 the court shall order the person convicted not to operate an ORV 13 for a period of not less than 6 months or more than 2 years. 14 (5) On a second conviction under subsection (1) or (2) or a 15 local ordinance substantially corresponding to subsection (1) or 16 (2) within a period of 7 years, a person is guilty of a misde- 17 meanor, punishable by imprisonment for not more than 1 year, or a 18 fine of not more than $1,000.00, or both. As part of the sen- 19 tence, the court shall order the person convicted not to operate 20 an ORV for a period of not less than 1 year or more than 2 21 years. 22 (6) On a third or subsequent conviction within a period of 23 10 years under subsection (1) or (2) or a local ordinance sub- 24 stantially corresponding to subsection (1) or (2), a person is 25 guilty of a felony. As part of the sentence, the court shall 26 order the person convicted not to operate an ORV for a period of 27 not less than 1 year or more than 2 years. 00002'99 a 3 1 (7) A person who operates an ORV in violation of subsection 2 (1) or (2) or section 81135 and by the operation of that ORV 3 causes the death of another person is guilty of a felony punish- 4 able by imprisonment for not more than 15 years or a fine of not 5 less than $2,500.00 or more than $10,000.00, or both. 6 (8) A person who operates an ORV within this state in viola- 7 tion of subsection (1) or (2) or section 81135 and by the opera- 8 tion of that ORV causes a serious impairment of a body function 9 of another person is guilty of a felony punishable by imprison- 10 ment for not more than 5 years or a fine of not less than 11 $1,000.00 or more than $5,000.00, or both. As used in this sub- 12 section, "serious impairment of a body function" includes, but is 13 not limited to, 1 or more of the following: 14 (a) Loss of a limb or use of a limb. 15 (b) Loss of a hand, foot, finger, or thumb or use of a hand, 16 foot, finger, or thumb. 17 (c) Loss of an eye or ear or use of an eye or ear. 18 (d) Loss or substantial impairment of a bodily function. 19 (e) Serious visible disfigurement. 20 (f) A comatose state that lasts for more than 3 days. 21 (g) Measurable brain damage or mental impairment. 22 (h) A skull fracture or other serious bone fracture. 23 (i) Subdural hemorrhage or subdural hematoma. 24 (9) As part of the sentence for a violation of subsection 25 (1) or (2), or a local ordinance substantially corresponding to 26 subsection (1) or (2), the court may order the person to perform 27 service to the community, as designated by the court, without 00002'99 a 4 1 compensation, for a period not to exceed 12 days. The person 2 shall reimburse the state or appropriate local unit of government 3 for the cost of insurance incurred by the state or local unit of 4 government as a result of the person's activities under this 5 subsection. 6 (10) Before imposing sentence for a violation of subsection 7 (1) or (2) or a local ordinance substantially corresponding to 8 subsection (1) or (2), the court shall order the person to 9 undergo screening and assessment by a person or agency designated 10 by the office of substance abuse services, to determine whether 11 the person is likely to benefit from rehabilitative services, 12 including alcohol or drug education and alcohol or drug treatment 13 programs. As part of the sentence, the court may order the 14 person to participate in and successfully complete 1 or more 15 appropriate rehabilitative programs. The person shall pay for 16 the costs of the screening, assessment, and rehabilitative 17 services. 18 (11) Before accepting a plea of guilty under this section, 19 the court shall advise the accused of the statutory consequences 20 possible as the result of a plea of guilty in respect to suspen- 21 sion of the person's right to operate an ORV and the penalty 22 imposed for violation of this section. 23 (12) EACH MUNICIPAL JUDGE AND EACH CLERK OF A COURT OF 24 RECORD SHALL KEEP A FULL RECORD OF EVERY CASE IN WHICH A PERSON 25 IS CHARGED WITH A VIOLATION OF THIS SECTION. THE MUNICIPAL JUDGE 26 OR CLERK OF THE COURT OF RECORD SHALL PREPARE AND IMMEDIATELY 00002'99 a 5 1 FORWARD TO THE SECRETARY OF STATE AN ABSTRACT OF THE COURT OF 2 RECORD FOR EACH CASE CHARGING A VIOLATION OF THIS SECTION. 3 Sec. 81135. (1) A person shall not operate an ORV if, due 4 to the consumption of intoxicating liquor, a controlled sub- 5 stance, as defined by section 7104 of the public health code, 6Act No. 368 of the Public Acts of 1978, being section 333.71047of the Michigan Compiled Laws1978 PA 368, MCL 333.7104, or a 8 combination of intoxicating liquor and a controlled substance, 9 the person has visibly impaired his or her ability to operate the 10 ORV. If a person is charged with violating section 81134, a 11 finding of guilty is permissible under this section. 12 (2) Except as otherwise provided in this section, a person 13 convicted of a violation of this section is guilty of a misde- 14 meanor, punishable by imprisonment for not more than 90 days, or 15 a fine of not more than $300.00, or both, together with costs of 16 the prosecution. As part of the sentence, the court shall order 17 the person convicted not to operate an ORV for a period of not 18 less than 90 days or more than 1 year. 19 (3) A person who violates this section or a local ordinance 20 substantially corresponding to this section, and has 1 or more 21 prior convictions under this section or section 81134 or a local 22 ordinance substantially corresponding to this section or section 23 81134, is guilty of a misdemeanor, punishable by imprisonment for 24 not more than 1 year, or a fine of not more than $1,000.00, or 25 both. If the person convicted has only 1 prior conviction 26 described in this subsection, as part of the sentence, the court 27 shall order the person not to operate an ORV for a period of not 00002'99 a 6 1 less than 6 months or more than 18 months. If the person has 2 2 or more prior convictions described in this subsection, the court 3 shall order the person not to operate an ORV for a period of not 4 less than 1 year or more than 2 years. 5 (4) As part of the sentence for a violation of this section 6 or a local ordinance substantially corresponding to this section, 7 the court may order the person to perform service to the communi- 8 ty, as designated by the court, without compensation, for a 9 period not to exceed 12 days. The person shall reimburse the 10 state or appropriate local unit of government for the cost of 11 insurance incurred by the state or local unit of government as a 12 result of the person's activities under this subsection. 13 (5) Before imposing sentence for a violation of this section 14 or a local ordinance substantially corresponding to this section, 15 the court shall order the person to undergo screening and assess- 16 ment by a person or agency designated by the office of substance 17 abuse services, to determine whether the person is likely to ben- 18 efit from rehabilitative services, including alcohol or drug edu- 19 cation and alcohol or drug treatment programs. As part of the 20 sentence, the court may order the person to participate in and 21 successfully complete 1 or more appropriate rehabilitative 22 programs. The person shall pay for the costs of the screening, 23 assessment, and rehabilitative services. 24 (6) Before accepting a plea of guilty under this section, 25 the court shall advise the accused of the statutory consequences 26 possible as a result of a plea of guilty in respect to suspension 00002'99 a 7 1 of the person's right to operate an ORV and the penalty imposed 2 for violation of this section. 3 (7) EACH MUNICIPAL JUDGE AND EACH CLERK OF A COURT OF RECORD 4 SHALL KEEP A FULL RECORD OF EVERY CASE IN WHICH A PERSON IS 5 CHARGED WITH A VIOLATION OF THIS SECTION. THE MUNICIPAL JUDGE OR 6 CLERK OF THE COURT OF RECORD SHALL PREPARE AND IMMEDIATELY FOR- 7 WARD TO THE SECRETARY OF STATE AN ABSTRACT OF THE COURT OF RECORD 8 FOR EACH CASE CHARGING A VIOLATION OF THIS SECTION. 9 Sec. 82141. (1) Before accepting a plea of guilty or nolo 10 contendere under section 82127 or a local ordinance substantially 11 corresponding to section 82127(1), (2), or (3), the court shall 12 advise the accused of the maximum possible term of imprisonment 13 and the maximum possible fine that may be imposed for the 14 violation. 15 (2) Before imposing sentence, other than court-ordered oper- 16 ating sanctions, for a violation of section 82127(1), (3), (4), 17 or (5) or a local ordinance substantially corresponding to sec- 18 tion 82127(1) or (3), the court shall order the person to undergo 19 screening and assessment by a person or agency designated by the 20 office of substance abuse services to determine whether the 21 person is likely to benefit from rehabilitative services, includ- 22 ing alcohol or drug education or treatment programs. As part of 23 the sentence, the court may order the person to participate in 24 and successfully complete 1 or more appropriate rehabilitative 25 programs. The person shall pay for the costs of the screening, 26 assessment, and rehabilitative services. 00002'99 a 8 1 (3) EACH MUNICIPAL JUDGE AND EACH CLERK OF A COURT OF RECORD 2 SHALL KEEP A FULL RECORD OF EVERY CASE IN WHICH A PERSON IS 3 CHARGED WITH A VIOLATION OF SECTION 82127(1) OR (3). THE MUNICI- 4 PAL JUDGE OR CLERK OF THE COURT OF RECORD SHALL PREPARE AND IMME- 5 DIATELY FORWARD TO THE SECRETARY OF STATE AN ABSTRACT OF THE 6 COURT OF RECORD FOR EACH CASE CHARGING A VIOLATION OF SECTION 7 82127(1) OR (3). 8 Enacting section 1. This amendatory act does not take 9 effect unless Senate Bill No. 125 10 of the 90th Legislature is enacted into 11 law. 00002'99 a Final page. TJS