Senate Introduced Bill B00484

SENATE BILL No. 484

May 17, 2001, Introduced by Senators PETERS, DINGELL, MURPHY, DE BEAUSSAERT, SMITH, HART, EMERSON, MILLER, CHERRY, SCOTT and LELAND and

referred to the Committee on Transportation and Tourism.

A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending sections 303 and 319 (MCL 257.303 and 257.319), as

amended by 2000 PA 460.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 Sec. 303. (1) The secretary of state shall not issue a

2 license under this act to any of the following:

3 (a) A person, as an operator, who is less than 18 years of

4 age, except as otherwise provided in this act.

5 (b) A person, as a chauffeur, who is less than 18 years of

6 age, except as otherwise provided in this act.

7 (c) A person whose license has been suspended during the

8 period for which the license was suspended.

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1 (d) A person who has been convicted of or received a

2 juvenile disposition for a violation of section 625(4) or (5),

3 section 653a(4), or section 904(4) or (5).

4 (e) A person who has been convicted of or received a juve-

5 nile disposition for negligent homicide, manslaughter, or murder

6 resulting from the operation of a vehicle.

7 (f) A person who is an habitual violator of the criminal

8 laws relating to operating a vehicle while impaired by or under

9 the influence of intoxicating liquor, a controlled substance, or

10 a combination of intoxicating liquor and a controlled substance

11 or with an alcohol content of 0.10 grams or more per 100 millili-

12 ters of blood, per 210 liters of breath, or per 67 milliliters of

13 urine. Convictions of any of the following, whether under a law

14 of this state, a local ordinance substantially corresponding to a

15 law of this state, or a law of another state substantially corre-

16 sponding to a law of this state, are prima facie evidence that

17 the person is an habitual violator as described in this

18 subdivision:

19 (i) Any combination of 2 convictions within 7 years for any

20 of the following or a combination of 1 conviction for a violation

21 or attempted violation of section 625(6) and 1 conviction for any

22 of the following within 7 years:

23 (A) A violation or attempted violation of section 625(1),

24 (3), (4), (5), or (7), section 653a(4), or section 904(4) or

25 (5).

26 (B) A violation of former section 625(1) or (2) or former

27 section 625b.

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1 (C) A violation or attempted violation of section 625m.

2 (D) Negligent homicide, manslaughter, or murder resulting

3 from the operation of a vehicle or an attempt to commit any of

4 those crimes.

5 (ii) Any combination of 3 convictions within 10 years for

6 any of the following or 1 conviction for a violation or attempted

7 violation of section 625(6) and any combination of 2 convictions

8 for any of the following within 10 years, if any of the convic-

9 tions resulted from an arrest on or after January 1, 1992:

10 (A) A violation or attempted violation of section 625(1),

11 (3), (4), (5), or (7), section 653a(4), or section 904(4) or

12 (5).

13 (B) A violation of former section 625(1) or (2) or former

14 section 625b.

15 (C) A violation or attempted violation of section 625m.

16 (D) Negligent homicide, manslaughter, or murder resulting

17 from the operation of a vehicle or an attempt to commit any of

18 those crimes.

19 (g) A person who in the opinion of the secretary of state is

20 afflicted with or suffering from a physical or mental disability

21 or disease preventing that person from exercising reasonable and

22 ordinary control over a motor vehicle while operating the motor

23 vehicle upon the highways.

24 (h) A person who is unable to understand highway warning or

25 direction signs in the English language.

26 (i) A person who is an habitually reckless driver. Two

27 convictions within 7 years for violating any combination of

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1 section 626 or section 653a(3) or a local ordinance of this state

2 or a law of another state

3 substantially similar to

4 section 626 or section 653a(3) are prima facie evidence that

5 the person is an habitually reckless driver.

6 (j) A person who is an habitual criminal. Two convictions

7 of a felony in which a motor vehicle was used in this or another

8 state are prima facie evidence that the person is an habitual

9 criminal.

10 (k) A person who is unable to pass a knowledge, skill, or

11 ability test administered by the secretary of state in connection

12 with the issuance of an original operator's or chauffeur's

13 license, original motorcycle indorsement, or an original or

14 renewal of a vehicle group designation or vehicle indorsement.

15 (l) A person who has been convicted of, has received a juve-

16 nile disposition for, or has been determined responsible for 2 or

17 more moving violations under a law of this state, a local ordi-

18 nance substantially corresponding to a law of this state, or a

19 law of another state substantially corresponding to a law of this

20 state within the preceding 3 years, if the violations occurred

21 before issuance of an original license to the person in this or

22 another state.

23 (m) A nonresident including a foreign exchange student.

24 (n) A person who has failed to answer a citation or notice

25 to appear in court or for any matter pending or fails to comply

26 with an order or judgment of the court, including, but not

27 limited to, paying all fines, costs, fees, and assessments, in

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1 violation of section 321a, until that person answers the citation

2 or notice to appear in court or for any matter pending or com-

3 plies with an order or judgment of the court, including, but not

4 limited to, paying all fines, costs, fees, and assessments, as

5 provided under section 321a.

6 (o) A person not licensed under this act who has been con-

7 victed of, has received a juvenile disposition for, or has been

8 determined responsible for a crime or civil infraction described

9 in section 319, 324, or 904. A person shall be denied a license

10 under this subdivision for the length of time corresponding to

11 the period of the licensing sanction that would have been imposed

12 under section 319, 324, or 904 if the person had been licensed at

13 the time of the violation.

14 (p) A person not licensed under this act who has been con-

15 victed of or received a juvenile disposition for committing a

16 crime described in section 319e. A person shall be denied a

17 license under this subdivision for the length of time that corre-

18 sponds to the period of the licensing sanction that would have

19 been imposed under section 319e if the person had been licensed

20 at the time of the violation.

21 (q) A person not licensed under this act who is determined

22 to have violated section 33b(1) of former 1933 (Ex Sess) PA 8,

23 section 703(1) of the Michigan liquor control code of 1998, 1998

24 PA 58, MCL 436.1703, or section 624a or 624b of this act. The

25 person shall be denied a license under this subdivision for a

26 period of time that corresponds to the period of the licensing

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1 sanction that would have been imposed under those sections had

2 the person been licensed at the time of the violation.

3 (r) A person who has been convicted of a violation of sec-

4 tion 602a(4) or (5) of this act or a violation of section 479a(4)

5 or (5) of the Michigan penal code, 1931 PA 328, MCL 750.479a.

6 (S) A PERSON NOT LICENSED UNDER THIS ACT FOR THE PERIOD PRE-

7 SCRIBED IN AN ORDER ENTERED UNDER SECTION 17E(2)(B) OR (4) OF

8 CHAPTER XIIA OF THE PROBATE CODE OF 1939, 1939 PA 288, MCL

9 712A.17E.

10 (2) Upon receiving the appropriate records of conviction,

11 the secretary of state shall revoke the operator's or chauffeur's

12 license of a person having any of the following, whether under a

13 law of this state, a local ordinance substantially corresponding

14 to a law of this state, or a law of another state substantially

15 corresponding to a law of this state:

16 (a) Any combination of 2 convictions within 7 years for any

17 of the following:

18 (i) Reckless driving in violation of section 626.

19 (ii) A violation or attempted violation of section 653a(3).

20 (b) Two convictions of a felony in which a motor vehicle was

21 used within 7 years.

22 (c) Any combination of 2 convictions within 7 years for any

23 of the following or a combination of 1 conviction for a violation

24 or attempted violation of section 625(6) and 1 conviction for any

25 of the following within 7 years:

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1 (i) A violation or attempted violation of section 625(1),

2 (3), (4), (5), or (7), section 653a(4), or section 904(4) or

3 (5).

4 (ii) A violation of former section 625(1) or (2) or former

5 section 625b.

6 (iii) A violation or attempted violation of section 625m.

7 (iv) Negligent homicide, manslaughter, or murder resulting

8 from the operation of a vehicle or an attempt to commit any of

9 those crimes.

10 (d) One conviction for a violation or attempted violation of

11 section 625(4) or (5), section 653a(4), or section 904(4) or

12 (5).

13 (e) One conviction of negligent homicide, manslaughter, or

14 murder resulting from the operation of a vehicle or an attempt to

15 commit any of those crimes.

16 (f) Any combination of 3 convictions within 10 years for any

17 of the following or 1 conviction for a violation or attempted

18 violation of section 625(6) and any combination of 2 convictions

19 for any of the following within 10 years, if any of the convic-

20 tions resulted from an arrest on or after January 1, 1992:

21 (i) A violation or attempted violation of section 625(1),

22 (3), (4), (5), or (7), section 653a(4), or section 904(4) or

23 (5).

24 (ii) A violation of former section 625(1) or (2) or former

25 section 625b.

26 (iii) A violation or attempted violation of section 625m.

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1 (iv) Negligent homicide, manslaughter, or murder resulting

2 from the operation of a vehicle or an attempt to commit any of

3 those crimes.

4 (g) A violation of section 602a(4) or (5) of this act or

5 section 479a(4) or (5) of the Michigan penal code, 1931 PA 328,

6 MCL 750.479a.

7 (3) The secretary of state shall revoke a license under sub-

8 section (2) notwithstanding a court order.

9 (4) The secretary of state shall not issue a license under

10 this act to a person whose license has been revoked under this

11 act or denied under subsection (1)(d), (e), (f), (i), (j), or (r)

12 until all of the following occur, as applicable:

13 (a) The later of the following:

14 (i) The expiration of not less than 1 year after the license

15 was revoked or denied.

16 (ii) The expiration of not less than 5 years after the date

17 of a subsequent revocation or denial occurring within 7 years

18 after the date of any prior revocation or denial.

19 (b) For a denial under subsection (1)(f), (i), or (j) based

20 on prima facie evidence, the person rebuts the presumption

21 resulting from the prima facie evidence by clear and convincing

22 evidence.

23 (c) The person meets the requirements of the department.

24 (5) Multiple convictions or civil infraction determinations

25 resulting from the same incident shall be treated as a single

26 violation for purposes of denial or revocation of a license under

27 this section.

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1 (6) As used in this section, "felony in which a motor

2 vehicle was used" means a felony during the commission of which

3 the person operated a motor vehicle and while operating the vehi-

4 cle presented real or potential harm to persons or property and 1

5 or more of the following circumstances existed:

6 (a) The vehicle was used as an instrument of the felony.

7 (b) The vehicle was used to transport a victim of the

8 felony.

9 (c) The vehicle was used to flee the scene of the felony.

10 (d) The vehicle was necessary for the commission of the

11 felony.

12 Sec. 319. (1) The secretary of state shall immediately sus-

13 pend a person's license as provided in this section upon receiv-

14 ing a record of the person's conviction for a crime described in

15 this section, whether the conviction is under a law of this

16 state, a local ordinance substantially corresponding to a law of

17 this state, or a law of another state substantially corresponding

18 to a law of this state.

19 (2) The secretary of state shall suspend the person's

20 license for 1 year for any of the following crimes:

21 (a) Fraudulently altering or forging documents pertaining to

22 motor vehicles in violation of section 257.

23 (b) A violation of section 413 of the Michigan penal code,

24 1931 PA 328, MCL 750.413.

25 (c) A violation of section 1 of 1931 PA 214, MCL 752.191.

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1 (d) Failing to stop and disclose identity at the scene of an

2 accident resulting in death or serious injury in violation of

3 section 617.

4 (e) A felony in which a motor vehicle was used. As used in

5 this section, "felony in which a motor vehicle was used" means a

6 felony during the commission of which the person convicted oper-

7 ated a motor vehicle and while operating the vehicle presented

8 real or potential harm to persons or property and 1 or more of

9 the following circumstances existed:

10 (i) The vehicle was used as an instrument of the felony.

11 (ii) The vehicle was used to transport a victim of the

12 felony.

13 (iii) The vehicle was used to flee the scene of the felony.

14 (iv) The vehicle was necessary for the commission of the

15 felony.

16 (f) A violation of section 602a(2) or (3) of this act or

17 section 479a(2) or (3) of the Michigan penal code, 1931 PA 328,

18 MCL 750.479a.

19 (3) The secretary of state shall suspend the person's

20 license for 90 days for any of the following crimes:

21 (a) Failing to stop and disclose identity at the scene of an

22 accident resulting in injury in violation of section 617a.

23 (b) A violation of section 626 or section 653a(3).

24 (c) Malicious destruction resulting from the operation of a

25 vehicle under section 382(1)(b), (c), or (d) of the Michigan

26 penal code, 1931 PA 328, MCL 750.382.

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1 (d) A violation of section 703(2) of the Michigan liquor

2 control code of 1998, 1998 PA 58, MCL 436.1703.

3 (4) The secretary of state shall suspend the person's

4 license for 30 days for malicious destruction resulting from the

5 operation of a vehicle under section 382(1)(a) of the Michigan

6 penal code, 1931 PA 328, MCL 750.382.

7 (5) For perjury or making a false certification to the sec-

8 retary of state under any law requiring the registration of a

9 motor vehicle or regulating the operation of a vehicle on a high-

10 way, the secretary shall suspend the person's license as

11 follows:

12 (a) If the person has no prior conviction for an offense

13 described in this subsection within 7 years, for 90 days.

14 (b) If the person has 1 or more prior convictions for an

15 offense described in this subsection within 7 years, for 1 year.

16 (6) For a violation of section 414 of the Michigan penal

17 code, 1931 PA 328, MCL 750.414, the secretary of state shall sus-

18 pend the person's license as follows:

19 (a) If the person has no prior conviction for that offense

20 within 7 years, for 90 days.

21 (b) If the person has 1 or more prior convictions for that

22 offense within 7 years, for 1 year.

23 (7) For a violation of section 624a or 624b of this act or

24 section 703(1) of the Michigan liquor control code of 1998, 1998

25 PA 58, MCL 436.1703, the secretary of state shall suspend the

26 person's license as follows:

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1 (a) If the person has 1 prior conviction for an offense

2 described in this subsection or section 33b(1) of former 1933 (Ex

3 Sess) PA 8, for 90 days. The secretary of state may issue the

4 person a restricted license after the first 30 days of

5 suspension.

6 (b) If the person has 2 or more prior convictions for an

7 offense described in this subsection or section 33b(1) of former

8 1933 (Ex Sess) PA 8, for 1 year. The secretary of state may

9 issue the person a restricted license after the first 60 days of

10 suspension.

11 (8) The secretary of state shall suspend the person's

12 license for a violation of section 625 or 625m as follows:

13 (a) For 180 days for a violation of section 625(1) if the

14 person has no prior convictions within 7 years. The secretary of

15 state may issue the person a restricted license during all or a

16 specified portion of the suspension, except that the secretary of

17 state shall not issue a restricted license during the first 30

18 days of suspension.

19 (b) For 90 days for a violation of section 625(3) if the

20 person has no prior convictions within 7 years. However, if the

21 person is convicted of a violation of section 625(3), for operat-

22 ing a vehicle when, due to the consumption of a controlled sub-

23 stance or a combination of intoxicating liquor and a controlled

24 substance, the person's ability to operate the vehicle was visi-

25 bly impaired, the secretary of state shall suspend the person's

26 license under this subdivision for 180 days. The secretary of

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1 state may issue the person a restricted license during all or a

2 specified portion of the suspension.

3 (c) For 30 days for a violation of section 625(6) if the

4 person has no prior convictions within 7 years. The secretary of

5 state may issue the person a restricted license during all or a

6 specified portion of the suspension.

7 (d) For 90 days for a violation of section 625(6) if the

8 person has 1 or more prior convictions for that offense within 7

9 years.

10 (e) For 180 days for a violation of section 625(7) if the

11 person has no prior convictions within 7 years. The secretary of

12 state may issue the person a restricted license after the first

13 90 days of suspension.

14 (f) For 90 days for a violation of section 625m if the

15 person has no prior convictions within 7 years. The secretary of

16 state may issue the person a restricted license during all or a

17 specified portion of the suspension.

18 (9) For a violation of section 367c of the Michigan penal

19 code, 1931 PA 328, MCL 750.367c, the secretary of state shall

20 suspend the person's license as follows:

21 (a) If the person has no prior conviction for an offense

22 described in this subsection within 7 years, for 6 months.

23 (b) If the person has 1 or more convictions for an offense

24 described in this subsection within 7 years, for 1 year.

25 (10) For a violation of section 315(4), the secretary of

26 state may suspend the person's license for 6 months and shall

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1 revoke the person's license for a second or subsequent conviction

2 as required under section 315(5).

3 (11) THE SECRETARY OF STATE SHALL IMMEDIATELY SUSPEND A

4 PERSON'S LICENSE FOR THE PERIOD PRESCRIBED IN AN ORDER ENTERED

5 UNDER SECTION 17E(2)(B) OR (4) OF CHAPTER XIIA OF THE PROBATE

6 CODE OF 1939, 1939 PA 288, MCL 712A.17E.

7 (12) ~~(11)~~ Except as provided in subsection ~~(13)~~ (14), a

8 suspension under this section shall be imposed notwithstanding a

9 court order.

10 (13) ~~(12)~~ If the secretary of state receives records of

11 more than 1 conviction of a person resulting from the same inci-

12 dent, a suspension shall be imposed only for the violation to

13 which the longest period of suspension applies under this

14 section.

15 (14) ~~(13)~~ The secretary of state may waive a suspension of

16 a person's license imposed under this act if the person submits

17 proof that a court in another state revoked, suspended, or

18 restricted his or her license for a period equal to or greater

19 than the period of a suspension prescribed under this act for the

20 violation and that the revocation, suspension, or restriction was

21 served for the violation, or may grant a restricted license.

22 (15) ~~(14)~~ The secretary of state shall not issue a

23 restricted license to a person whose license is suspended under

24 this section unless a restricted license is authorized under this

25 section and the person is otherwise eligible for a license.

26 (16) ~~(15)~~ The secretary of state shall not issue a

27 restricted license to a person under subsection (8) that would

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1 permit the person to operate a commercial motor vehicle that

2 hauls hazardous material.

3 (17) ~~(16)~~ A restricted license issued under this section

4 shall permit the person to whom it is issued to drive under 1 or

5 more of the following circumstances:

6 (a) In the course of the person's employment or occupation.

7 (b) To and from any combination of the following:

8 (i) The person's residence.

9 (ii) The person's work location.

10 (iii) An alcohol or drug education or treatment program as

11 ordered by the court.

12 (iv) The court probation department.

13 (v) A court-ordered community service program.

14 (vi) An educational institution at which the person is

15 enrolled as a student.

16 (vii) A place of regularly occurring medical treatment for a

17 serious condition for the person or a member of the person's

18 household or immediate family.

19 (18) ~~(17)~~ While driving with a restricted license, the

20 person shall carry proof of his or her destination and the hours

21 of any employment, class, or other reason for traveling and shall

22 display that proof upon a peace officer's request.

23 (19) ~~(18)~~ Subject to subsection ~~(20)~~ (21), as used in

24 subsection (8), "prior conviction" means a conviction for any of

25 the following, whether under a law of this state, a local ordi-

26 nance substantially corresponding to a law of this state, or a

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1 law of another state substantially corresponding to a law of this

2 state:

3 (a) Except as provided in subsection ~~(19)~~ (20), a viola-

4 tion or attempted violation of section 625(1), (3), (4), (5),

5 (6), or (7), section 625m, former section 625(1) or (2), or

6 former section 625b.

7 (b) Negligent homicide, manslaughter, or murder resulting

8 from the operation of a vehicle or an attempt to commit any of

9 those crimes.

10 (20) ~~(19)~~ Except for purposes of the suspensions described

11 in subsection (8)(c) and (d), only 1 violation or attempted vio-

12 lation of section 625(6), a local ordinance substantially corre-

13 sponding to section 625(6), or a law of another state substan-

14 tially corresponding to section 625(6) may be used as a prior

15 conviction.

16 (21) ~~(20)~~ If 2 or more convictions described in subsection

17 ~~(18)~~ (19) are convictions for violations arising out of the

18 same transaction, only 1 conviction shall be used to determine

19 whether the person has a prior conviction.

20 Enacting section 1. This amendatory act does not take

21 effect unless all of the following bills of the 91st Legislature

22 are enacted into law:

23 (a) Senate Bill No. 483.

25 (b) Senate Bill No. 485.

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1 (c) Senate Bill No. _____ or House Bill No. _____ (request

2 no. S02107'01 **).

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