MOBILE INFRARED TRANSMITTERS - S.B. 842 & 843: COMMITTEE SUMMARY
sans-serif">Senate Bills 842 and 843 (as introduced 11-13-03)
Sponsor: Senator Tony Stamas (S.B. 842)
Senator Jud Gilbert, II (S.B. 843)
CONTENT
Senate Bills 842 and 843 would amend the Michigan Vehicle Code and the Code of Criminal Procedure, respectively, to prohibit, and prescribe penalties for, the possession, use, sale, or purchase of a mobile infrared transmitter.
Senate Bill 842 would define “mobile infrared transmitter” as a device that emitted an infrared beam capable of changing a traffic control signal to green out of sequence.
Senate Bill 842
The bill would prohibit a person from possessing, using, selling, or purchasing a mobile infrared transmitter, unless the person was an operator, passenger, or owner of an authorized emergency vehicle in the course of his or her emergency duties.
A person who possessed a transmitter would be guilty of a misdemeanor punishable by imprisonment for up to 90 days or a maximum fine of $5,000, or both. A person who used a transmitter would be guilty of a felony punishable as described in Table 1, depending on whether the use resulted in a traffic accident, the serious impairment of a body function (as defined in the Code), or the death of another person.
Table 1
Offense |
Maximum Years of Imprisonment |
Maximum Fine |
Use |
2 |
$10,000 |
Use causing traffic accident |
5 |
$15,000 |
Use causing serious impairment |
10 |
$20,000 |
Use causing death |
15 |
$25,000 |
If a person sold or purchased a mobile infrared transmitter, he or she would be guilty of a felony punishable by up to two years’ imprisonment, a maximum fine of $10,000, or both.
Senate Bill 843
The bill would amend the Code of Criminal Procedure to add using, selling, and purchasing a mobile infrared transmitter to the sentencing guidelines, as shown in Table 2.
Table 2
Offense |
Felony Class |
Statutory Maximum Imprisonment |
Use |
Class G against public order |
2 years |
Use causing traffic accident |
Class E against public order |
5 years |
Use causing serious impairment |
Class D against a person |
10 years |
Use causing death |
Class B against a person |
15 years |
Sale or Purchase |
Class G against public order |
2 years |
The bill is tie-barred to Senate Bill 842.
Proposed MCL 257.616a (S.B. 842) - Legislative Analyst: Julie Koval
& #160; 777.12e (S.B. 843)
FISCAL IMPACT
The bills would have an indeterminate fiscal impact on State and local government.
There are no data to indicate how many offenders would be convicted of the proposed offenses involving a mobile infrared transmitter. Local units of government would incur the cost of misdemeanor probation and the cost of incarceration in a local facility, which vary by county. The State would incur the cost of felony probation at an average annual cost of $1,750 and the cost of incarceration in a State facility at an average annual cost of $27,000. Table 3 shows the sentencing guidelines minimum sentence ranges and the cost per offender if an offender were convicted, sentenced to prison, and given the longest allowable minimum sentence for each of the proposed felonies.
Table 3
Offense |
Crime Class |
Sentencing Guidelines Minimum Sentence Range (in months) |
Cost per offender given longest allowable minimum prison sentence |
Use of transmitter |
G |
0-3 to 7-23 |
$51,750* |
Use causing an accident |
E |
0-3 to 24-38 |
$85,500 |
Use causing serious impairment |
D |
0-6 to 43-76 |
$171,000 |
Use causing death |
B |
0-18 to 117-160 |
$360,000 |
Sale or purchase |
G |
0-3 to 7-23 |
$51,750* |
*Under sentencing guidelines, although it is possible for Class G offenders to receive a prison term, it is unlikely unless they have an extensive prior record. They are much more likely to receive an intermediate sanction or incarceration in a local facility.
- Fiscal Analyst: Bethany Wicksall
- S0304\s842sa
This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.