February 13, 2003, Introduced by Rep. Kolb 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 2002 PA
534.
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 750
6 to be responsible or responsible "with explanation" for a civil
7 infraction under this act or a local ordinance substantially
8 corresponding to a provision of this act, the judge, district
9 court referee, or district court magistrate may order the person
10 to pay a civil fine of not more than $100.00 and costs as
1 provided in subsection (4). However, for a violation of
2 section 674(1)(s) or a local ordinance substantially
3 corresponding to section 674(1)(s), the person shall be ordered
4 to pay costs as provided in subsection (4) and a civil fine of
5 not less than $50.00 or more than $100.00. 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. For a violation of section 682 or a local ordinance
10 substantially corresponding to section 682, the person shall be
11 ordered to pay costs as provided in subsection (4) and a civil
12 fine of not less than $100.00 or more than $500.00. Permission
13 may be granted for payment of a civil fine and costs to be made
14 within a specified period of time or in specified installments,
15 but unless permission is included in the order or judgment, the
16 civil fine and costs shall be payable immediately.
17 (3) Except as provided in this subsection, if a person is
18 determined to be responsible or responsible "with explanation"
19 for a civil infraction under this act or a local ordinance
20 substantially corresponding to a provision of this act while
21 driving a commercial motor vehicle, he or she shall be ordered to
22 pay costs as provided in subsection (4) and a civil fine of not
23 more than $250.00. If a person is determined to be responsible
24 or responsible "with explanation" for a civil infraction under
25 section 319g or a local ordinance substantially corresponding to
26 section 319g, that person shall be ordered to pay costs as
27 provided in subsection (4) and a civil fine of not more than
1 $10,000.00.
2 (4) If a civil fine is ordered under subsection (2) or (3),
3 the judge , district
court referee, or district court
4 magistrate shall summarily tax and determine the costs of the
5 action, which are not limited to the costs taxable in ordinary
6 civil actions, and may include all expenses, direct and indirect,
7 to which the plaintiff has been put in connection with the civil
8 infraction, up to the entry of judgment. Except in a civil
9 infraction for a parking violation, costs of not less than $5.00
10 shall be ordered. Costs shall not be ordered in excess of
11 $100.00. A civil fine ordered under subsection (2) or (3) shall
12 not be waived unless costs ordered under this subsection are
13 waived. Except as otherwise provided by law, costs are payable
14 to the general fund of the plaintiff.
15 (5) In addition to a civil fine and costs ordered under
16 subsection (2) or (3) and
subsection (4), the judge , district
17 court referee, or district court magistrate may order the person
18 to attend and complete a program of treatment, education, or
19 rehabilitation.
20 (6) A district court referee
or district court magistrate
21 shall impose the sanctions permitted under subsections (2), (3),
22 and (5) only to the extent expressly authorized by the chief
23 judge or only judge of the district court district.
24 (7) Each district of the district court and each municipal
25 court may establish a schedule of civil fines and costs to be
26 imposed for civil infractions which occur within the respective
27 district or city. If a schedule is established, it shall be
1 prominently posted and readily available for public inspection.
2 A schedule need not include all violations which are designated
3 by law or ordinance as civil infractions. A schedule may exclude
4 cases on the basis of a defendant's prior record of civil
5 infractions or traffic offenses, or a combination of civil
6 infractions and traffic offenses.
7 (8) The state court administrator shall annually publish and
8 distribute to each district and court a recommended range of
9 civil fines and costs for first-time civil infractions. This
10 recommendation is not binding upon the courts having jurisdiction
11 over civil infractions but is intended to act as a normative
12 guide for judges ,
district court referees, and district court
13 magistrates and a basis for public evaluation of disparities in
14 the imposition of civil fines and costs throughout the 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
18 certification by a law enforcement agency that repair of the
19 defective 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
25 judicature act of 1961, 1961 PA 236, MCL 600.4001 to 600.4065, or
26 under chapter 60 of the revised judicature act of 1961, 1961
27 PA 236, MCL 600.6001 to 600.6098.
1 (11) If a person fails to comply with an order or judgment
2 issued pursuant to this section, within the time prescribed by
3 the court, the driver's license of that person shall be suspended
4 pursuant to section 321a until full compliance with that order or
5 judgment occurs. In addition to this suspension, the court may
6 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 or 710e(3) if the person, before the appearance
10 date on the citation, supplies the court with evidence of
11 acquisition, purchase, or rental of a child seating system
12 meeting the requirements of section 710d or 710e(3).
13 (13) In addition to any fines and costs ordered to be paid
14 under this section, the
judge , district court referee, or
15 district court magistrate shall levy an assessment of $5.00 for
16 each civil infraction determination, except for a parking
17 violation or a violation for which the total fine and costs
18 imposed are $10.00 or less. Upon payment of the assessment, the
19 clerk of the court shall transmit the assessment levied to the
20 state treasury to be deposited into the Michigan justice training
21 fund. An assessment levied under this subsection is not a civil
22 fine 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
27 valid registration certificate that was valid on the date the
1 violation of section 223 occurred.
2 Enacting section 1. This amendatory act takes effect April
3 1, 2004.
4 Enacting section 2. This amendatory act does not take
5 effect unless Senate Bill No. _____ or House Bill No. 4200
6 (request no. 00928'03) of the 92nd Legislature is enacted into
7 law.