HOUSE BILL No. 5112

 

August 31, 2005, Introduced by Rep. Shaffer and referred to the Committee on Judiciary.

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 303 (MCL 257.303), as amended by 2004 PA 362.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

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

 

under this act to any of the following persons:

 

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

 

age, except as otherwise provided in this act.

 

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

 

age, except as otherwise provided in this act.

 

     (c) A person whose license is suspended, revoked, denied, or

 

canceled in any state. If the suspension, revocation, denial, or


 

cancellation is not from the jurisdiction that issued the last

 

license to the person, the secretary of state may issue a license

 

after the expiration of 5 years from the effective date of the most

 

recent suspension, revocation, denial, or cancellation.

 

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

 

afflicted with or suffering from a physical or mental disability or

 

disease preventing that person from exercising reasonable and

 

ordinary control over a motor vehicle while operating the motor

 

vehicle upon the highways.

 

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

 

direction signs in the English language.

 

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

 

ability test administered by the secretary of state in connection

 

with the issuance of an original operator's or chauffeur's license,

 

original motorcycle indorsement, or an original or renewal of a

 

vehicle group designation or vehicle indorsement.

 

     (g) A person who has been convicted of, has received a

 

juvenile disposition for, or has been determined responsible for 2

 

or more moving violations under a law of this state, a local

 

ordinance substantially corresponding to a law of this state, or a

 

law of another state substantially corresponding to a law of this

 

state within the preceding 3 years, if the violations occurred

 

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

 

another state.

 

     (h) A nonresident including a foreign exchange student.

 

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

 

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


 

an order or judgment of the court, including, but not limited to,

 

paying all fines, costs, fees, and assessments, in violation of

 

section 321a, until that person answers the citation or notice to

 

appear in court or for any matter pending or complies with an order

 

or judgment of the court, including, but not limited to, paying all

 

fines, costs, fees, and assessments, as provided under section

 

321a.

 

     (j) A person not licensed under this act who has been

 

convicted of, has received a juvenile disposition for, or has been

 

determined responsible for a crime or civil infraction described in

 

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

 

this subdivision for the length of time corresponding to the period

 

of the licensing sanction that would have been imposed under

 

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

 

time of the violation.

 

     (k) A person not licensed under this act who has been

 

convicted of or received a juvenile disposition for committing a

 

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

 

under this subdivision for the length of time that corresponds to

 

the period of the licensing sanction that would have been imposed

 

under section 319e if the person had been licensed at the time of

 

the violation.

 

     (l) A person not licensed under this act who is determined to

 

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

 

703(1) of the Michigan liquor control code of 1998, 1998 PA 58, MCL

 

436.1703, or section 624a or 624b of this act. The person shall be

 

denied a license under this subdivision for a period of time that


 

corresponds to the period of the licensing sanction that would have

 

been imposed under those sections had the person been licensed at

 

the time of the violation.

 

     (2) The secretary of state may deny issuance of an operator's

 

license until the age of 17 to a person not licensed under this act

 

who was convicted of or received a juvenile disposition for

 

violating or attempting to violate section 411a(2) of the Michigan

 

penal code, 1931 PA 328, MCL 750.411a, involving a school when he

 

or she was less than 14 years of age. A person not issued a license

 

under this subdivision is not eligible to begin graduated licensing

 

training until he or she attains 16 years of age.

 

     (3) The secretary of state may deny issuance of an operator's

 

license to a person less than 21 years of age not licensed under

 

this act who was convicted of or has received a juvenile

 

disposition for violating or attempting to violate section 411a(2)

 

of the Michigan penal code, 1931 PA 328, MCL 750.411a, involving a

 

school when he or she was 14 years of age or older, until 3 years

 

after the date of the conviction or juvenile disposition. A person

 

not issued a license under this subdivision is not eligible to

 

begin graduated licensing training or otherwise obtain an original

 

operator's or chauffeur's license until 3 years after the date of

 

the conviction or juvenile disposition.

 

     (4) The secretary of state shall deny issuance of a vehicle

 

group designation to a person if the person has been disqualified

 

by the United States secretary of transportation from operating a

 

commercial motor vehicle.

 

     (5) Upon receiving the appropriate records of conviction, the


 

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

 

license of a person and deny issuance of an operator's or

 

chauffeur's license to a person having any of the following,

 

whether under a law of this state, a local ordinance substantially

 

corresponding to a law of this state, or a law of another state

 

substantially corresponding to a law of this state:

 

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

 

reckless driving in violation of section 626.

 

     (b) Any combination of 2 or more convictions within 7 years

 

for any of the following:

 

     (i) A felony in which a motor vehicle was used.

 

     (ii) A violation or attempted violation of section 601b(2) or

 

(3), section 601c(1) or (2), section 602a(4) or (5), section 617,

 

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

 

     (iii) Negligent homicide, manslaughter, or murder resulting from

 

the operation of a vehicle or an attempt to commit any of those

 

crimes.

 

     (iv) A violation or attempted violation of section 479a(4) or

 

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

 

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

 

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

 

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

 

the following within 7 years:

 

     (i) A violation or attempted violation of section 625, except a

 

violation of section 625(2), or a violation of any prior enactment

 

of section 625 in which the defendant operated a vehicle while

 

under the influence of intoxicating or alcoholic liquor or a


 

controlled substance, or a combination of intoxicating or alcoholic

 

liquor and a controlled substance, or while visibly impaired, or

 

with an unlawful bodily alcohol content.

 

     (ii) A violation or attempted violation of section 625m.

 

     (iii) Former section 625b.

 

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

 

section 315(5), section 601b(3), section 601c(2), section 602a(4)

 

or (5), section 617, section 625(4) or (5), section 653a(4), or

 

section 904(4) or (5).

 

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

 

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

 

commit any of those crimes.

 

     (f) One conviction for a violation or attempted violation of

 

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

 

750.479a.

 

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

 

of the following or 1 conviction for a violation or attempted

 

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

 

for any of the following within 10 years, if any of the convictions

 

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

 

     (i) A violation or attempted violation of section 625, except a

 

violation of section 625(2), or a violation of any prior enactment

 

of section 625 in which the defendant operated a vehicle while

 

under the influence of intoxicating or alcoholic liquor or a

 

controlled substance, or a combination of intoxicating or alcoholic

 

liquor and a controlled substance, or while visibly impaired, or

 

with an unlawful bodily alcohol content.


 

     (ii) A violation or attempted violation of section 625m.

 

     (iii) Former section 625b.

 

     (h) A violation or attempted violation of section 7401(2)(b)(i)

 

of the public health code, 1978 PA 368, MCL 333.7401, involving a

 

substance described in section 7214(c)(ii) of that act.

 

     (6) The secretary of state shall revoke a license under

 

subsection (5) notwithstanding a court order unless the court order

 

complies with section 323.

 

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

 

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

 

or revoked and denied under subsection (5) until all of the

 

following occur, as applicable:

 

     (a) The later of the following:

 

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

 

was revoked or denied.

 

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

 

a subsequent revocation or denial occurring within 7 years after

 

the date of any prior revocation or denial.

 

     (b) For a denial under subsection (5)(a), (b), (c), and (g),

 

the person rebuts by clear and convincing evidence the presumption

 

resulting from the prima facie evidence that he or she is a

 

habitual offender. The convictions that resulted in the revocation

 

and denial constitute prima facie evidence that he or she is a

 

habitual offender.

 

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

 

     (8) Multiple convictions or civil infraction determinations

 

resulting from the same incident shall be treated as a single


 

violation for purposes of denial or revocation of a license under

 

this section.

 

     (9) As used in this section, "felony in which a motor vehicle

 

was used" means a felony during the commission of which the person

 

operated a motor vehicle and while operating the vehicle presented

 

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

 

following circumstances existed:

 

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

 

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

 

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

 

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

 

felony.

 

     Enacting section 1.  This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 5113(request no.

 

03654'05 a) of the 93rd Legislature is enacted into law.