May 26, 2011, Introduced by Reps. Santana, Yonker, Brown, Bauer, Smiley, Hovey-Wright, Tlaib, Barnett, Olumba, Talabi, Durhal, Howze, Rutledge, Townsend, Womack, Irwin, Bledsoe, Nathan, Forlini, Stapleton, Pscholka, Liss, Wayne Schmidt and Jackson and referred to the Committee on Judiciary.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
(MCL 257.1 to 257.923) by adding section 601e.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 601e. (1) A person who commits a moving violation and as
a result causes the serious impairment of a body function of a
vulnerable roadway user on a highway who is in compliance with this
act is guilty of a misdemeanor punishable by any of the following:
(a) Imprisonment for not more than 93 days.
(b) A fine of not more than $1,000.00.
(c) Community service for not more than 180 hours.
(2) A person who commits a moving violation and as a result
causes death to a vulnerable roadway user on a highway who is in
compliance with this act is guilty of a misdemeanor punishable by
any of the following:
(a) Imprisonment for not more than 1 year.
(b) A fine of not more than $2,000.00.
(c) Community service for not more than 360 hours.
(3) A person who engages in reckless driving as described in
section 626(2) and as a result causes death to a vulnerable roadway
user on a highway who is in compliance with this act is guilty of a
felony punishable by imprisonment for not more than 15 years or a
fine of not more than $10,000.00, or both.
(4) This section does not prohibit a person from being charged
with, convicted of, or punished for any other violation of law
arising out of the same transaction as the violation of this
section other than a violation of section 626(4).
(5) The court may order a term of imprisonment imposed for a
violation of this section to be served consecutively to a term of
imprisonment imposed for any other crime including any other
violation of law arising out of the same transaction as the
violation of this section.
(6) The court shall order a person convicted of a misdemeanor
under this section to successfully complete a basic driver
improvement course approved by the secretary of state under section
320d.
(7) As used in this section:
(a) "Moving violation" means an act or omission prohibited
under this act or a local ordinance substantially corresponding to
this act that occurs while a person is operating a motor vehicle
and for which the person is subject to a fine.
(b) "Nonmotorized transportation device" means a device in,
upon, or by which any person or property, or both, is or may be
transported or drawn upon a highway by human power, that is not
designed to be operated by motor, and that is regulated under this
act. Nonmotorized transportation device includes, but is not
limited to, the following:
(i) A cycle with 1 or more wheels, including, but not limited
to, a bicycle.
(ii) A wheelchair.
(c) "Vulnerable roadway user" means a pedestrian or a person
operating a nonmotorized transportation device.