COURT RECORD ABSTRACT; MIP S.B. 510:
SUMMARY OF BILL
REPORTED FROM COMMITTEE
Senate Bill 510 (as reported without amendment)
CONTENT
The bill would amend the Michigan Vehicle Code to require the clerk of a court to forward an abstract of the court record to the Secretary of State (SOS) upon a finding or admission of responsibility (instead of a conviction) for a violation of the Michigan Liquor Control Code involving the sale or furnishing of alcohol to a minor or a minor's purchase, consumption, or possession of alcohol.
The Michigan Vehicle Code requires each municipal judge and each clerk of a court of record to keep a full record of every case in which a person is charged with or cited for a violation of the Code or a substantially corresponding local ordinance regulating the operation of vehicles on highways, and with those offenses pertaining to the operation of off-road vehicles (ORVs) or snowmobiles for which points are assessed on a person's driving record (offenses pertaining to the operation of a motor vehicle, ORV, or snowmobile under the influence of alcohol or a controlled substances).
The Code also lists a number of other offenses for which the clerk of a court must forward an abstract of the court record to the SOS after an individual's conviction. These offenses include a violation of Section 701(1) and 703 of the Michigan Liquor Control Code or a substantially corresponding local ordinance. Under the bill, for such a violation, the court clerk would have to forward an abstract of the court record to the SOS upon a finding or admission of responsibility.
(Section 701(1) of the Liquor Control Code prohibits the sale or furnishing of alcohol to a minor and includes various criminal, civil, and administrative penalties for a violation. Section 703 prohibits a minor from purchasing or attempting to purchase, consuming or attempting to consume, or possessing or attempting to possess alcoholic liquor, or from having any bodily alcohol content, except as otherwise provided. A minor who violates Section 703(1) is guilty of a misdemeanor. Effective October 10, 2017, a minor who violates Section 703(1) for the first time will be responsible for a State civil violation, punishable by a $100 fine. A minor who violates Section 703(1) two or more times will be guilty of a misdemeanor.)
MCL 257.732 Legislative Analyst: Jeff Mann
FISCAL IMPACT
The bill would have no fiscal impact on State or local government.
Date Completed: 9-13-17 Fiscal Analyst: Ryan Bergan
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.