HOUSE BILL No. 4649

 

 

May 24, 2017, Introduced by Rep. Lucido and referred to the Committee on Law and Justice.

 

     A bill to amend 1994 PA 451, entitled

 

"Natural resources and environmental protection act,"

 

by amending sections 80180, 80181, 82136, and 82137 (MCL 324.80180,

 

324.80181, 324.82136, and 324.82137), section 80180 as amended by

 

2014 PA 402, sections 80181 and 82137 as added by 1995 PA 58, and

 

section 82136 as amended by 2014 PA 404; and to repeal acts and

 

parts of acts.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 80180. (1) A peace officer, without a warrant, may arrest

 

a person if the peace officer has reasonable cause to believe that

 

the person was, at the time of an accident, the operator of a

 

vessel involved in the accident in this state while in violation of

 

section 80176(1), (3), (4), (5), (6), or (7) or a local ordinance

 

substantially corresponding to section 80176(1), (3), or (6).

 

     (2) A peace officer who has reasonable cause to believe that a


person was operating a motorboat on the waters of this state, and

 

that, by the consumption of alcoholic liquor, the person may have

 

affected his or her ability to operate a motorboat, may require the

 

person to submit to a preliminary chemical breath analysis. The

 

following apply with respect to a preliminary chemical breath

 

analysis:

 

     (a) Only a peace officer who has successfully completed a

 

training course taught by a state-certified instructor in the

 

administration of the preliminary chemical breath analysis may

 

administer that test.

 

     (b) A peace officer may arrest a person based in whole or in

 

part upon the results of a preliminary chemical breath analysis.

 

     (c) The results of a preliminary chemical breath analysis are

 

admissible in a criminal prosecution for a crime described in

 

section 80187(1) or in an administrative hearing solely to assist

 

the court or hearing officer in determining a challenge to the

 

validity of an arrest. This subdivision does not limit the

 

introduction of other competent evidence offered to establish the

 

validity of an arrest.

 

     (d) A person who submits to a preliminary chemical breath

 

analysis remains subject to the requirements of sections 80187 to

 

80190 for the purposes of chemical tests described in those

 

sections.

 

     (e) A person who refuses to submit to a preliminary chemical

 

breath analysis upon a lawful request by a peace officer is

 

responsible for a state civil infraction and may be ordered to pay

 

a civil fine of not more than $500.00.


     (2) (3) A peace officer making an arrest under this part shall

 

take measures to assure that the motorboat and its occupants are

 

safely returned to shore.

 

     (3) (4) If, not more than 60 days after the issuance of a

 

citation for a state civil infraction under this section, the

 

person to whom the citation is issued is not charged with a

 

violation of section 80176(1), (3), (4), (5), (6), or (7) or a

 

local ordinance substantially corresponding to section 80176(1),

 

(3), or (6), the citation issued for the state civil infraction is

 

void. Upon application of the person to whom the citation is

 

issued, money paid by the person as a fine, costs, or otherwise

 

shall must be immediately returned.

 

     Sec. 80181. (1) The following apply with respect to a chemical

 

test and analysis of a person's blood, urine, or breath: , other

 

than a preliminary chemical breath analysis:

 

     (a) The amount of alcohol or presence of a controlled

 

substance, or both, in an operator's blood at the time alleged as

 

shown by chemical analysis of the person's blood, urine, or breath

 

is admissible into evidence in any civil or criminal proceeding.

 

     (b) A person arrested for a crime described in section

 

80187(1) shall be advised of all of the following:

 

     (i) That if the person takes a chemical test of his or her

 

blood, urine, or breath administered at the request of a peace

 

officer, the person has the right to demand that someone of the

 

person's own choosing administer 1 of the chemical tests; that the

 

results of the test are admissible in a judicial proceeding as

 

provided under this part and shall must be considered with other


competent evidence in determining the innocence or guilt of the

 

defendant; and that the person is responsible for obtaining a

 

chemical analysis of a test sample obtained pursuant to the

 

person's own request.

 

     (ii) That if the person refuses the request of a peace officer

 

to take a test described in subparagraph (i), the test shall must

 

not be given without a court order, but the peace officer may seek

 

to obtain such a court order.

 

     (iii) That the person's refusal of the request of a peace

 

officer to take a test described in subparagraph (i) will result in

 

issuance of an order that the person not operate a vessel on the

 

waters of this state for at least not less than 6 months.

 

     (2) A sample or specimen of urine or breath shall must be

 

taken and collected in a reasonable manner. Only a licensed

 

physician, or a licensed nurse or medical technician under the

 

direction of a licensed physician, qualified to withdraw blood and

 

acting in a medical environment, may withdraw blood at the request

 

of a peace officer for the purpose of determining the amount of

 

alcohol or presence of a controlled substance, or both, in a

 

person's blood, as provided in this subsection. A qualified person

 

who withdraws or analyzes blood, or assists in the withdrawal or

 

analysis, in accordance with this part is not liable for a crime or

 

civil damages predicated on the act of withdrawing or analyzing

 

blood and related procedures unless the withdrawal or analysis is

 

performed in a negligent manner.

 

     (3) A rule relating to a chemical test for alcohol or a

 

controlled substance promulgated under the Michigan vehicle code,


Act No. 300 of the Public Acts of 1949, being sections 257.1 to

 

257.923 of the Michigan Compiled Laws, 1949 PA 300, MCL 257.1 to

 

257.923, applies to a chemical test administered under this part.

 

     Sec. 82136. (1) A peace officer, without a warrant, may arrest

 

a person if the peace officer has reasonable cause to believe that

 

the person was, at the time of an accident, the operator of a

 

snowmobile involved in the accident in this state while in

 

violation of section 82127(1), (3), (4), (5), (6), or (7) or a

 

local ordinance substantially corresponding to section 82127(1),

 

(3), or (6).

 

     (2) A peace officer who has reasonable cause to believe that a

 

person was operating a snowmobile and that, by the consumption of

 

alcoholic liquor, the person may have affected his or her ability

 

to operate a snowmobile may require the person to submit to a

 

preliminary chemical breath analysis. The following apply with

 

respect to a preliminary chemical breath analysis:

 

     (a) A peace officer may arrest a person based in whole or in

 

part upon the results of a preliminary chemical breath analysis.

 

     (b) The results of a preliminary chemical breath analysis are

 

admissible in a criminal prosecution for a crime enumerated in

 

section 82143(1) or in an administrative hearing solely to assist

 

the court or hearing officer in determining a challenge to the

 

validity of an arrest. This subdivision does not limit the

 

introduction of other competent evidence offered to establish the

 

validity of an arrest.

 

     (c) A person who submits to a preliminary chemical breath

 

analysis remains subject to the requirements of sections 82143 to


82146 for the purposes of chemical tests described in those

 

sections.

 

     (d) A person who refuses to submit to a preliminary chemical

 

breath analysis upon a lawful request by a peace officer is

 

responsible for a state civil infraction and may be ordered to pay

 

a civil fine of not more than $500.00.

 

     Sec. 82137. (1) The following apply with respect to a chemical

 

test and analysis of a person's blood, urine, or breath: , other

 

than a preliminary chemical breath analysis:

 

     (a) The amount of alcohol or presence of a controlled

 

substance, or both, in an operator's blood at the time alleged as

 

shown by chemical analysis of the person's blood, urine, or breath

 

is admissible into evidence in any civil or criminal proceeding.

 

     (b) A person arrested for a crime described in section

 

82143(1) shall be advised of all of the following:

 

     (i) That if the person takes a chemical test of his or her

 

blood, urine, or breath administered at the request of a peace

 

officer, the person has the right to demand that someone of the

 

person's own choosing administer 1 of the chemical tests; that the

 

results of the test are admissible in a judicial proceeding as

 

provided under this part and shall must be considered with other

 

competent evidence in determining the innocence or guilt of the

 

defendant; and that the person is responsible for obtaining a

 

chemical analysis of a test sample obtained pursuant to the

 

person's own request.

 

     (ii) That if the person refuses the request of a peace officer

 

to take a test described in subparagraph (i), the test shall must


not be given without a court order, but the peace officer may seek

 

to obtain such a court order.

 

     (iii) That the person's refusal of the request of a peace

 

officer to take a test described in subparagraph (i) will result in

 

issuance of an order that the person not operate a snowmobile.

 

     (2) A sample or specimen of urine or breath shall must be

 

taken and collected in a reasonable manner. Only a licensed

 

physician, or a licensed nurse or medical technician under the

 

direction of a licensed physician, qualified to withdraw blood and

 

acting in a medical environment, may withdraw blood at the request

 

of a peace officer for the purpose of determining the amount of

 

alcohol or presence of a controlled substance, or both, in a

 

person's blood, as provided in this subsection. A qualified person

 

who withdraws or analyzes blood, or assists in the withdrawal or

 

analysis, in accordance with this part is not liable for a crime or

 

civil damages predicated on the act of withdrawing or analyzing

 

blood and related procedures unless the withdrawal or analysis is

 

performed in a negligent manner.

 

     (3) A rule relating to a chemical test for alcohol or a

 

controlled substance promulgated under the Michigan vehicle code,

 

Act No. 300 of the Public Acts of 1949, being sections 257.1 to

 

257.923 of the Michigan Compiled Laws, 1949 PA 300, MCL 257.1 to

 

257.923, applies to a chemical test administered under this part.

 

     Enacting section 1. Section 81141 of the natural resources and

 

environmental protection act, 1994 PA 451, MCL 324.81141, is

 

repealed.

 

     Enacting section 2. This amendatory act takes effect January


5, 2018.

 

     Enacting section 3. This amendatory act does not take effect

 

unless all of the following bills of the 99th Legislature are

 

enacted into law:

 

     (a) Senate Bill No. ____ or House Bill No. 4648 (request no.

 

02915'17).

 

     (b) Senate Bill No. ____ or House Bill No. 4650 (request no.

 

02917'17).