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).