HOUSE BILL No. 4181

 

 

February 13, 2019, Introduced by Rep. Manoogian and referred to the Committee on Transportation.

 

      A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending sections 320a, 602b, 602c, and 732 (MCL 257.320a,

 

257.602b, 257.602c, and 257.732), section 320a as amended by 2018

 

PA 349, section 602b as amended by 2016 PA 332, section 602c as

 

added by 2012 PA 592, and section 732 as amended by 2017 PA 160.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

 1        Sec. 320a. (1) Within 5 days after receipt of a properly

 

 2  prepared abstract from a court of this state or another state,

 

 3  the secretary of state shall record the date of conviction, civil

 

 4  infraction determination, or probate court disposition, and the

 

 5  number of points for each, based on the following formula, except

 

 6  as otherwise provided in this section and section 629c:

 

 

7

     (a) Manslaughter, negligent homicide, or a


1

felony resulting from the operation of a motor

2

vehicle, ORV, or snowmobile............................6  points

3

    (b) A violation of section 601b(2) or (3),

4

601c(1) or (2), or 653a(3) or (4) or, beginning

5

October 31, 2010, a violation of section 601d..........6  points

6

     (c) A violation of section 625(1), (4), (5),

7

(7), or (8), section 81134 or 82127(1) of the

8

natural resources and environmental protection act,

9

1994 PA 451, MCL 324.81134 and 324.82127, or a law

10

or ordinance substantially corresponding to section

11

625(1), (4), (5), (7), or (8), or section 81134

12

or 82127(1) of the natural resources and

13

environmental protection act, 1994 PA 451,

14

MCL 324.81134 and 324.82127............................6  points

15

     (d) Failing to stop and disclose identity

16

at the scene of an accident when required by law.......6  points

17

     (e) Operating a motor vehicle in violation

18

of section 626.........................................6  points

19

     (f) Fleeing or eluding an officer.................6  points

20

     (g) A violation of section 627(6) pertaining

21

to speed in a work zone described in that section

22

by exceeding the lawful maximum by more than

23

15 miles per hour......................................5  points

24

     (h) A violation of any law or ordinance

25

pertaining to speed by exceeding the lawful

26

maximum by more than 15 miles per hour.................4  points

27

     (i) A violation of section 625(3) or (6),

28

section 81135 or 82127(3) of the natural

29

resources and environmental protection act,


1

1994 PA 451, MCL 324.81135 and 324.82127,

2

or a law or ordinance substantially corresponding

3

to section 625(3) or (6) or section 81135

4

or 82127(3) of the natural resources and

5

environmental protection act, 1994 PA 451,

6

MCL 324.81135 and 324.82127............................4  points

7

     (j) A violation of section 626a or a law

8

or ordinance substantially corresponding to

9

section 626a...........................................4  points

10

     (k) A violation of section 627(6) pertaining

11

to speed in a work zone described in that section

12

by exceeding the lawful maximum by more than 10

13

but not more than 15 miles per hour....................4  points

14

     (l) Beginning October 31, 2010, a moving

15

violation resulting in an at-fault collision with

16

another vehicle, a person, or any other object.........4  points

17

     (m) Careless driving in violation of section

18

626b or a law or ordinance substantially

19

corresponding to section 626b..........................3  points

20

     (n) A violation of any law or ordinance

21

pertaining to speed by exceeding the lawful

22

maximum by more than 10 miles per hour but not

23

more than 15 miles per hour............................3  points

24

     (o) A violation of section 653a(2)................2  points

25

     (p) A violation of any law or ordinance

26

pertaining to speed by exceeding the lawful

27

maximum by more than 5 miles per hour but not

28

more than 10 miles per hour ...........................2  points

29

     (q) A violation of any law or ordinance


1

pertaining to speed by exceeding the lawful

2

maximum by more than 1 mile per hour but not

3

more than 5 miles per hour.................. ..........1  point

4

     (r) Disobeying a traffic signal or stop sign,

5

or improper passing....................................3 points

6

     (s) A violation of section 624a, 624b, or

7

a law or ordinance substantially corresponding to

8

section 624a or 624b...................................2  points

9

     (t) A violation of section 310e(4) or (6) or

10

a law or ordinance substantially corresponding

11

to section 310e(4) or (6)..............................2  points

12

     (u) All other moving violations pertaining to

13

the operation of motor vehicles reported under

14

this section...........................................2  points

15

     (v) A refusal by a person less than 21 years

16

of age to submit to a preliminary breath test

17

required by a peace officer under section 625a.........2  points

18

     (w) A violation of section 627(6) pertaining

19

to speed in a work zone described in that

20

section by exceeding the lawful maximum by

21

10 miles per hour or less..............................3  points

22

     (x) A third or subsequent violation of

23

section 602b(1)........................................2 points

24

     (y) A second violation of section 602b(1).........1 point

 

 

25        (2) Points shall not be entered for a violation of section

 

26  310e(14), 311, 602b(1), 602c, 625m, 658, 710d, 717, 719, 719a, or

 

27  723.

 

28        (3) Points shall not be entered for bond forfeitures.

 


 1        (4) Points shall not be entered for overweight loads or for

 

 2  defective equipment.

 

 3        (5) If more than 1 conviction, civil infraction

 

 4  determination, or probate court disposition results from the same

 

 5  incident, points shall be entered only for the violation that

 

 6  receives the highest number of points under this section.

 

 7        (6) If a person has accumulated 9 points as provided in this

 

 8  section, the secretary of state may call the person in for an

 

 9  interview as to the person's driving ability and record after due

 

10  notice as to time and place of the interview. If the person fails

 

11  to appear as provided in this subsection, the secretary of state

 

12  shall add 3 points to the person's record.

 

13        (7) If a person violates a speed restriction established by

 

14  an executive order issued during a state of energy emergency as

 

15  provided by 1982 PA 191, MCL 10.81 to 10.89, the secretary of

 

16  state shall enter points for the violation under subsection (1).

 

17        (8) The secretary of state shall enter 6 points upon the

 

18  record of a person whose license is suspended or denied under

 

19  section 625f. However, if a conviction, civil infraction

 

20  determination, or probate court disposition results from the same

 

21  incident, additional points for that offense shall not be

 

22  entered.

 

23        (9) If a Michigan driver commits a violation in another

 

24  state that would be a civil infraction if committed in Michigan,

 

25  and a conviction results solely because of the failure of the

 

26  Michigan driver to appear in that state to contest the violation,

 

27  upon receipt of the abstract of conviction by the secretary of

 


 1  state, the violation shall be noted on the driver's record, but

 

 2  no points shall be assessed against his or her driver's driver

 

 3  license.

 

 4        Sec. 602b. (1) Except as otherwise provided in this section,

 

 5  a person shall not read, manually type, or send a text message on

 

 6  a wireless 2-way communication use a mobile electronic device

 

 7  that is located in the person's hand or in the person's lap,

 

 8  including a wireless telephone used in cellular telephone service

 

 9  or personal communication service, while operating a motor

 

10  vehicle or a school bus. that is moving on a highway or street in

 

11  this state. As used in this subsection, a wireless 2-way

 

12  communication device does not include a global positioning or

 

13  navigation system that is affixed to the motor vehicle. This

 

14  subsection does not apply to a person operating a commercial

 

15  vehicle.

 

16        (2) Subsection (1) does not apply to any of the following

 

17  situations:

 

18        (a) A law enforcement officer, firefighter, emergency

 

19  medical technician, paramedic, operator of an authorized

 

20  emergency vehicle, or similarly engaged paid or volunteer public

 

21  safety first responder during the performance of that person's

 

22  official duties, and a public utility employee or contractor

 

23  acting within the scope of that person's employment when

 

24  responding to a public utility emergency.

 

25        (b) The use of a mobile electronic device for emergency

 

26  purposes, including a text messaging device to contact a 9-1-1

 

27  system, or an emergency call to a law enforcement agency, health

 


 1  care provider, fire department, or other emergency services

 

 2  agency or entity to report to appropriate authorities a fire,

 

 3  traffic accident, serious road hazard, or medical or hazardous

 

 4  materials emergency; to report the operator of another motor

 

 5  vehicle who is driving in a reckless or otherwise unsafe manner

 

 6  or who appears to be driving under the influence of alcohol or

 

 7  drugs; or to report a crime.

 

 8        (c) The use of a global positioning or navigation system

 

 9  feature of a mobile electronic device if information is not

 

10  entered by hand into the global positioning or navigation system

 

11  feature of the mobile electronic device.

 

12        (d) Reading, selecting, or entering a telephone number or

 

13  name in a mobile electronic device for the purpose of making or

 

14  receiving a telephone call or if a person otherwise activates or

 

15  deactivates a feature or function of a mobile electronic device.

 

16        (e) The use of a mobile electronic device in a voice-

 

17  operated or hands-free mode if the operator of the motor vehicle

 

18  does not use his or her hands to operate the device, except to

 

19  activate or deactivate a feature or function of the mobile

 

20  electronic device or the use of a mobile electronic device that

 

21  is integrated into a motor vehicle and utilizes the user

 

22  interfaces that are permanently installed into the motor vehicle.

 

23        (3) A person shall not operate a motor vehicle or school bus

 

24  while wearing headphones or earphones in both ears simultaneously

 

25  for the purposes of listening to music, video, or other sound

 

26  broadcasts.

 

27        (4) A person shall not operate a motor vehicle or school bus

 


 1  while accessing, reading, or posting to a social networking site.

 

 2        (5) A person shall not operate a motor vehicle or school bus

 

 3  while viewing, recording, or transmitting a video on a mobile

 

 4  electronic device.

 

 5        (6) (2) Except as otherwise provided in this section, a

 

 6  person shall not read, manually type, or send a text message on a

 

 7  wireless 2-way communication device that is located in the

 

 8  person's hand or in the person's lap, including a wireless

 

 9  telephone used in cellular telephone service or personal

 

10  communication service, while operating a commercial motor vehicle

 

11  or a school bus on a highway or street in this state. As used in

 

12  this subsection, a wireless "wireless 2-way communication device"

 

13  means a mobile telephone as that term is defined in 49 CFR 390.5.

 

14  Wireless 2-way communication device does not include a global

 

15  positioning or navigation system that is affixed to the

 

16  commercial motor vehicle. or school bus.

 

17        (7) (3) Except as otherwise provided in this section, a

 

18  person shall not use a hand-held mobile telephone to conduct a

 

19  voice communication while operating a commercial motor vehicle or

 

20  a school bus on a highway, including while temporarily stationary

 

21  due to traffic, a traffic control device, or other momentary

 

22  delays. This subsection does not apply if the operator of the

 

23  commercial vehicle or school bus has moved the vehicle to the

 

24  side of, or off, a highway and has stopped in a location where

 

25  the vehicle can safely remain stationary. As used in this

 

26  subsection, "mobile telephone" means that term as defined in 49

 

27  CFR 390.5. Mobile telephone does not include a 2-way radio

 


 1  service or citizens band radio service. As used in this

 

 2  subsection, "use a hand-held mobile telephone" means 1 or more of

 

 3  the following:

 

 4        (a) Using at least 1 hand to hold a mobile telephone to

 

 5  conduct a voice communication.

 

 6        (b) Dialing or answering a mobile telephone by pressing more

 

 7  than a single button.

 

 8        (c) Reaching for a mobile telephone in a manner that

 

 9  requires a driver to maneuver so that he or she is no longer in a

 

10  seated driving position, restrained by a seat belt that is

 

11  installed as required by 49 CFR 393.93 and adjusted in accordance

 

12  with the vehicle manufacturer's instructions.

 

13        (8) (4) Subsections (1), (2), (6) and (3) (7) do not apply

 

14  to an individual who is using a device described in subsection

 

15  (1) (6) or (3) (7) to do any of the following:

 

16        (a) Report a traffic accident, medical emergency, or serious

 

17  road hazard.

 

18        (b) Report a situation in which the person believes his or

 

19  her personal safety is in jeopardy.

 

20        (c) Report or avert the perpetration or potential

 

21  perpetration of a criminal act against the individual or another

 

22  person.

 

23        (d) Carry out official duties as a police officer, law

 

24  enforcement official, member of a paid or volunteer fire

 

25  department, or operator of an emergency vehicle.

 

26        (e) Operate or program the operation of an automated motor

 

27  vehicle while testing or operating the automated motor vehicle

 


 1  without a human operator while the automated driving system is

 

 2  engaged.

 

 3        (5) Subsection (1) does not apply to a person using an on-

 

 4  demand automated motor vehicle network.

 

 5        (9) (6) An Except as provided in subsection (10), an

 

 6  individual who violates this section is responsible for a civil

 

 7  infraction and shall be ordered to pay a civil fine, community

 

 8  service, or both, as follows:

 

 9        (a) For a first violation, $100.00 or 16 hours of community

 

10  service.

 

11        (b) For a second or subsequent violation, $200.00.$250.00 or

 

12  24 hours of community service, or both.

 

13        (10) If an individual is involved in an accident at the time

 

14  the individual violates this section, the civil fine ordered must

 

15  be double the amount under subsection (9) and a law enforcement

 

16  officer investigating the accident shall indicate in a written

 

17  accident report that the individual was using a mobile electronic

 

18  device at the time of the accident.

 

19        (11) (7) This section supersedes all local ordinances

 

20  regulating the use of a communications device while operating a

 

21  motor vehicle in motion on a highway or street, except that a

 

22  unit of local government may adopt an ordinance or enforce an

 

23  existing ordinance substantially corresponding to this section.

 

24        (12) A court may suspend an individual's driver license for

 

25  not more than 90 days if the individual is responsible for 3 or

 

26  more civil infractions under this section within a 3-year period.

 

27        (13) A law enforcement officer enforcing this section may

 


 1  treat a violation of this section as the primary or sole reason

 

 2  for issuing a citation to a driver. A law enforcement officer

 

 3  shall not search a motor vehicle or the driver or passenger in

 

 4  the motor vehicle solely because of a violation of this section.

 

 5        (14) Except as otherwise provided in this section, as used

 

 6  in this section:

 

 7        (a) "Mobile electronic device" means any handheld or

 

 8  portable electronic device capable of providing wireless data or

 

 9  voice communication between 2 or more individuals or amusement,

 

10  including a cellular telephone; broadband personal communication

 

11  device; 2-way messaging device; text messaging device; pager;

 

12  electronic device that can receive or transmit text or character-

 

13  based images, access or store data, or connect to the internet;

 

14  personal digital assistant; laptop computer; computer tablet;

 

15  stand-alone computer; portable computing device; mobile device

 

16  with a touchscreen display that is designed to be worn;

 

17  electronic game; equipment that is capable of playing a video,

 

18  taking photographs, capturing images, or recording or

 

19  transmitting video; and any similar device that is readily

 

20  removable from a vehicle and is used to write, send, or read text

 

21  or data or capture images or video through manual input. Mobile

 

22  electronic device does not include a radio designed for the

 

23  Citizens Band Service or the Amateur Radio Service of the Federal

 

24  Communications Commission or a commercial 2-way radio

 

25  communications device or equipment permanently installed in a

 

26  motor vehicle.

 

27        (b) "Operate" means to drive or assume physical control of a

 


 1  motor vehicle on a public way, street, road, or highway,

 

 2  including operation while temporarily stationary because of

 

 3  traffic, road conditions, a traffic light, or a stop sign.

 

 4  Operate does not include a motor vehicle that is lawfully parked

 

 5  or an automated vehicle with an SAE level 4 or 5 automated

 

 6  driving system that performs dynamic driving tasks in automated

 

 7  mode as referenced in the Society of Automotive Engineers, Inc.

 

 8  International Standard J3016, 2014 edition.

 

 9        (c) "Social networking site" means any web-based service

 

10  that allows individuals to construct a profile within a founded

 

11  system and communicate with other users of the site for social or

 

12  amusement purposes.

 

13        Sec. 602c. (1) Except as provided in this section, and in

 

14  addition to the requirements of section 602b, an individual

 

15  issued a level 1 or level 2 graduated license under section 310e

 

16  shall not use a cellular telephone while operating a motor

 

17  vehicle upon a highway or street. For purposes of this

 

18  subsection, "use" means to initiate a call; answer a call; or

 

19  listen to or engage in verbal communication through the cellular

 

20  telephone.

 

21        (2) Subsection (1) does not apply to an individual who is

 

22  using a cellular telephone to do any of the following:

 

23        (a) Report a traffic accident, medical emergency, or serious

 

24  road hazard.

 

25        (b) Report a situation in which the person believes his or

 

26  her personal safety is in jeopardy.

 

27        (c) Report or avert the perpetration or potential

 


 1  perpetration of a criminal act against the individual or another

 

 2  person.

 

 3        (3) Subsection (1) does not apply to an individual using a

 

 4  voice-operated system that is integrated into the motor vehicle.

 

 5        (3) (4) An individual who violates this section is

 

 6  responsible for a civil infraction.

 

 7        (4) (5) This section supersedes all local ordinances

 

 8  regulating the use of a cellular telephone by an individual

 

 9  issued a level 1 or level 2 graduated license while operating a

 

10  motor vehicle in motion on a highway or street, except that a

 

11  unit of local government may adopt an ordinance or enforce an

 

12  existing ordinance substantially corresponding to this section.

 

13        (5) (6) This section shall be known and may be cited as

 

14  "Kelsey's Law".

 

15        Sec. 732. (1) Each municipal judge and each clerk of a court

 

16  of record shall keep a full record of every case in which a

 

17  person is charged with or cited for a violation of this act or a

 

18  local ordinance substantially corresponding to this act

 

19  regulating the operation of vehicles on highways and with those

 

20  offenses pertaining to the operation of ORVs or snowmobiles for

 

21  which points are assessed under section 320a(1)(c) or (i). Except

 

22  as provided in subsection (16), the municipal judge or clerk of

 

23  the court of record shall prepare and forward to the secretary of

 

24  state an abstract of the court record as follows:

 

25        (a) Not more than 5 days after a conviction, forfeiture of

 

26  bail, or entry of a civil infraction determination or default

 

27  judgment upon a charge of or citation for violating or attempting

 


 1  to violate this act or a local ordinance substantially

 

 2  corresponding to this act regulating the operation of vehicles on

 

 3  highways.

 

 4        (b) Immediately for each case charging a violation of

 

 5  section 625(1), (3), (4), (5), (6), (7), or (8) or section 625m

 

 6  or a local ordinance substantially corresponding to section

 

 7  625(1), (3), (6), or (8) or section 625m in which the charge is

 

 8  dismissed or the defendant is acquitted.

 

 9        (c) Immediately for each case charging a violation of

 

10  section 82127(1) or (3) or 81134 of the natural resources and

 

11  environmental protection act, 1994 PA 451, MCL 324.82127 and

 

12  324.81134, or a local ordinance substantially corresponding to

 

13  those sections.

 

14        (2) If a city or village department, bureau, or person is

 

15  authorized to accept a payment of money as a settlement for a

 

16  violation of a local ordinance substantially corresponding to

 

17  this act, the city or village department, bureau, or person shall

 

18  send a full report of each case in which a person pays any amount

 

19  of money to the city or village department, bureau, or person to

 

20  the secretary of state upon a form prescribed by the secretary of

 

21  state.

 

22        (3) The abstract or report required under this section shall

 

23  be made upon a form furnished by the secretary of state. An

 

24  abstract shall be certified by signature, stamp, or facsimile

 

25  signature of the person required to prepare the abstract as

 

26  correct. An abstract or report shall include all of the

 

27  following:

 


 1        (a) The name, address, and date of birth of the person

 

 2  charged or cited.

 

 3        (b) The number of the person's operator's or chauffeur's

 

 4  license, if any.

 

 5        (c) The date and nature of the violation.

 

 6        (d) The type of vehicle driven at the time of the violation

 

 7  and, if the vehicle is a commercial motor vehicle, that vehicle's

 

 8  group designation.

 

 9        (e) The date of the conviction, finding, forfeiture,

 

10  judgment, or civil infraction determination.

 

11        (f) Whether bail was forfeited.

 

12        (g) Any license restriction, suspension, or denial ordered

 

13  by the court as provided by law.

 

14        (h) The vehicle identification number and registration plate

 

15  number of all vehicles that are ordered immobilized or forfeited.

 

16        (i) Other information considered necessary to the secretary

 

17  of state.

 

18        (4) The clerk of the court also shall forward an abstract of

 

19  the court record to the secretary of state upon a person's

 

20  conviction or, for the purposes of subdivision (d), a finding or

 

21  admission of responsibility, involving any of the following:

 

22        (a) A violation of section 413, 414, or 479a of the Michigan

 

23  penal code, 1931 PA 328, MCL 750.413, 750.414, and 750.479a.

 

24        (b) A violation of section 1 of former 1931 PA 214.

 

25        (c) Negligent homicide, manslaughter, or murder resulting

 

26  from the operation of a vehicle.

 

27        (d) A violation of sections 701(1) and 703 of the Michigan

 


 1  liquor control code of 1998, 1998 PA 58, MCL 436.1701 and

 

 2  436.1703, or a local ordinance substantially corresponding to

 

 3  those sections.

 

 4        (e) A violation of section 411a(2) of the Michigan penal

 

 5  code, 1931 PA 328, MCL 750.411a.

 

 6        (f) A violation of motor carrier safety regulations 49 CFR

 

 7  392.10 or 392.11 as adopted by section 1a of the motor carrier

 

 8  safety act of 1963, 1963 PA 181, MCL 480.11a.

 

 9        (g) A violation of section 57 of the pupil transportation

 

10  act, 1990 PA 187, MCL 257.1857.

 

11        (h) An attempt to violate, a conspiracy to violate, or a

 

12  violation of part 74 of the public health code, 1978 PA 368, MCL

 

13  333.7401 to 333.7461, or a local ordinance that prohibits conduct

 

14  prohibited under part 74 of the public health code, 1978 PA 368,

 

15  MCL 333.7401 to 333.7461, unless the convicted person is

 

16  sentenced to life imprisonment or a minimum term of imprisonment

 

17  that exceeds 1 year for the offense.

 

18        (i) An attempt to commit an offense described in

 

19  subdivisions (a) to (g).

 

20        (j) A violation of chapter LXXXIII-A of the Michigan penal

 

21  code, 1931 PA 328, MCL 750.543a to 750.543z.

 

22        (k) A violation of section 3101, 3102(1), or 3103 of the

 

23  insurance code of 1956, 1956 PA 218, MCL 500.3101, 500.3102, and

 

24  500.3103.

 

25        (l) A violation listed as a disqualifying offense under 49

 

26  CFR 383.51.

 

27        (5) The clerk of the court shall also forward an abstract of

 


 1  the court record to the secretary of state if a person has pled

 

 2  guilty to, or offered a plea of admission in a juvenile

 

 3  proceeding for, a violation of section 703 of the Michigan liquor

 

 4  control code of 1998, 1998 PA 58, MCL 436.1703, or a local

 

 5  ordinance substantially corresponding to that section, and has

 

 6  had further proceedings deferred under that section. If the

 

 7  person is sentenced to a term of probation and terms and

 

 8  conditions of probation are fulfilled and the court discharges

 

 9  the individual and dismisses the proceedings, the court shall

 

10  also report the dismissal to the secretary of state.

 

11        (6) As used in subsections (7) to (9), "felony in which a

 

12  motor vehicle was used" means a felony during the commission of

 

13  which the person operated a motor vehicle and while operating the

 

14  vehicle presented real or potential harm to persons or property

 

15  and 1 or more of the following circumstances existed:

 

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

 

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

 

18  felony.

 

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

 

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

 

21  felony.

 

22        (7) If a person is charged with a felony in which a motor

 

23  vehicle was used, other than a felony specified in subsection (4)

 

24  or section 319, the prosecuting attorney shall include the

 

25  following statement on the complaint and information filed in

 

26  district or circuit court:

 

27        "You are charged with the commission of a felony in which a

 


 1  motor vehicle was used. If you are convicted and the judge finds

 

 2  that the conviction is for a felony in which a motor vehicle was

 

 3  used, as defined in section 319 of the Michigan vehicle code,

 

 4  1949 PA 300, MCL 257.319, your driver's license shall be

 

 5  suspended by the secretary of state.".

 

 6        (8) If a juvenile is accused of an act, the nature of which

 

 7  constitutes a felony in which a motor vehicle was used, other

 

 8  than a felony specified in subsection (4) or section 319, the

 

 9  prosecuting attorney or family division of circuit court shall

 

10  include the following statement on the petition filed in the

 

11  court:

 

12        "You are accused of an act the nature of which constitutes a

 

13  felony in which a motor vehicle was used. If the accusation is

 

14  found to be true and the judge or referee finds that the nature

 

15  of the act constitutes a felony in which a motor vehicle was

 

16  used, as defined in section 319 of the Michigan vehicle code,

 

17  1949 PA 300, MCL 257.319, your driver's license shall be

 

18  suspended by the secretary of state.".

 

19        (9) If the court determines as part of the sentence or

 

20  disposition that the felony for which the person was convicted or

 

21  adjudicated and with respect to which notice was given under

 

22  subsection (7) or (8) is a felony in which a motor vehicle was

 

23  used, the clerk of the court shall forward an abstract of the

 

24  court record of that conviction to the secretary of state.

 

25        (10) As used in subsections (11) and (12), "felony in which

 

26  a commercial motor vehicle was used" means a felony during the

 

27  commission of which the person operated a commercial motor

 


 1  vehicle and while the person was operating the vehicle 1 or more

 

 2  of the following circumstances existed:

 

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

 

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

 

 5  felony.

 

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

 

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

 

 8  felony.

 

 9        (11) If a person is charged with a felony in which a

 

10  commercial motor vehicle was used and for which a vehicle group

 

11  designation on a license is subject to suspension or revocation

 

12  under section 319b(1)(c)(iii), 319b(1)(d), 319b(1)(e)(iii), or

 

13  319b(1)(f)(i), the prosecuting attorney shall include the

 

14  following statement on the complaint and information filed in

 

15  district or circuit court:

 

16        "You are charged with the commission of a felony in which a

 

17  commercial motor vehicle was used. If you are convicted and the

 

18  judge finds that the conviction is for a felony in which a

 

19  commercial motor vehicle was used, as defined in section 319b of

 

20  the Michigan vehicle code, 1949 PA 300, MCL 257.319b, all vehicle

 

21  group designations on your driver's license shall be suspended or

 

22  revoked by the secretary of state.".

 

23        (12) If the judge determines as part of the sentence that

 

24  the felony for which the defendant was convicted and with respect

 

25  to which notice was given under subsection (11) is a felony in

 

26  which a commercial motor vehicle was used, the clerk of the court

 

27  shall forward an abstract of the court record of that conviction

 


 1  to the secretary of state.

 

 2        (13) Every person required to forward abstracts to the

 

 3  secretary of state under this section shall certify for the

 

 4  period from January 1 through June 30 and for the period from

 

 5  July 1 through December 31 that all abstracts required to be

 

 6  forwarded during the period have been forwarded. The

 

 7  certification shall be filed with the secretary of state not

 

 8  later than 28 days after the end of the period covered by the

 

 9  certification. The certification shall be made upon a form

 

10  furnished by the secretary of state and shall include all of the

 

11  following:

 

12        (a) The name and title of the person required to forward

 

13  abstracts.

 

14        (b) The court for which the certification is filed.

 

15        (c) The time period covered by the certification.

 

16        (d) The following statement:

 

17        "I certify that all abstracts required by section 732 of the

 

18  Michigan vehicle code, MCL 257.732, ; MSA 9.2432, for the period

 

19  ________________ through ______________ have been forwarded to

 

20  the secretary of state.".

 

21        (e) Other information the secretary of state considers

 

22  necessary.

 

23        (f) The signature of the person required to forward

 

24  abstracts.

 

25        (14) The failure, refusal, or neglect of a person to comply

 

26  with this section constitutes misconduct in office and is grounds

 

27  for removal from office.

 


 1        (15) Except as provided in subsection (16), the secretary of

 

 2  state shall keep all abstracts received under this section at the

 

 3  secretary of state's main office and the abstracts shall be open

 

 4  for public inspection during the office's usual business hours.

 

 5  Each abstract shall be entered upon the master driving record of

 

 6  the person to whom it pertains.

 

 7        (16) Except for controlled substance offenses described in

 

 8  subsection (4), the court shall not submit, and the secretary of

 

 9  state shall discard and not enter on the master driving record,

 

10  an abstract for a conviction or civil infraction determination

 

11  for any of the following violations:

 

12        (a) The parking or standing of a vehicle.

 

13        (b) A nonmoving violation that is not the basis for the

 

14  secretary of state's suspension, revocation, or denial of an

 

15  operator's or chauffeur's license.

 

16        (c) A violation of chapter II that is not the basis for the

 

17  secretary of state's suspension, revocation, or denial of an

 

18  operator's or chauffeur's license.

 

19        (d) A pedestrian, passenger, or bicycle violation, other

 

20  than a violation of section 703(1) or (2) of the Michigan liquor

 

21  control code of 1998, 1998 PA 58, MCL 436.1703, or a local

 

22  ordinance substantially corresponding to section 703(1) or (2) of

 

23  the Michigan liquor control code of 1998, 1998 PA 58, MCL

 

24  436.1703, or section 624a or 624b or a local ordinance

 

25  substantially corresponding to section 624a or 624b.

 

26        (e) A violation of section 710e or a local ordinance

 

27  substantially corresponding to section 710e.

 


 1        (f) A violation of section 328(1) if, before the appearance

 

 2  date on the citation, the person submits proof to the court that

 

 3  the motor vehicle had insurance meeting the requirements of

 

 4  sections 3101 and 3102 of the insurance code of 1956, 1956 PA

 

 5  218, MCL 500.3101 and 500.3102, at the time the citation was

 

 6  issued. Insurance obtained subsequent to the time of the

 

 7  violation does not make the violation an exception under this

 

 8  subsection.

 

 9        (g) A violation described in section 319b(10)(b)(vii) if,

 

10  before the court appearance date or date fines are to be paid,

 

11  the person submits proof to the court that he or she held a valid

 

12  commercial driver license on the date the citation was issued.

 

13        (h) A violation of section 311 if the person was driving a

 

14  noncommercial vehicle and, before the court appearance date or

 

15  the date fines are to be paid, the person submits proof to the

 

16  court that he or she held a valid driver license on the date the

 

17  citation was issued.

 

18        (i) A violation of section 602b(1) or 602c.

 

19        (17) Except as otherwise provided in this subsection, the

 

20  secretary of state shall discard and not enter on the master

 

21  driving record an abstract for a bond forfeiture that occurred

 

22  outside this state. The secretary of state shall enter on the

 

23  master driving record an abstract for a conviction as defined in

 

24  section 8a(b) that occurred outside this state in connection with

 

25  the operation of a commercial motor vehicle or for a conviction

 

26  of a person licensed as a commercial motor vehicle driver.

 

27        (18) The secretary of state shall inform the courts of this

 


 1  state of the nonmoving violations and violations of chapter II

 

 2  that are used by the secretary of state as the basis for the

 

 3  suspension, restriction, revocation, or denial of an operator's

 

 4  or chauffeur's license.

 

 5        (19) If a conviction or civil infraction determination is

 

 6  reversed upon appeal, the person whose conviction or

 

 7  determination has been reversed may serve on the secretary of

 

 8  state a certified copy of the order of reversal. The secretary of

 

 9  state shall enter the order in the proper book or index in

 

10  connection with the record of the conviction or civil infraction

 

11  determination.

 

12        (20) The secretary of state may permit a city or village

 

13  department, bureau, person, or court to modify the requirement as

 

14  to the time and manner of reporting a conviction, civil

 

15  infraction determination, or settlement to the secretary of state

 

16  if the modification will increase the economy and efficiency of

 

17  collecting and utilizing the records. If the permitted abstract

 

18  of court record reporting a conviction, civil infraction

 

19  determination, or settlement originates as a part of the written

 

20  notice to appear, authorized in section 728(1) or 742(1), the

 

21  form of the written notice and report shall be as prescribed by

 

22  the secretary of state.

 

23        (21) Notwithstanding any other law of this state, a court

 

24  shall not take under advisement an offense committed by a person

 

25  while operating a motor vehicle for which this act requires a

 

26  conviction or civil infraction determination to be reported to

 

27  the secretary of state. A conviction or civil infraction

 


 1  determination that is the subject of this subsection shall not be

 

 2  masked, delayed, diverted, suspended, or suppressed by a court.

 

 3  Upon a conviction or civil infraction determination, the

 

 4  conviction or civil infraction determination shall immediately be

 

 5  reported to the secretary of state in accordance with this

 

 6  section.

 

 7        (22) Except as provided in this act and notwithstanding any

 

 8  other provision of law, a court shall not order expunction of any

 

 9  violation reportable to the secretary of state under this

 

10  section.

 

11        Enacting section 1. This amendatory act takes effect 90 days

 

12  after the date it is enacted into law.