VULNERABLE ROADWAY USERS S.B. 617 & 618 (S-1):

SUMMARY OF BILL

REPORTED FROM COMMITTEE

 

 

 

 

 

 

Senate Bill 617 (as reported without amendment)

Senate Bill 618 (Substitute S-1 as reported)

Sponsor: Senator Sean McCann (S.B. 617)

Senator Veronica Klinefelt (S.B. 618)

Committee: Civil Rights, Judiciary, and Public Safety

 


CONTENT

 

Senate Bill 617 would amend the Michigan Vehicle Code to do the following:

 

--   Prescribe penalties for an individual who committed a moving violation against a vulnerable roadway user or individual operating an implement of husbandry on a highway that resulted in injury requiring inpatient treatment at a hospital or post-acute rehabilitation facility.

--   Add a violation or attempted violation of causing serious harm to a vulnerable roadway user to the list of violations that could result in the Secretary of State revoking an individual's license.

 

Senate Bill 618 (S-1) would amend the Michigan Vehicle Code to define "vulnerable roadway user".

 

The bills are tie-barred, and each bill would take effect 90 days after its enactment. Senate Bill 618 is also tie-barred to House Bill 5223 and House Bill 5224 which would define "vulnerable transportation device" and prescribe sentencing guidelines for felonies proposed by Senate Bill 617, respectively

 

MCL 257.303 et al. (S.B. 617)

Proposed MCL 257.7g (S.B. 618)

 

BRIEF RATIONALE

 

In 2016, nine cyclists were hit by a person driving a truck in Kalamazoo, five cyclists were killed and four were injured. The driver was charged with five counts of second-degree murder and four counts of reckless driving causing serious impairment. According to testimony before the Senate Committee on Civil Rights, Judiciary, and Public Safety, the severity of the charges against the driver are not the norm and current law generally places little culpability on drivers who injure non-motorized users, with the victim often having to prove the event took place due to severe negligence. Often these drivers are charged only with a misdemeanor. Accordingly, it has been suggested to increase penalties to protect vulnerable roadway users.

 

Legislative Analyst: Eleni Lionas

 

FISCAL IMPACT

 

Senate Bill 617

 

The bill would have a negative fiscal impact on State and local government. New felony arrests and convictions under the bill could increase resource demands on law enforcement, court systems, community supervision, jails, and correctional facilities; however, it is unknown how many people would be prosecuted under provisions of the bill. The average cost to State government for felony probation supervision is approximately $4,600 per probationer per year. For any increase in prison intakes the average annual cost of housing a prisoner in a State correctional facility is an estimated $48,700. Per diem rates range from $100 to $431 per day (average per diem is $135), depending on the security level of the facility. Any associated increase in fine revenue would increase funding to public libraries.

 

Senate Bill 618 (S-1)

 

The bill would have no fiscal impact on State or local government.

 

Date Completed: 5-9-24 Fiscal Analyst: Joe Carrasco, Jr.

Michael Siracuse

 

 

 

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.