HOUSE BILL No. 5263 February 2, 2000, Introduced by Rep. Jansen and referred to the Committee on Transportation. A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 303 (MCL 257.303), as amended by 1998 PA 351. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 303. (1) The secretary of state shall not issue a 2 license under this act to any of the following: 3 (a) A person, as an operator, who is less than 18 years of 4 age, except as otherwise provided in this act. 5 (b) A person, as a chauffeur, who is less than 18 years of 6 age, except as otherwise provided in this act. 7 (c) A person whose license has been suspended during the 8 period for which the license was suspended. 02451'99 TJS 2 1 (d) A person who has been convicted of or received a 2 juvenile disposition for a violation of section 625(4), (5), or 3 (7). 4 (e) A person who has been convicted of or received a juve- 5 nile disposition for negligent homicide, manslaughter, or murder 6 resulting from the operation of a vehicle. 7 (f) A person who is an habitual violator of the criminal 8 laws relating to operating a vehicle while impaired by or under 9 the influence of intoxicating liquor, a controlled substance, or 10 a combination of intoxicating liquor and a controlled substance 11 or with an alcohol content of 0.10 grams or more per 100 millili- 12 ters of blood, per 210 liters of breath, or per 67 milliliters of 13 urine. Convictions of any of the following, whether under a law 14 of this state, a local ordinance substantially corresponding to a 15 law of this state, or a law of another state substantially corre- 16 sponding to a law of this state, are prima facie evidence that 17 the person is an habitual violator as described in this 18 subdivision: 19 (i) Any combination of 2 convictions within 7 years for any 20 of the following or a combination of 1 conviction for a violation 21 or attempted violation of section 625(6) and 1 conviction for any 22 of the following within 7 years: 23 (A) A violation or attempted violation of section 625(1), 24 (3), (4), (5), or (7). 25 (B) A violation of former section 625(1) or (2) or former 26 section 625b. 02451'99 3 1 (C) A violation or attempted violation of section 625m. 2 (D) Negligent homicide, manslaughter, or murder resulting 3 from the operation of a vehicle or an attempt to commit any of 4 those crimes. 5 (ii) Any combination of 3 convictions within 10 years for 6 any of the following or 1 conviction for a violation or attempted 7 violation of section 625(6) and any combination of 2 convictions 8 for any of the following within 10 years, if any of the convic- 9 tions resulted from an arrest on or after January 1, 1992: 10 (A) A violation or attempted violation of section 625(1), 11 (3), (4), (5), or (7). 12 (B) A violation of former section 625(1) or (2) or former 13 section 625b. 14 (C) A violation or attempted violation of section 625m. 15 (D) Negligent homicide, manslaughter, or murder resulting 16 from the operation of a vehicle or an attempt to commit any of 17 those crimes. 18 (g) A person who in the opinion of the secretary of state is 19 afflicted with or suffering from a physical or mental disability 20 or disease preventing that person from exercising reasonable and 21 ordinary control over a motor vehicle while operating the motor 22 vehicle upon the highways. 23 (h) A person who is unable to understand highway warning or 24 direction signs OR WHO IS UNABLE TO EFFECTIVELY COMMUNICATE OR 25 UNDERSTAND VERBAL COMMANDS in the English language. 26 (i) A person who is an habitually reckless driver. Two 27 convictions within 7 years of reckless driving under this act or 02451'99 4 1 any other law of this state relating to reckless driving or under 2 a local ordinance of this state or a law of another state that 3 defines the term "reckless driving" substantially similarly to 4 the law of this state are prima facie evidence that the person is 5 an habitually reckless driver. 6 (j) A person who is an habitual criminal. Two convictions 7 of a felony in which a motor vehicle was used in this or another 8 state are prima facie evidence that the person is an habitual 9 criminal. 10 (k) A person who is unable to pass a knowledge, skill, or 11 ability test administered by the secretary of state in connection 12 with the issuance of an original operator's or chauffeur's 13 license, original motorcycle indorsement, or an original or 14 renewal of a vehicle group designation or vehicle indorsement. 15 (l) A person who has been convicted of, has received a juve- 16 nile disposition for, or has been determined responsible for 2 or 17 more moving violations under a law of this state, a local ordi- 18 nance substantially corresponding to a law of this state, or a 19 law of another state substantially corresponding to a law of this 20 state within the preceding 3 years, if the violations occurred 21 before issuance of an original license to the person in this or 22 another state. 23 (m) A nonresident including a foreign exchange student. 24 (n) A person who has failed to answer a citation or notice 25 to appear in court or for any matter pending or fails to comply 26 with an order or judgment of the court, including, but not 27 limited to, paying all fines, costs, fees, and assessments, in 02451'99 5 1 violation of section 321a, until that person answers the citation 2 or notice to appear in court or for any matter pending or com- 3 plies with an order or judgment of the court, including, but not 4 limited to, paying all fines, costs, fees, and assessments, as 5 provided under section 321a. 6 (o) A person not licensed under this act who has been con- 7 victed of, has received a juvenile disposition for, or has been 8 determined responsible for a crime or civil infraction described 9 in section 319, 324, or 904. A person shall be denied a license 10 under this subdivision for the length of time corresponding to 11 the period of the licensing sanction that would have been imposed 12 under section 319, 324, or 904 if the person had been licensed at 13 the time of the violation. 14 (p) A person not licensed under this act who has been con- 15 victed of or received a juvenile disposition for committing a 16 crime described in section 319e. A person shall be denied a 17 license under this subdivision for the length of time that corre- 18 sponds to the period of the licensing sanction that would have 19 been imposed under section 319e if the person had been licensed 20 at the time of the violation. 21 (q) A person not licensed under this act who is determined 22 to have violated section 33b(1) of former 1933 (Ex Sess) PA 8, 23 section 703(1) of the Michigan liquor control code of 1998, 1998 24 PA 58, MCL 436.1703, or section 624a or 624b of this act. The 25 person shall be denied a license under this subdivision for a 26 period of time that corresponds to the period of the licensing 02451'99 6 1 sanction that would have been imposed under those sections had 2 the person been licensed at the time of the violation. 3 (r) A person who has been convicted of a violation of sec- 4 tion 602a(4) or (5)of this actor a violation of section 5 479a(4) or (5) of the Michigan penal code, 1931 PA 328, 6 MCL 750.479a. 7 (2) Upon receiving the appropriate records of conviction, 8 the secretary of state shall revoke the operator's or chauffeur's 9 license of a person having any of the following, whether under a 10 law of this state, a local ordinance substantially corresponding 11 to a law of this state, or a law of another state substantially 12 corresponding to a law of this state: 13 (a) Two convictions of reckless driving in violation of sec- 14 tion 626 within 7 years. 15 (b) Two convictions of a felony in which a motor vehicle was 16 used within 7 years. 17 (c) Any combination of 2 convictions within 7 years for any 18 of the following or a combination of 1 conviction for a violation 19 or attempted violation of section 625(6) and 1 conviction for any 20 of the following within 7 years: 21 (i) A violation or attempted violation of section 625(1), 22 (3), (4), (5), or (7). 23 (ii) A violation of former section 625(1) or (2) or former 24 section 625b. 25 (iii) A violation or attempted violation of section 625m. 02451'99 7 1 (iv) Negligent homicide, manslaughter, or murder resulting 2 from the operation of a vehicle or an attempt to commit any of 3 those crimes. 4 (d) One conviction for a violation or attempted violation of 5 section 625(4) or (5). 6 (e) One conviction of negligent homicide, manslaughter, or 7 murder resulting from the operation of a vehicle or an attempt to 8 commit any of those crimes. 9 (f) Any combination of 3 convictions within 10 years for any 10 of the following or 1 conviction for a violation or attempted 11 violation of section 625(6) and any combination of 2 convictions 12 for any of the following within 10 years, if any of the convic- 13 tions resulted from an arrest on or after January 1, 1992: 14 (i) A violation or attempted violation of section 625(1), 15 (3), (4), (5), or (7). 16 (ii) A violation of former section 625(1) or (2) or former 17 section 625b. 18 (iii) A violation or attempted violation of section 625m. 19 (iv) Negligent homicide, manslaughter, or murder resulting 20 from the operation of a vehicle or an attempt to commit any of 21 those crimes. 22 (g) A violation of section 602a(4) or (5) of this act or 23 section 479a(4) or (5) of the Michigan penal code, 1931 PA 328, 24 MCL 750.479a. 25 (3) The secretary of state shall revoke a license under sub- 26 section (2) notwithstanding a court order. 02451'99 8 1 (4) The secretary of state shall not issue a license under 2 this act to a person whose license has been revoked under this 3 act or denied under subsection (1)(d), (e), (f), (i), (j), or (r) 4 until all of the following occur, as applicable: 5 (a) The later of the following: 6 (i) The expiration of not less than 1 year after the license 7 was revoked or denied. 8 (ii) The expiration of not less than 5 years after the date 9 of a subsequent revocation or denial occurring within 7 years 10 after the date of any prior revocation or denial. 11 (b) For a denial under subsection (1)(f), (i), or (j) based 12 on prima facie evidence, the person rebuts the presumption 13 resulting from the prima facie evidence by clear and convincing 14 evidence. 15 (c) The person meets the requirements of the department. 16 (5) Multiple convictions or civil infraction determinations 17 resulting from the same incident shall be treated as a single 18 violation for purposes of denial or revocation of a license under 19 this section. 20 (6) As used in this section, "felony in which a motor vehi- 21 cle was used" means a felony during the commission of which the 22 person operated a motor vehicle and while operating the vehicle 23 presented real or potential harm to persons or property and 1 or 24 more of the following circumstances existed: 25 (a) The vehicle was used as an instrument of the felony. 26 (b) The vehicle was used to transport a victim of the 27 felony. 02451'99 9 1 (c) The vehicle was used to flee the scene of the felony. 2 (d) The vehicle was necessary for the commission of the 3 felony. 02451'99 Final page. 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