March 20, 2003, Introduced by Senator THOMAS and referred to the Committee on Judiciary.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 319 and 319b (MCL 257.319 and 257.319b), as
amended by 2002 PA 534, and by adding section 626d.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 319. (1) The secretary of state shall immediately
2 suspend a person's license as provided in this section upon
3 receiving a record of the person's conviction for a crime
4 described in this section, whether the conviction is under a law
5 of this state, a local ordinance substantially corresponding to a
6 law of this state, or a law of another state substantially
7 corresponding to a law of this state.
8 (2) The secretary of state shall suspend the person's license
9 for 1 year for any of the following crimes:
10 (a) Fraudulently altering or forging documents pertaining to
1 motor vehicles in violation of section 257.
2 (b) A violation of section 413 of the Michigan penal code,
3 1931 PA 328, MCL 750.413.
4 (c) A violation of section 1 of former 1931 PA 214,
5 MCL 752.191, or section 626c.
6 (d) A felony in which a motor vehicle was used. As used in
7 this section, "felony in which a motor vehicle was used" means a
8 felony during the commission of which the person convicted
9 operated a motor vehicle and while operating the vehicle
10 presented real or potential harm to persons or property and 1 or
11 more of the following circumstances existed:
12 (i) The vehicle was used as an instrument of the felony.
13 (ii) The vehicle was used to transport a victim of the
14 felony.
15 (iii) The vehicle was used to flee the scene of the felony.
16 (iv) The vehicle was necessary for the commission of the
17 felony.
18 (e) A violation of section 602a(2) or (3) of this act or
19 section 479a(2) or (3) of the Michigan penal code, 1931 PA 328,
20 MCL 750.479a.
21 (3) The secretary of state shall suspend the person's license
22 for 90 days for any of the following crimes:
23 (a) Failing to stop and disclose identity at the scene of an
24 accident resulting in injury in violation of section 617a.
25 (b) A violation of section 601b(2), section 601c(1), section
26 626, or section 653a(3).
27 (c) Malicious destruction resulting from the operation of a
1 vehicle under section 382(1)(b), (c), or (d) of the Michigan
2 penal code, 1931 PA 328, MCL 750.382.
3 (d) A violation of section 703(2) of the Michigan liquor
4 control code of 1998, 1998 PA 58, MCL 436.1703.
5 (4) The secretary of state shall suspend the person's license
6 for 30 days for malicious destruction resulting from the
7 operation of a vehicle under section 382(1)(a) of the Michigan
8 penal code, 1931 PA 328, MCL 750.382.
9 (5) For perjury or making a false certification to the
10 secretary of state under any law requiring the registration of a
11 motor vehicle or regulating the operation of a vehicle on a
12 highway, or for conduct prohibited under section 324(1) or a
13 local ordinance substantially corresponding to section 324(1),
14 the secretary shall suspend the person's license as follows:
15 (a) If the person has no prior conviction for an offense
16 described in this subsection within 7 years, for 90 days.
17 (b) If the person has 1 or more prior convictions for an
18 offense described in this subsection within 7 years, for 1 year.
19 (6) For a violation of section 414 of the Michigan penal
20 code, 1931 PA 328, MCL 750.414, the secretary of state shall
21 suspend the person's license as follows:
22 (a) If the person has no prior conviction for that offense
23 within 7 years, for 90 days.
24 (b) If the person has 1 or more prior convictions for that
25 offense within 7 years, for 1 year.
26 (7) For a violation of section 624a or 624b of this act or
27 section 703(1) of the Michigan liquor control code of 1998, 1998
1 PA 58, MCL 436.1703, the secretary of state shall suspend the
2 person's license as follows:
3 (a) If the person has 1 prior conviction for an offense
4 described in this subsection or section 33b(1) of former 1933 (Ex
5 Sess) PA 8, for 90 days. The secretary of state may issue the
6 person a restricted license after the first 30 days of
7 suspension.
8 (b) If the person has 2 or more prior convictions for an
9 offense described in this subsection or section 33b(1) of former
10 1933 (Ex Sess) PA 8, for 1 year. The secretary of state may
11 issue the person a restricted license after the first 60 days of
12 suspension.
13 (8) The secretary of state shall suspend the person's license
14 for a violation of section 625 or 625m as follows:
15 (a) For 180 days for a violation of section 625(1) if the
16 person has no prior convictions within 7 years. The secretary of
17 state may issue the person a restricted license during all or a
18 specified portion of the suspension, except that the secretary of
19 state shall not issue a restricted license during the first 30
20 days of suspension.
21 (b) For 90 days for a violation of section 625(3) if the
22 person has no prior convictions within 7 years. However, if the
23 person is convicted of a violation of section 625(3), for
24 operating a vehicle when, due to the consumption of a controlled
25 substance or a combination of intoxicating liquor and a
26 controlled substance, the person's ability to operate the vehicle
27 was visibly impaired, the secretary of state shall suspend the
1 person's license under this subdivision for 180 days. The
2 secretary of state may issue the person a restricted license
3 during all or a specified portion of the suspension.
4 (c) For 30 days for a violation of section 625(6) if the
5 person has no prior convictions within 7 years. The secretary of
6 state may issue the person a restricted license during all or a
7 specified portion of the suspension.
8 (d) For 90 days for a violation of section 625(6) if the
9 person has 1 or more prior convictions for that offense within 7
10 years.
11 (e) For 180 days for a violation of section 625(7) if the
12 person has no prior convictions within 7 years. The secretary of
13 state may issue the person a restricted license after the first
14 90 days of suspension.
15 (f) For 90 days for a violation of section 625m if the person
16 has no prior convictions within 7 years. The secretary of state
17 may issue the person a restricted license during all or a
18 specified portion of the suspension.
19 (9) For a violation of section 367c of the Michigan penal
20 code, 1931 PA 328, MCL 750.367c, the secretary of state shall
21 suspend the person's license as follows:
22 (a) If the person has no prior conviction for an offense
23 described in this subsection within 7 years, for 6 months.
24 (b) If the person has 1 or more convictions for an offense
25 described in this subsection within 7 years, for 1 year.
26 (10) For a violation of section 315(4), the secretary of
27 state may suspend the person's license for 6 months.
1 (11) The secretary of state shall suspend the person's
2 license for a violation of section 626d as follows:
3 (a) For 30 days if the person has no prior convictions under
4 section 626d within 2 years.
5 (b) For 1 year if the person has 1 or more prior convictions
6 under section 626d within 2 years. The secretary of state may
7 issue the person a restricted license after the first 120 days of
8 suspension.
9 (12) (11) For
a violation or attempted violation of
10 section 411a(2) of the Michigan penal code, 1931 PA 328,
11 MCL 750.411a, involving a school, the secretary of state shall
12 suspend the license of a person 14 years of age or over but less
13 than 21 years of age until 3 years after the date of the
14 conviction or juvenile disposition for the violation. The
15 secretary of state may issue the person a restricted license
16 after the first 365 days of suspension.
17 (13) (12) Except
as provided in subsection (14) (15), a
18 suspension under this section shall be imposed notwithstanding a
19 court order unless the court order complies with section 323.
20 (14) (13) If
the secretary of state receives records of
21 more than 1 conviction of a person resulting from the same
22 incident, a suspension shall be imposed only for the violation to
23 which the longest period of suspension applies under this
24 section.
25 (15) (14) The
secretary of state may waive a restriction,
26 suspension, or revocation of a person's license imposed under
27 this act if the person submits proof that a court in another
1 state revoked, suspended, or restricted his or her license for a
2 period equal to or greater than the period of a restriction,
3 suspension, or revocation prescribed under this act for the
4 violation and that the revocation, suspension, or restriction was
5 served for the violation, or may grant a restricted license.
6 (16) (15) The
secretary of state shall not issue a
7 restricted license to a person whose license is suspended under
8 this section unless a restricted license is authorized under this
9 section and the person is otherwise eligible for a license.
10 (17) (16) The
secretary of state shall not issue a
11 restricted license to a person under subsection (8) that would
12 permit the person to operate a commercial motor vehicle that
13 transports hazardous material in amounts requiring a placard
14 under the hazardous materials regulations, 49 C.F.R. parts 100 to
15 199.
16 (18) (17) A
restricted license issued under this section
17 shall permit the person to whom it is issued to drive under 1 or
18 more of the following circumstances:
19 (a) In the course of the person's employment or occupation.
20 (b) To and from any combination of the following:
21 (i) The person's residence.
22 (ii) The person's work location.
23 (iii) An alcohol or drug education or treatment program as
24 ordered by the court.
25 (iv) The court probation department.
26 (v) A court-ordered community service program.
27 (vi) An educational institution at which the person is
1 enrolled as a student.
2 (vii) A place of regularly occurring medical treatment for a
3 serious condition for the person or a member of the person's
4 household or immediate family.
5 (19) (18) While
driving with a restricted license, the
6 person shall carry proof of his or her destination and the hours
7 of any employment, class, or other reason for traveling and shall
8 display that proof upon a peace officer's request.
9 (20) (19) Subject
to subsection (21) (22), as used in
10 subsection (8), "prior conviction" means a conviction for any of
11 the following, whether under a law of this state, a local
12 ordinance substantially corresponding to a law of this state, or
13 a law of another state substantially corresponding to a law of
14 this state:
15 (a) Except as
provided in subsection (20) (21), a violation
16 or attempted violation of section 625(1), (3), (4), (5), (6), or
17 (7), section 625m, former section 625(1) or (2), or former
18 section 625b.
19 (b) Negligent homicide, manslaughter, or murder resulting
20 from the operation of a vehicle or an attempt to commit any of
21 those crimes.
22 (21) (20) Except
for purposes of the suspensions described
23 in subsection (8)(c) and (d), only 1 violation or attempted
24 violation of section 625(6), a local ordinance substantially
25 corresponding to section 625(6), or a law of another state
26 substantially corresponding to section 625(6) may be used as a
27 prior conviction.
1 (22) (21) If
2 or more convictions described in subsection
2 (19) (20) are convictions for violations arising
out of the
3 same transaction, only 1 conviction shall be used to determine
4 whether the person has a prior conviction.
5 Sec. 319b. (1) The secretary of state shall immediately
6 suspend or revoke, as applicable, all vehicle group designations
7 on the operator's or chauffeur's license of a person upon
8 receiving notice of a conviction, bond forfeiture, or civil
9 infraction determination of the person, or notice that a court or
10 administrative tribunal has found the person responsible, for a
11 violation described in this subsection of a law of this state, a
12 local ordinance substantially corresponding to a law of this
13 state, or a law of another state substantially corresponding to a
14 law of this state, or notice that the person has refused to
15 submit to a chemical test of his or her blood, breath, or urine
16 for the purpose of determining the amount of alcohol or presence
17 of a controlled substance or both in the person's blood, breath,
18 or urine while the person was operating a commercial motor
19 vehicle as required by a law or local ordinance of this or
20 another state. The period of suspension or revocation is as
21 follows:
22 (a) Suspension for 60 days if the licensee is convicted of
23 or found responsible for 1 of the following while operating a
24 commercial motor vehicle:
25 (i) Two serious traffic violations arising from separate
26 incidents within 36 months.
27 (ii) A violation of section 667, 668, 669, or 669a.
1 (iii) A violation of motor carrier safety regulations 49
2 C.F.R. 392.10 or 392.11, as adopted by section 1a of the motor
3 carrier safety act of 1963, 1963 PA 181, MCL 480.11a.
4 (iv) A violation of section 57 of the pupil transportation
5 act, 1990 PA 187, MCL 257.1857.
6 (v) A violation of motor carrier safety regulations 49
7 C.F.R. 392.10 or 392.11, as adopted by section 31 of the motor
8 bus transportation act, 1982 PA 432, MCL 474.131.
9 (vi) A violation of motor carrier safety regulations 49
10 C.F.R. 392.10 or 392.11 while operating a commercial motor
11 vehicle other than a vehicle covered under subparagraph (iii),
12 (iv), or (v).
13 (b) Suspension for 120 days if the licensee is convicted of
14 or found responsible for 1 of the following arising from separate
15 incidents within 36 months while operating a commercial motor
16 vehicle:
17 (i) Three serious traffic violations.
18 (ii) Any combination of 2 violations described in
19 subdivision (a)(ii).
20 (c) Suspension for 1 year if the licensee is convicted of or
21 found responsible for 1 of the following:
22 (i) A violation of section 625(1), (3), (4), (5), (6), or
23 (7), section 625m, or former section 625(1) or (2), or former
24 section 625b, while operating a commercial motor vehicle.
25 (ii) Leaving the scene of an accident involving a commercial
26 motor vehicle operated by the licensee.
27 (iii) A felony in which a commercial motor vehicle was
1 used.
2 (iv) A refusal of a peace officer's request to submit to a
3 chemical test of his or her blood, breath, or urine to determine
4 the amount of alcohol or presence of a controlled substance or
5 both in his or her blood, breath, or urine while he or she was
6 operating a commercial motor vehicle as required by a law or
7 local ordinance of this state or another state.
8 (v) A 6-point violation as provided in section 320a while
9 operating a commercial motor vehicle.
10 (vi) Any combination of 3 violations described in
11 subdivision (a)(ii) arising from separate incidents within 36
12 months while operating a commercial motor vehicle.
13 (d) Suspension for 3 years if the licensee is convicted of
14 or found responsible for an offense enumerated in subdivision
15 (c)(i) to (v) in which a commercial motor vehicle was used if the
16 vehicle was carrying hazardous material required to have a
17 placard pursuant to 49 C.F.R. parts 100 to 199.
18 (e) Revocation for not less than 10 years and until the
19 person is approved for the issuance of a vehicle group
20 designation if a licensee is convicted of or found responsible
21 for 1 of the following:
22 (i) Any combination of 2 violations arising from 2 or more
23 separate incidents under section 625(1), (3), (4), (5), (6), or
24 (7), section 625m, or former section 625(1) or (2), or former
25 section 625b, while driving a commercial motor vehicle.
26 (ii) Two violations of leaving the scene of an accident
27 involving a commercial motor vehicle operated by the licensee.
1 (iii) Two violations of a felony in which a commercial motor
2 vehicle was used.
3 (iv) Two refusals of a request of a police officer to submit
4 to a chemical test of his or her blood, breath, or urine for the
5 purpose of determining the amount of alcohol or presence of a
6 controlled substance or both in his or her blood while he or she
7 was operating a commercial motor vehicle in this state or another
8 state, which refusals occurred in separate incidents.
9 (v) Two 6-point violations as provided in section 320a while
10 operating a commercial motor vehicle.
11 (vi) Two violations, in any combination, of the offenses
12 enumerated under subparagraph (i), (ii), (iii), (iv), or (v)
13 arising from 2 or more separate incidents.
14 (f) Revocation for life if a licensee is convicted of or
15 found responsible for any of the following:
16 (i) One violation of a felony in which a commercial motor
17 vehicle was used and that involved the manufacture, distribution,
18 or dispensing of a controlled substance or possession with intent
19 to manufacture, distribute, or dispense a controlled substance.
20 (ii) A conviction of any offense described in
21 subdivision (c) or (d) after having been approved for the
22 issuance of a vehicle group designation under subdivision (e).
23 (iii) A conviction of a violation of chapter LXXXIII-A of
24 the Michigan penal code, 1931 PA 328, MCL 750.543a to 750.543z.
25 (2) The secretary of state shall immediately revoke for life
26 the hazardous material indorsement (H vehicle indorsement) on the
27 operator's or chauffeur's license of a person with a vehicle
1 group designation upon receiving notice from the U.S. department
2 of transportation that the person poses a security risk
3 warranting denial under the uniting and strengthening America by
4 providing appropriate tools required to intercept and obstruct
5 terrorism (USA PATRIOT ACT) act of 2001, Public Law 107-56, 115
6 Stat. 272.
7 (3) The secretary of state shall immediately suspend all
8 vehicle group designations on the operator's or chauffeur's
9 license of a person upon receiving notice of a conviction, bond
10 forfeiture, or civil infraction determination of the person, or
11 notice that a court or administrative tribunal has found the
12 person responsible, for a violation of section 319d(4) or 319f, a
13 local ordinance substantially corresponding to section 319d(4) or
14 319f, or a law or local ordinance of another state, the United
15 States, Canada, Mexico, or a local jurisdiction of either of
16 these countries substantially corresponding to section 319d(4) or
17 319f, while operating a commercial motor vehicle. The period of
18 suspension or revocation is as follows:
19 (a) Suspension for 90 days if the licensee is convicted of
20 or found responsible for a violation of section 319d(4) or 319f
21 while operating a commercial motor vehicle.
22 (b) Suspension for 180 days if the licensee is convicted of
23 or found responsible for a violation of section 319d(4) or 319f
24 while operating a commercial motor vehicle that is either
25 carrying hazardous material required to have a placard pursuant
26 to 49 C.F.R. parts 100 to 199 or designed to carry 16 or more
27 passengers, including the driver.
1 (c) Suspension for 1 year if the licensee is convicted of or
2 found responsible for 2 violations, in any combination, of
3 section 319d(4) or 319f while operating a commercial motor
4 vehicle arising from 2 or more separate incidents during a
5 10-year period.
6 (d) Suspension for 3 years if the licensee is convicted of
7 or found responsible for 3 or more violations, in any
8 combination, of section 319d(4) or 319f while operating a
9 commercial motor vehicle arising from 3 or more separate
10 incidents during a 10-year period.
11 (e) Suspension for 3 years if the licensee is convicted of
12 or found responsible for 2 or more violations, in any
13 combination, of section 319d(4) or 319f while operating a
14 commercial motor vehicle carrying hazardous material required to
15 have a placard pursuant to 49 C.F.R. parts 100 to 199, or
16 designed to carry 16 or more passengers, including the driver,
17 arising from 2 or more separate incidents during a 10-year
18 period.
19 (4) As used in this section:
20 (a) "Felony in which a commercial motor vehicle was used"
21 means a felony during the commission of which the person
22 convicted operated a commercial motor vehicle and while the
23 person was operating the vehicle 1 or more of the following
24 circumstances existed:
25 (i) The vehicle was used as an instrument of the felony.
26 (ii) The vehicle was used to transport a victim of the
27 felony.
1 (iii) The vehicle was used to flee the scene of the felony.
2 (iv) The vehicle was necessary for the commission of the
3 felony.
4 (b) "Serious traffic violation" means a traffic violation
5 that occurs in connection with an accident in which a person
6 died, careless driving, aggressive driving as provided in section
7 626d, excessive speeding,
as defined in regulations promulgated
8 under chapter 313 of
title 49 of the United States Code, 49
9 U.S.C. 31301 to 31317,
improper lane use, following too
closely,
10 or any other serious traffic violation as defined in 49
11 C.F.R. 383.5 or as prescribed under this act.
12 (5) For the purpose of this section only, a bond forfeiture
13 or a determination by a court of original jurisdiction or an
14 authorized administrative tribunal that a person has violated the
15 law is considered a conviction.
16 (6) The secretary of state shall suspend or revoke a vehicle
17 group designation under subsection (1) notwithstanding a
18 suspension, restriction, revocation, or denial of an operator's
19 or chauffeur's license or vehicle group designation under another
20 section of this act or a court order issued under another section
21 of this act or a local ordinance substantially corresponding to
22 another section of this act.
23 (7) When determining the applicability of conditions listed
24 in this section, the secretary of state shall only consider
25 violations that occurred after January 1, 1990.
26 Sec. 626d. (1) A person who commits 2 or more of the
27 following during a single continuous period of driving is guilty
1 of aggressive driving:
2 (a) Reckless driving under section 626.
3 (b) Careless driving under section 626b.
4 (c) Violation of a speed limit established under section 627,
5 627a, 628, or 629.
6 (d) Failure to obey a traffic control device as provided in
7 section 611.
8 (e) Following another vehicle too closely as described in
9 section 643.
10 (f) Overtaking and passing a vehicle on the right by driving
11 off the pavement or main-traveled portion of the roadway as
12 provided in section 637(2).
13 (g) Failure to yield the right-of-way as described in
14 section 649.
15 (h) Improper lane changes in violation of section 642.
16 (2) A person who violates this section is guilty of a
17 misdemeanor punishable by imprisonment for not more than 180 days
18 or a fine of not more than $2,500.00, or both.
19 (3) The court shall order a person convicted of a violation
20 of this section to attend and successfully complete review
21 sessions composed of both classroom and behind-the-wheel time
22 periods designed to improve the safety and habits of drivers as
23 developed by the secretary of state.
24 Enacting section 1. This amendatory act takes effect
25 February 1, 2004.