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HB-4921, As Passed House, October 11, 2007

SUBSTITUTE FOR

HOUSE BILL NO. 4921

A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending sections 303, 319, 322, and 625b (MCL 257.303, 257.319,

257.322, and 257.625b), section 303 as amended by 2006 PA 298,

section 319 as amended by 2004 PA 362, section 322 as amended by

2001 PA 159, and section 625b as amended by 2004 PA 62, and by

adding section 20b.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 20b. "Ignition interlock device" means an alcohol

concentration measuring device that prevents a motor vehicle from

being started at any time without first determining through a deep

lung sample the operator's alcohol level, calibrated so that the

motor vehicle cannot be started if the breath alcohol level of the

operator, as measured by the test, reaches a level of 0.025 grams

per 210 liters of breath, and to which all of the following apply:

(a) The device meets or exceeds the model specifications for

breath alcohol ignition interlock devices (BAIID), 57 FR 11772 -

11787 (April 7, 1992).

(b) The device utilizes alcohol-specific electrochemical fuel

sensor technology.

device installation uses a positive-negative-positive air pressure

test requirement, a hum tone requirement, or any other

anticircumvention method or technology that first becomes

commercially available after July 31, 2007 and that is approved by

the department as equally or more effective.

Sec. 303. (1) The secretary of state shall not issue a license

under this act to any of the following persons:

(a) A person, as an operator, who is less than 18 years of

age, except as otherwise provided in this act.

(b) A person, as a chauffeur, who is less than 18 years of

age, except as otherwise provided in this act.

canceled in any state. If the suspension, revocation, denial, or

cancellation is not from the jurisdiction that issued the last

license to the person, the secretary of state may issue a license

after the expiration of 5 years from the effective date of the most

recent suspension, revocation, denial, or cancellation.

(d) A person who in the opinion of the secretary of state is

afflicted with or suffering from a physical or mental disability or

disease preventing that person from exercising reasonable and

ordinary control over a motor vehicle while operating the motor

vehicle upon the highways.

(e) A person who is unable to understand highway warning or

direction signs in the English language.

(f) A person who is unable to pass a knowledge, skill, or

ability test administered by the secretary of state in connection

with the issuance of an original operator's or chauffeur's license,

original motorcycle indorsement, or an original or renewal of a

vehicle group designation or vehicle indorsement.

(g) A person who has been convicted of, has received a

juvenile disposition for, or has been determined responsible for 2

or more moving violations under a law of this state, a local

ordinance substantially corresponding to a law of this state, or a

law of another state substantially corresponding to a law of this

state within the preceding 3 years, if the violations occurred

before issuance of an original license to the person in this state,

another state, or another country.

(h) A nonresident, including, but not limited to, a foreign

exchange student.

(i) A person who has failed to answer a citation or notice to

appear in court or for any matter pending or fails to comply with

an order or judgment of the court, including, but not limited to,

paying all fines, costs, fees, and assessments, in violation of

section 321a, until that person answers the citation or notice to

appear in court or for any matter pending or complies with an order

or judgment of the court, including, but not limited to, paying all

fines, costs, fees, and assessments, as provided under section

321a.

(j) A person not licensed under this act who has been

convicted of, has received a juvenile disposition for, or has been

determined responsible for a crime or civil infraction described in

section 319, 324, or 904. A person shall be denied a license under

this subdivision for the length of time corresponding to the period

of the licensing sanction that would have been imposed under

section 319, 324, or 904 if the person had been licensed at the

time of the violation.

(k) A person not licensed under this act who has been

convicted of or received a juvenile disposition for committing a

crime described in section 319e. A person shall be denied a license

under this subdivision for the length of time that corresponds to

the period of the licensing sanction that would have been imposed

under section 319e if the person had been licensed at the time of

the violation.

(l) A person not licensed under this act who is determined to

have violated section 33b(1) of former 1933 (Ex Sess) PA 8, section

703(1) of the Michigan liquor control code of 1998, 1998 PA 58, MCL

436.1703, or section 624a or 624b of this act. The person shall be

denied a license under this subdivision for a period of time that

corresponds to the period of the licensing sanction that would have

been imposed under those sections had the person been licensed at

the time of the violation.

(m) A person whose commercial driver license application is

canceled under section 324(2).

(2) Upon receiving the appropriate records of conviction, the

secretary of state shall revoke the operator's or chauffeur's

license of a person and deny issuance of an operator's or

chauffeur's license to a person having any of the following,

whether under a law of this state, a local ordinance substantially

corresponding to a law of this state, or a law of another state

substantially corresponding to a law of this state:

(a) Any combination of 2 convictions within 7 years for

reckless driving in violation of section 626.

(b) Any combination of 2 or more convictions within 7 years

for any of the following:

(i) A felony in which a motor vehicle was used.

(ii) A violation or attempted violation of section 601b(2) or

(3), section 601c(1) or (2), section 602a(4) or (5), section 617,

section 653a(3) or (4), or section 904(4) or (5).

(iii) Negligent homicide, manslaughter, or murder resulting from

the operation of a vehicle or an attempt to commit any of those

crimes.

(iv) A violation or attempted violation of section 479a(4) or

(5) of the Michigan penal code, 1931 PA 328, MCL 750.479a.

the following or a combination of 1 conviction for a violation or

attempted violation of section 625(6) and 1 conviction for any of

the following within 7 years:

(i) A violation or attempted violation of section 625, except a

violation of section 625(2), or a violation of any prior enactment

of section 625 in which the defendant operated a vehicle ~~while~~

~~under the influence of intoxicating or alcoholic liquor or a~~

~~controlled substance, or a combination of intoxicating or alcoholic~~

~~liquor and a controlled substance, or~~ while visibly impaired, or

with an unlawful bodily alcohol content.

(ii) A violation or attempted violation of section 625m.

(iii) Former section 625b.

(d) One conviction for a violation or attempted violation of

section 315(5), section 601b(3), section 601c(2), section 602a(4)

or (5), section 617, section 625(4) or (5), section 653a(4), or

section 904(4) or (5).

(e) One conviction of negligent homicide, manslaughter, or

murder resulting from the operation of a vehicle or an attempt to

commit any of those crimes.

(f) One conviction for a violation or attempted violation of

section 479a(4) or (5) of the Michigan penal code, 1931 PA 328, MCL

750.479a.

(g) Any combination of 3 convictions within 10 years for any

of the following or 1 conviction for a violation or attempted

violation of section 625(6) and any combination of 2 convictions

for any of the following within 10 years, if any of the convictions

resulted from an arrest on or after January 1, 1992:

(i) A violation or attempted violation of section 625, except a

violation of section 625(2), or a violation of any prior enactment

of section 625 in which the defendant operated a vehicle ~~while~~

~~under the influence of intoxicating or alcoholic liquor or a~~

~~controlled substance, or a combination of intoxicating or alcoholic~~

~~liquor and a controlled substance, or~~ while visibly impaired, or

with an unlawful bodily alcohol content.

(ii) A violation or attempted violation of section 625m.

(iii) Former section 625b.

(3) The secretary of state shall revoke a license under

subsection (2) notwithstanding a court order unless the court order

complies with section 323.

(4) ~~The~~ Except as otherwise provided under subsections (5) and

(6), the secretary of state shall not issue a license under this

act to a person whose license has been revoked under this act or

revoked and denied under subsection (2) until all of the following

occur, as applicable:

(a) The later of the following:

(i) The expiration of not less than 1 year after the license

was revoked or denied.

(ii) The expiration of not less than 5 years after the date of

a subsequent revocation or denial occurring within 7 years after

the date of any prior revocation or denial.

(b) For a denial under subsection (2)(a), (b), (c), and (g),

the person rebuts by clear and convincing evidence the presumption

resulting from the prima facie evidence that he or she is a

habitual offender. The convictions that resulted in the revocation

and denial constitute prima facie evidence that he or she is a

habitual offender.

(5) The secretary of state shall issue a restricted license to

a person whose license was revoked under subsection (2)(c) or (g)

after the person's license was revoked for not less than 45 days,

or for not less than 1 year if the 110 Congress fails to enact

amendments to 23 USC 164 allowing ignition interlock devices to be

installed by drunk driving repeat offenders following 45 days of

license revocation. A restricted license may only be issued if the

person equips his or her motor vehicle with an ignition interlock

device that is approved, certified, and installed as required under

sections 625k and 625l. The restricted license shall allow the

person to operate only a vehicle equipped with the ignition

interlock device. The ignition interlock device shall remain on the

vehicle or any replacement vehicle until the secretary of state

issues an unrestricted license under this section.

(6) A restricted license issued under subsection (5) permits

the person to whom it is issued to operate only the vehicle

equipped with an ignition interlock device and only for the purpose

of driving to or from 1 or more of the following destinations:

(a) The person's place of work.

(b) The person's school.

(7) ~~(5)~~ The secretary of state may deny issuance of an

operator's license as follows:

(a) Until the age of 17, to a person not licensed under this

act who was convicted of or received a juvenile disposition for

violating or attempting to violate section 411a(2) of the Michigan

penal code, 1931 PA 328, MCL 750.411a, involving a school when he

or she was less than 14 years of age. A person not issued a license

under this subdivision is not eligible to begin graduated licensing

training until he or she attains 16 years of age.

(b) To a person less than 21 years of age not licensed under

this act who was convicted of or received a juvenile disposition

for violating or attempting to violate section 411a(2) of the

Michigan penal code, 1931 PA 328, MCL 750.411a, involving a school

when he or she was less than 14 years of age or older, until 3

years after the date of the conviction or juvenile disposition. A

person not issued a license under this subdivision is not eligible

to begin graduated licensing training or otherwise obtain an

original operator's or chauffeur's license until 3 years after the

date of the conviction or juvenile disposition.

(8) ~~(6)~~ The secretary of state shall deny issuance of a

vehicle group designation to a person if the person has been

disqualified by the United States secretary of transportation from

operating a commercial motor vehicle.

(9) ~~(7)~~ Multiple convictions or civil infraction

determinations resulting from the same incident shall be treated as

a single violation for purposes of denial or revocation of a

license under this section.

(10) ~~(8)~~ As used in this section, "felony in which a motor

vehicle was used" means a felony during the commission of which the

person operated a motor vehicle and while operating the vehicle

presented real or potential harm to persons or property and 1 or

more of the following circumstances existed:

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

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

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

felony.

Sec. 319. (1) The secretary of state shall immediately suspend

a person's license as provided in this section upon receiving a

record of the person's conviction for a crime described in this

section, whether the conviction is under a law of this state, a

local ordinance substantially corresponding to a law of this state,

or a law of another state substantially corresponding to a law of

this state.

(2) The secretary of state shall suspend the person's license

for 1 year for any of the following crimes:

(a) Fraudulently altering or forging documents pertaining to

motor vehicles in violation of section 257.

(b) A violation of section 413 of the Michigan penal code,

1931 PA 328, MCL 750.413.

752.191, or section 626c.

(d) A felony in which a motor vehicle was used. As used in

this section, "felony in which a motor vehicle was used" means a

felony during the commission of which the person convicted operated

a motor vehicle and while operating the vehicle presented real or

potential harm to persons or property and 1 or more of the

following circumstances existed:

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

(ii) The vehicle was used to transport a victim of the felony.

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

(iv) The vehicle was necessary for the commission of the

felony.

(e) A violation of section 602a(2) or (3) of this act or

section 479a(2) or (3) of the Michigan penal code, 1931 PA 328, MCL

750.479a.

(3) The secretary of state shall suspend the person's license

for 90 days for any of the following crimes:

(a) Failing to stop and disclose identity at the scene of an

accident resulting in injury in violation of section 617a.

(b) A violation of section 601b(2), section 601c(1), section

626, or section 653a(3).

vehicle under section 382(1)(b), (c), or (d) of the Michigan penal

code, 1931 PA 328, MCL 750.382.

(d) A violation of section 703(2) of the Michigan liquor

control code of 1998, 1998 PA 58, MCL 436.1703.

(4) The secretary of state shall suspend the person's license

for 30 days for malicious destruction resulting from the operation

of a vehicle under section 382(1)(a) of the Michigan penal code,

1931 PA 328, MCL 750.382.

(5) For perjury or making a false certification to the

secretary of state under any law requiring the registration of a

motor vehicle or regulating the operation of a vehicle on a

highway, or for conduct prohibited under section 324(1) or a local

ordinance substantially corresponding to section 324(1), the

secretary shall suspend the person's license as follows:

(a) If the person has no prior conviction for an offense

described in this subsection within 7 years, for 90 days.

(b) If the person has 1 or more prior convictions for an

offense described in this subsection within 7 years, for 1 year.

(6) For a violation of section 414 of the Michigan penal code,

1931 PA 328, MCL 750.414, the secretary of state shall suspend the

person's license as follows:

(a) If the person has no prior conviction for that offense

within 7 years, for 90 days.

(b) If the person has 1 or more prior convictions for that

offense within 7 years, for 1 year.

(7) For a violation of section 624a or 624b of this act or

section 703(1) of the Michigan liquor control code of 1998, 1998 PA

58, MCL 436.1703, the secretary of state shall suspend the person's

license as follows:

(a) If the person has 1 prior conviction for an offense

described in this subsection or section 33b(1) of former 1933 (Ex

Sess) PA 8, for 90 days. The secretary of state may issue the

person a restricted license after the first 30 days of suspension.

(b) If the person has 2 or more prior convictions for an

offense described in this subsection or section 33b(1) of former

1933 (Ex Sess) PA 8, for 1 year. The secretary of state may issue

the person a restricted license after the first 60 days of

suspension.

(8) The secretary of state shall suspend the person's license

for a violation of section 625 or 625m as follows:

(a) For 180 days for a violation of section 625(1) or (8) if

the person has no prior convictions within 7 years. The secretary

of state may issue the person a restricted license, ~~during a~~

~~specified portion of the suspension,~~ except that the secretary of

state shall not issue a restricted license during the first 30 days

of suspension.

(b) For 90 days for a violation of section 625(3) if the

person has no prior convictions within 7 years. However, if the

person is convicted of a violation of section 625(3), for operating

a vehicle when, due to the consumption of a controlled substance or

a combination of alcoholic liquor and a controlled substance, the

person's ability to operate the vehicle was visibly impaired, the

secretary of state shall suspend the person's license under this

subdivision for 180 days. The secretary of state may issue the

person a restricted license during all or a specified portion of

the suspension.

person has no prior convictions within 7 years. The secretary of

state may issue the person a restricted license during all or a

specified portion of the suspension.

(d) For 90 days for a violation of section 625(6) if the

person has 1 or more prior convictions for that offense within 7

years.

(e) For 180 days for a violation of section 625(7) if the

person has no prior convictions within 7 years. The secretary of

state may issue the person a restricted license after the first 90

days of suspension.

(f) For 90 days for a violation of section 625m if the person

has no prior convictions within 7 years. The secretary of state may

issue the person a restricted license during all or a specified

portion of the suspension.

(9) For a violation of section 367c of the Michigan penal

code, 1931 PA 328, MCL 750.367c, the secretary of state shall

suspend the person's license as follows:

(a) If the person has no prior conviction for an offense

described in this subsection within 7 years, for 6 months.

(b) If the person has 1 or more convictions for an offense

described in this subsection within 7 years, for 1 year.

(10) For a violation of section 315(4), the secretary of state

may suspend the person's license for 6 months.

(11) For a violation or attempted violation of section 411a(2)

of the Michigan penal code, 1931 PA 328, MCL 750.411a, involving a

school, the secretary of state shall suspend the license of a

person 14 years of age or over but less than 21 years of age until

3 years after the date of the conviction or juvenile disposition

for the violation. The secretary of state may issue the person a

restricted license after the first 365 days of suspension.

(12) Except as provided in subsection (14), a suspension under

this section shall be imposed notwithstanding a court order unless

the court order complies with section 323.

(13) If the secretary of state receives records of more than 1

conviction of a person resulting from the same incident, a

suspension shall be imposed only for the violation to which the

longest period of suspension applies under this section.

(14) The secretary of state may waive a restriction,

suspension, or revocation of a person's license imposed under this

act if the person submits proof that a court in another state

revoked, suspended, or restricted his or her license for a period

equal to or greater than the period of a restriction, suspension,

or revocation prescribed under this act for the violation and that

the revocation, suspension, or restriction was served for the

violation, or may grant a restricted license.

(15) The secretary of state shall not issue a restricted

license to a person whose license is suspended under this section

unless a restricted license is authorized under this section and

the person is otherwise eligible for a license.

(16) The secretary of state shall not issue a restricted

license to a person under subsection (8) that would permit the

person to operate a commercial motor vehicle.

(17) A Except as provided under subsection (16), a restricted

license issued under this section shall permit the person to whom

it is issued to take any driving skills test required by the

secretary of state and to ~~drive~~ operate a vehicle under 1 or more

of the following circumstances:

(a) In the course of the person's employment or occupation.

(b) To and from any combination of the following:

(i) The person's residence.

(ii) The person's work location.

(iii) An alcohol or drug education or treatment program as

ordered by the court.

(iv) The court probation department.

(v) A court-ordered community service program.

(vi) An educational institution at which the person is enrolled

as a student.

(vii) A place of regularly occurring medical treatment for a

serious condition for the person or a member of the person's

household or immediate family.

(18) While driving with a restricted license, the person shall

carry proof of his or her destination and the hours of any

employment, class, or other reason for traveling and shall display

that proof upon a peace officer's request.

(19) Subject to subsection (21), as used in subsection (8),

"prior conviction" means a conviction for any of the following,

whether under a law of this state, a local ordinance substantially

corresponding to a law of this state, or a law of another state

substantially corresponding to a law of this state:

(a) Except as provided in subsection (20), a violation or

attempted violation of any of the following:

(i) Section 625, except a violation of section 625(2), or a

violation of any prior enactment of section 625 in which the

defendant operated a vehicle while under the influence of

intoxicating or alcoholic liquor or a controlled substance, or a

combination of intoxicating or alcoholic liquor and a controlled

substance, or while visibly impaired, or with an unlawful bodily

alcohol content.

(ii) Section 625m.

(iii) Former section 625b.

(b) Negligent homicide, manslaughter, or murder resulting from

the operation of a vehicle or an attempt to commit any of those

crimes.

(20) Except for purposes of the suspensions described in

subsection (8)(c) and (d), only 1 violation or attempted violation

of section 625(6), a local ordinance substantially corresponding to

section 625(6), or a law of another state substantially

corresponding to section 625(6) may be used as a prior conviction.

(21) If 2 or more convictions described in subsection (19) are

convictions for violations arising out of the same transaction,

only 1 conviction shall be used to determine whether the person has

a prior conviction.

Sec. 322. (1) The secretary of state shall appoint a hearing

officer to hear appeals from persons aggrieved by a final

determination of the secretary of state denying an application for

an operator's or chauffeur's license, suspending, restricting, or

revoking an operator's or chauffeur's license, or other license

action.

(2) The appeal shall be in writing and filed with the

secretary of state within 14 days after the final determination.

Upon notice of the appeal, the hearing officer shall require

production of all documents filed in the matter, together with a

transcript of any testimony taken.

(3) In a hearing or matter properly before the hearing

officer, he or she may do any of the following:

(a) Issue subpoenas to compel attendance of witnesses.

(b) Issue process to compel attendance.

testify in the same manner as provided by the rules and practice in

the circuit court.

(d) Swear witnesses, administer oaths, and exemplify records

in any matter before the officer.

(e) Take additional testimony he or she considers appropriate.

(4) A verbatim record shall be made of the hearing.

(5) After a hearing, the hearing officer may affirm, modify,

or set aside a final determination of the secretary of state

denying an application for an operator's or chauffeur's license,

suspending, restricting, or revoking an operator's or chauffeur's

license, or any other license action. The hearing officer shall

include his or her findings of fact and conclusions of law in the

record.

(6) Except as provided in subsection (7), if a person whose

license has been denied or revoked under section 303(2)(c), (d), or

(g) applies for a license or reinstatement of a license after the

time period specified in section 303(4) has elapsed, the hearing

officer may issue a restricted license to that person, setting

restrictions upon operating a vehicle as the hearing officer

determines are appropriate. If the hearing officer issues a

restricted license following a hearing held after October 1, 1999,

he or she shall do both of the following:

(a) Require ~~installation of~~ a properly installed and

functioning ignition interlock device ~~that meets or exceeds the~~

~~model specifications of the national highway traffic safety~~

~~administration set forth in 57 F.R. p.11772,~~ ~~April 7, 1992~~, on each

motor vehicle the person owns or intends to operate, the costs of

which shall be borne by the person whose license is restricted.

(b) Condition issuance of a restricted license upon

verification by the secretary of state that an ignition interlock

device has been installed.

(7) The hearing officer shall not issue a restricted license

under subsection (6) that would permit the person to operate a

commercial motor vehicle that hauls hazardous material.

(8) If the hearing officer issues a restricted license to a

person who intends to operate a vehicle owned by his or her

employer, the secretary of state shall notify the employer of the

employee's license restriction that requires the installation of an

ignition interlock device. An employer who receives notice under

this subsection is not required to install an ignition interlock

device on the employer-owned vehicle. This subsection does not

apply to a vehicle that is operated by a self-employed individual

who uses the vehicle for both business and personal use.

(9) If the hearing officer issues a restricted license

requiring an ignition interlock device, the initial period for

requiring the device shall be not less than 1 year. ~~After that~~

~~time,~~ The device shall not be removed until the hearing officer ~~may~~

~~continue~~ orders the ignition interlock device ~~requirement for any~~

~~length of time~~ removed.

Sec. 625b. (1) A person arrested for a misdemeanor violation

of section 625(1), (3), (6), (7), or (8) or section 625m or a local

ordinance substantially corresponding to section 625(1), (3), (6),

or (8) or section 625m shall be arraigned on the citation,

complaint, or warrant not more than 14 days after the arrest for

the violation or, if an arrest warrant is issued or reissued, not

more than 14 days after the issued or reissued arrest warrant is

served, whichever is later. The court shall not dismiss a case or

impose any other sanction for a failure to comply with this time

limit. The time limit does not apply to a violation of section

625(1), (3), (7), or (8) or section 625m punishable as a felony or

a violation of section 625(1), (3), (6), (7), or (8) or section

625m joined with a felony charge.

(2) The court shall schedule a pretrial conference between the

prosecuting attorney, the defendant, and the defendant's attorney

in each case in which the defendant is charged with a misdemeanor

violation of section 625(1), (3), (6), (7), or (8) or section 625m

or a local ordinance substantially corresponding to section 625(1),

(3), (6), or (8) or section 625m. The pretrial conference shall be

held not more than 35 days after the person's arrest for the

violation or, if an arrest warrant is issued or reissued, not more

than 35 days after the issued or reissued arrest warrant is served,

whichever is later. If the court has only 1 judge who sits in more

than 1 location in that district, the pretrial conference shall be

held not more than 42 days after the person's arrest for the

violation or, if an arrest warrant is issued or reissued, not more

than 42 days after the date the issued or reissued arrest warrant

is served, whichever is later. The court shall not dismiss a case

or impose any other sanction for a failure to comply with the

applicable time limit. The 35- and 42-day time limits do not apply

to a violation of section 625(1), (3), (7), or (8) or section 625m

punishable as a felony or a violation of section 625(1), (3), (6),

(7), or (8) or section 625m joined with a felony charge. The court

shall order the defendant to attend the pretrial conference and may

accept a plea by the defendant at the conclusion of the pretrial

conference. The court may adjourn the pretrial conference upon the

motion of a party for good cause shown. Not more than 1 adjournment

shall be granted to a party, and the length of an adjournment shall

not exceed 14 days.

(3) Except for delay attributable to the unavailability of the

defendant, a witness, or material evidence or due to an

interlocutory appeal or exceptional circumstances, but not a delay

caused by docket congestion, the court shall finally adjudicate, by

a plea of guilty or nolo contendere, entry of a verdict, or other

final disposition, a case in which the defendant is charged with a

misdemeanor violation of section 625(1), (3), (6), (7), or (8) or

section 625m or a local ordinance substantially corresponding to

section 625(1), (3), (6), or (8) or section 625m, within 77 days

after the person is arrested for the violation or, if an arrest

warrant is issued or reissued, not more than 77 days after the date

the issued or reissued arrest warrant is served, whichever is

later. The court shall not dismiss a case or impose any other

sanction for a failure to comply with this time limit. The 77-day

time limit does not apply to a violation of section 625(1), (3),

(7), or (8) or section 625m punishable as a felony or a violation

of section 625(1), (3), (6), (7), or (8) or section 625m joined

with a felony charge.

(4) Before accepting a plea of guilty or nolo contendere under

section 625 or a local ordinance substantially corresponding to

section 625(1), (2), (3), (6), or (8), the court shall advise the

accused of the maximum possible term of imprisonment and the

maximum possible fine that may be imposed for the violation and

shall advise the defendant that the maximum possible license

sanctions that may be imposed will be based upon the master driving

record maintained by the secretary of state under section 204a.

(5) Before imposing sentence for a violation of section

625(1), (3), (4), (5), (6), (7), or (8) or a local ordinance

substantially corresponding to section 625(1), (3), (6), or (8),

the court shall order the person to undergo screening and

assessment by a person or agency designated by the office of

substance abuse services to determine whether the person is likely

to benefit from rehabilitative services, including alcohol or drug

education and alcohol or drug treatment programs. Except as

otherwise provided in this subsection, the court may order the

person to participate in and successfully complete 1 or more

appropriate rehabilitative programs as part of the sentence. If the

person has 1 or more prior convictions, the court shall order the

person to participate in and successfully complete 1 or more

appropriate rehabilitative programs as part of the sentence,

including, but not limited to, an alcohol treatment program or a

self-help program for a period of not less than 1 year. The

treatment plan shall be devised from an assessment performed by an

appropriately licensed alcohol assessor and approved by the court.

The person shall pay for the costs of the screening, assessment,

and rehabilitative services. This subsection does not require the

person to successfully complete an ordered rehabilitative program

before driving a vehicle with an ignition interlock device on a

restricted license.

(6) If the judgment and sentence are appealed to circuit

court, the court may ex parte order the secretary of state to stay

the suspension, revocation, or restricted license issued by the

secretary of state pending the outcome of the appeal.

Enacting section 1. This amendatory act takes effect October

1, 2008.

Enacting section 2. This amendatory act does not take effect

unless House Bill No. 4289 of the 94th Legislature is enacted into

law.