September 14, 2010, Introduced by Reps. Slavens, Rick Jones, Ball and Liss and referred to the Committee on Judiciary.
A bill to amend 1993 PA 354, entitled
"Railroad code of 1993,"
by amending section 107 (MCL 462.107) and by adding section 364.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 107. (1) "High speed rail corridor" means any railroad
line having been formally designated by the United States
department of transportation as a high speed rail corridor.
(2) "Nonmotorized trail" means a public or privately owned or
operated traveled way, the use of which is restricted to
pedestrians or nonmotorized conveyances including, but not limited
to, bicycles and horses.
(3) "Notice" means the written expression of the department's
findings that certain conditions observed at a crossing are not in
compliance with state law, and that these conditions must be
corrected.
(4) "Order" means an administrative document, signed by the
department director or his or her designee, that details certain
findings of fact and, based on those findings, specifies certain
work to be performed by railroads or other parties in compliance
with law and specifies a time period within which the work is to be
completed. An order is based upon the department's statutory
authority to require the performance of that work.
(5) "Passive traffic control devices" means those types of
traffic control devices, including signs, markings, and other
devices, located at or in advance of grade crossings to indicate
the
presence of a crossing but which that do not change aspect
upon
the approach or presence of a train.
(6) "Preliminary chemical analysis" means either of the
following, as applicable:
(a) A preliminary chemical breath analysis. As used in this
subdivision, "preliminary chemical breath analysis" means the on-
site taking and analysis of a person's breath to determine the
presence of alcohol in the person's body.
(b) Preliminary chemical oral fluids analysis. As used in this
subdivision:
(i) "Immunochemical assay" means a scientific technique that
uses specific binding between an antigen and its homologous
antibody to identify and quantify a substance in a sample.
(ii) "Preliminary chemical oral fluids analysis" means the on-
site taking and analysis by immunochemical assay of the oral fluids
of a person for the purpose of detecting the presence of controlled
substances within the person's body.
(7) (6)
"Private crossing" means
any at-grade intersection of
a railroad with any traveled way not under the jurisdiction of a
road authority.
(8) (7)
"Public street
or highway" means any improved
thoroughfare maintained by a road authority that has been dedicated
and constructed in accordance with law.
Sec. 364. A peace officer having probable cause to believe the
person has violated section 353 by operating a locomotive engine
while under the influence of, or visibly impaired by, alcoholic
liquor or a controlled substance may require the person to submit
to a preliminary chemical analysis. All of the following apply with
respect to a preliminary chemical analysis administered under this
section:
(a) A peace officer may arrest a person based in whole or in
part upon the results of a preliminary chemical analysis.
(b) Subject to admissibility under the Michigan rules of
evidence, the results of a preliminary chemical analysis are
admissible in a criminal prosecution for a crime enumerated in
section 353 or in an administrative hearing to assist the court or
hearing officer in determining a challenge to the validity of an
arrest. This subdivision does not limit the introduction of other
competent evidence offered to establish the validity of an arrest.
(c) The results of a preliminary chemical oral fluids analysis
are admissible as evidence for purposes other than the purposes
listed under subdivision (b) only if the results of the preliminary
chemical test are confirmed by liquid chromatography with mass
spectrometry X 2 in a laboratory approved by the department of
state police.
(d) A person who submits to a preliminary chemical analysis
remains subject to the requirements of sections 359, 361, and 363
for purposes of chemical tests described in those sections.
(e) A person who refuses to submit to a preliminary chemical
analysis upon a lawful request by a peace officer is responsible
for a civil infraction.