HB-5020, As Passed House, October 30, 2013
October 1, 2013, Introduced by Rep. Jenkins and referred to the Committee on Judiciary.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 304 (MCL 257.304), as amended by 2012 PA 498.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 304. (1) Except as provided in subsection (3), the
secretary of state shall issue a restricted license to a person
whose license was suspended or restricted under section 319 or
revoked or denied under section 303 based on either of the
following:
(a) Two or more convictions for violating section 625(1) or
(3) or a local ordinance of this state substantially corresponding
to section 625(1) or (3).
(b) One conviction for violating section 625(1) or (3) or a
local ordinance of this state substantially corresponding to
section 625(1) or (3), preceded by 1 or more convictions for
violating a local ordinance or law of another state substantially
corresponding to section 625(1), (3), or (6), or a law of the
United States substantially corresponding to section 625(1), (3),
or (6).
(2) A restricted license issued under subsection (1) shall not
be issued until after the person's operator's or chauffeur's
license has been suspended or revoked for 45 days and the judge
assigned to a DWI/sobriety court certifies to the secretary of
state that both of the following conditions have been met:
(a) The person has been admitted into a DWI/sobriety court
program.
(b) An ignition interlock device approved, certified, and
installed as required under sections 625k and 625l has been
installed on each motor vehicle owned or operated, or both, by the
individual.
(3) A restricted license shall not be issued under subsection
(1) if the person is otherwise ineligible for an operator's or
chauffeur's license under this act, unless the person's
ineligibility is based on 1 or more of the following:
(a) Section 303(1)(i) or (l).
(b) Section 303(2)(c)(i) or (iii).
(c) Section 303(2)(g)(i) or (iii).
(d) Section 319(4), (5), (6), (7), (8)(a) to (e), or (9).
(e) Section 319e(2)(a) or (b).
(f) Section 320(1)(d).
(g) Section 321a(1), (2), or (3).
(h) Section 323c.
(i) Section 625f.
(j) Section 732a(5).
(k) Section 904(10).
(l) Section 82105a(2) of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.82105a.
(m) Section 3177 of the insurance code of 1956, 1956 PA 218,
MCL 500.3177.
(n) Section 10 of the motor vehicle claims act, 1965 PA 198,
MCL 257.1110.
(4) A restricted license issued under subsection (1) permits
the person to whom it is issued to operate only the vehicle
equipped with an ignition interlock device described in subsection
(2)(b), to take any driving skills test required by the secretary
of state, and to drive to and from any combination of the following
locations or events:
(a) In the course of the person's employment or occupation if
the employment or occupation does not require a commercial driver
license.
(b) To and from any combination of the following:
(i) The person's residence.
(ii) The person's work location.
(iii) An alcohol, drug, or mental health education and treatment
as ordered by the court.
(iv) Alcoholics anonymous, narcotics anonymous, or other court-
ordered self-help programs.
(v) Court hearings and probation appointments.
(vi) Court-ordered community service.
(vii) An educational institution at which the person is
enrolled as a student.
(viii) A place of regularly occurring medical treatment for a
serious condition or medical emergency for the person or a member
of the person's household or immediate family.
(ix) Alcohol or drug testing as ordered by the court.
(x) Ignition interlock service provider as required.
(5) 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.
(6) Except as otherwise provided in this section, a restricted
license issued under subsection (1) is effective until a hearing
officer orders an unrestricted license under section 322. The
hearing officer shall not order an unrestricted license until the
later of the following events occurs:
(a) The court notifies the secretary of state that the person
has successfully completed the DWI/sobriety court program.
(b) The minimum period of license sanction that would have
been imposed under section 303 or 319 but for this section has been
completed.
(c) The person demonstrates that he or she has operated with
an ignition interlock device for not less than 1 year.
(d) The person satisfies the requirements of section 303 and R
257.313 of the Michigan administrative code.
(7) In determining whether to order an unrestricted license
under subsection (6), the successful completion of the DWI/sobriety
court program and a certificate from the DWI/sobriety court judge
shall be considered positive evidence of the petitioner's
abstinence while the petitioner participated in the DWI/sobriety
court program. As used in this subsection, "certificate" includes,
but is not limited to, a statement that the participant has
maintained a period of abstinence from alcohol for not less than 6
months at the time the participant completed the DWI/sobriety court
program.
(8) If the secretary of state receives a notification from the
DWI/sobriety court under section 1084(6) of the revised judicature
act of 1961, 1961 PA 236, MCL 600.1084, the secretary of state
shall summarily impose 1 of the following license sanctions, as
applicable:
(a) Suspension for the full length of time provided under
section 319(8). However, a restricted license shall not be issued
as provided under section 319(8). This subdivision applies if the
underlying conviction or convictions would have subjected the
person to a license sanction under section 319(8) if this section
did not apply.
(b) A license revocation and denial for the full length of
time provided under section 303. The minimum period of license
revocation and denial imposed shall be the same as if this section
did not apply. This subdivision applies if the underlying
conviction or convictions would have caused a license revocation
and denial under section 303 if this section did not apply.
(9) After the person completes the DWI/sobriety court
interlock
pilot program, the following apply:
(a) The secretary of state shall postpone considering the
issuance of an unrestricted license under section 322 for a period
of 3 months for each act that would be a minor violation if the
person's license had been issued under section 322(6). As used in
this subdivision, "minor violation" means that term as defined in R
257.301a of the Michigan administrative code.
(b) The restricted license issued under this section shall be
suspended or revoked or denied as provided in subsection (8),
unless set aside under subsection (6), if any of the following
events occur:
(i) The person operates a motor vehicle without an ignition
interlock device that meets the criteria under subsection (2)(b).
(ii) The person removes, or causes to be removed, an ignition
interlock device from a vehicle he or she owns or operates unless
the secretary of state has authorized its removal under section
322a.
(iii) The person commits any other act that would be a major
violation if the person's license had been issued under section
322(6). As used in this subparagraph, "major violation" means that
term as defined in R 257.301a of the Michigan administrative code.
(iv) The person is arrested for a violation of any of the
following:
(A) Section 625.
(B) A local ordinance of this state or another state
substantially corresponding to section 625.
(C) A law of the United States substantially corresponding to
section 625.
(c) If the person is convicted of or found responsible for any
offense that requires the suspension, revocation, denial, or
cancellation of the person's operator's or chauffeur's license, the
restricted license issued under this section shall be suspended
until the requisite period of license suspension, revocation,
denial, or cancellation, as appropriate, has elapsed.
(d) If the person has failed to pay any court-ordered fines or
costs that resulted from the operation of a vehicle, the restricted
license issued under this section shall be suspended pending
payment of those fines and costs.
(10) All driver responsibility fees required to be assessed by
the secretary of state under section 732a for the conviction or
convictions that led to the restricted license under this section
shall be held in abeyance as follows:
(a) The fees shall be held in abeyance during the time the
person has a restricted license under this section and is
participating
in the DWI/sobriety court interlock pilot project.
(b) At the end of the person's participation in the
DWI/sobriety court program, the driver responsibility fees shall be
assessed and paid under the payment schedule described in section
732a.
(11) The vehicle of an individual admitted to the DWI/sobriety
court
interlock pilot project whose vehicle would otherwise be
subject to immobilization or forfeiture under this act is exempt
from both immobilization and forfeiture under sections 625n and
904d if both of the following apply:
(a)
The person is a DWI/sobriety court interlock pilot program
participant in good standing or the person successfully
satisfactorily
completes the DWI/sobriety court interlock pilot
program.
(b) The person does not subsequently violate a law of this
state for which vehicle immobilization or forfeiture is a sanction.
(12) This section only applies to individuals arrested for a
violation of section 625 on or after January 1, 2011.
(13) As used in this section:
(a) "DWI/sobriety court" means that term as defined in section
1084 of the revised judicature act of 1961, 1961 PA 236, MCL
600.1084.
(b)
"DWI/sobriety court interlock pilot project" and
"DWI/sobriety court program" mean those terms as defined or
described in section 1084 of the revised judicature act of 1961,
1961 PA 236, MCL 600.1084.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5021 (request no.
03010'13) of the 97th Legislature is enacted into law.