HB-5021, As Passed Senate, December 12, 2013

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 5021

A bill to amend 1961 PA 236, entitled

"Revised judicature act of 1961,"

by amending section 1084 (MCL 600.1084), as added by 2010 PA 154.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 1084. (1) A DWI/sobriety court interlock pilot project is

created utilizing the DWI/sobriety courts in this state and in

accordance with the provisions of this chapter. The DWI/sobriety

court interlock pilot project shall begin on January 1, 2011 and

shall continue for a period of 3 4 years after that date. Beginning

January 1, 2015, the DWI/sobriety court interlock program shall be

created and shall continue with the same requirements, eligibility

criteria, authority, and limitations as those prescribed in this

section for the DWI/sobriety court interlock pilot project. An

individual who is a participant in a DWI/sobriety court interlock

pilot project on December 31, 2014 shall become, automatically, a

participant in a DWI/sobriety court interlock program on January 1,

2015, unless the individual's participation in the pilot project

ceased by its own terms before January 1, 2015.

(2) All DWI/sobriety courts that participate in the

~~DWI/sobriety court interlock~~ pilot project or program shall comply

with the 10 guiding principles of DWI courts as promulgated by the

national center for DWI courts.

(3) In order to be considered for placement in the

~~DWI/sobriety court~~ pilot project or program, an individual must

have been convicted of either of the following:

(a) Two or more convictions for violating section 625(1) or

(3) of the Michigan vehicle code, 1949 PA 300, MCL 257.625, or a

local ordinance of this state substantially corresponding to

section 625(1) or (3) of the Michigan vehicle code, 1949 PA 300,

MCL 257.625.

(b) One conviction for violating section 625(1) or (3) of the

Michigan vehicle code, 1949 PA 300, MCL 257.625, or a local

ordinance of this state substantially corresponding to section

625(1) or (3) of the Michigan vehicle code, 1949 PA 300, MCL

257.625, 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) of the Michigan vehicle code, 1949 PA

300, MCL 257.625, or a law of the United States substantially

corresponding to section 625(1), (3), or (6) of the Michigan

vehicle code, 1949 PA 300, MCL 257.625.

(4) Each year, all DWI/sobriety courts that participate in the

~~DWI/sobriety court interlock~~ pilot project or program, in

cooperation with the state court administrative office, shall

provide to the legislature, the secretary of state, and the supreme

court documentation as to ~~program~~ participants' compliance with

court ordered conditions. Best practices available shall be used in

the research in question, as resources allow, so as to provide

statistically reliable data as to the impact of the pilot project

or program on public safety and the improvement of life conditions

for ~~program~~ participants. The topics documented shall include, but

not be limited to, all of the following:

(a) The percentage of those ~~program~~ participants ordered to

place interlock devices on their vehicles who actually comply with

the order.

(b) The percentage of ~~program~~ participants who remove court-

ordered interlocks from their vehicles without court approval.

or controlled substances.

(d) The percentage of ~~program~~ participants found to have

tampered with court-ordered interlocks.

(e) The percentage of ~~program~~ participants who operated a

motor vehicle not equipped with an interlock.

(f) Relevant treatment information as to ~~program~~ participants.

(g) The percentage of ~~program~~ participants convicted of a new

offense under section 625(1) or (3) of the Michigan vehicle code,

1949 PA 300, MCL 257.625.

(h) Any other information found to be relevant.

(5) Before the secretary of state issues a restricted license

to a pilot project or program participant under section 304 of the

Michigan vehicle code, 1949 PA 300, MCL 257.304, the DWI/sobriety

court judge shall certify to the secretary of state that the

individual seeking the restricted license has been admitted into

the ~~DWI/sobriety court~~ pilot project or program and that an

interlock device has been placed on each motor vehicle owned or

operated, or both, by the individual.

(6) If any of the following occur, the DWI/sobriety court

judge shall immediately inform the secretary of state of that

occurrence:

(a) The court orders that a pilot project or program

participant be removed from the DWI/sobriety court pilot project or

program before he or she successfully completes it.

(b) The court becomes aware that a ~~program~~ participant

operates a motor vehicle that is not equipped with an interlock

device or that a ~~program~~ participant tampers with, circumvents, or

removes a court-ordered interlock device without prior court

approval.

section 625 of the Michigan vehicle code, 1949 PA 300, MCL 257.625.

(7) The receipt of notification by the secretary of state

under subsection (6) shall result in summary revocation or

suspension of the restricted license under section 304 of the

Michigan vehicle code, 1949 PA 300, MCL 257.304.

(8) As used in this section:

(a) "DWI/sobriety courts" means the specialized court docket

and programs established within judicial circuits and districts

throughout this state that are designed to reduce recidivism among

alcohol offenders and that comply with the 10 guiding principles of

DWI courts as promulgated by the national center for DWI courts.

(b) "Ignition interlock device" means that term as defined in

section 20d of the Michigan vehicle code, 1949 PA 300, MCL 257.20d.

pilot project created under subsection (1) on September 2, 2010 and

authorized to operate for 4 years beginning January 1, 2011.

(d) "Program" means the DWI/sobriety court interlock program

created on the effective date of the amendatory act that added this

subdivision and authorized to operate beginning January 1, 2015.

Enacting section 1. This amendatory act does not take effect

unless House Bill No. 5020 of the 97th Legislature is enacted into

law.