October 1, 2013, Introduced by Rep. Lauwers and referred to the Committee on Judiciary.
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 years after that date.
(2) All DWI/sobriety courts that participate in the
DWI/sobriety
court interlock pilot project 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 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, 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
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.
(c) The percentage of program participants who consume alcohol
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 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
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 program participant be removed
from
the DWI/sobriety court pilot 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.
(c) A program participant is charged with a new violation of
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 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.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 5020 (request no.
03010'13 a) of the 97th Legislature is enacted into law.