SB-0434, As Passed Senate, June 9, 2016

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 434

A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

(MCL 257.1 to 257.923) by adding sections 43b and 625t.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 43b. "Preliminary oral fluid analysis" means the on-site

taking of a preliminary oral fluid test, performed by a certified

drug recognition expert, as that term is defined in section 625t,

from the oral fluid of a person for the purpose of detecting the

presence of a controlled substance, as that term is defined in

section 7104 of the public health code, 1978 PA 368, MCL 333.7104.

Sec. 625t. (1) The department of state police may establish a

pilot program in 5 counties in this state for roadside drug testing

to determine whether an individual is operating a vehicle while

under the influence of a controlled substance in violation of

section 625.

(2) A pilot program established under this section shall be

for a period of 1 calendar year. The funding of a pilot program

established under this section is subject to appropriation.

(3) Except as provided in subsection (8), the department of

state police shall select 5 counties in which to implement a pilot

program established under this section.

(4) A county is eligible to participate in the pilot program

if the county has a law enforcement agency within its boundary,

including, but not limited to, a state police post, a sheriff's

department, or a municipal police department, that employs not

fewer than 1 law enforcement officer who is a certified drug

recognition expert.

(5) The department of state police shall develop a written

policy for the implementation of the pilot program and the

administration of roadside drug testing.

(6) The department of state police may promulgate rules under

the administrative procedures act of 1969, 1969 PA 306, MCL 24.201

to 24.328, to implement a pilot program established under this

section.

(7) Not more than 90 days after the conclusion of a pilot

program established under this section, the department of state

police shall submit a report to the legislative committees of the

senate and house of representatives with primary responsibility for

judicial and criminal justice issues. The report shall cover all of

the following:

(a) How pilot program participant counties were selected.

(b) The different types of law enforcement agencies in the

pilot program participant counties that engaged in roadside drug

testing.

the following:

(i) The number of traffic stops resulting in an arrest for

operating under the influence of a controlled substance in

violation of section 625 as a result of roadside drug testing by a

certified drug recognition expert.

(ii) The number and type of convictions resulting from an

arrest made based on the result of a roadside drug test by a

certified drug recognition expert.

(8) Upon the conclusion of a pilot program established under

this section, the department of state police may, subject to

appropriation, establish additional pilot programs in eligible

counties not included among the 5 counties initially selected under

subsection (3). The duration of a pilot program established under

this subsection shall be for a period of 1 year.

(9) As used in this section:

(a) "Certified drug recognition expert" means a law

enforcement officer trained to recognize impairment in a driver

under the influence of a controlled substance rather than, or in

addition to, alcohol.

(b) "Controlled substance" means that term as defined in

section 7104 of the public health code, 1978 PA 368, MCL 333.7104.

Enacting section 1. This amendatory act shall be known and may