March 18, 2015, Introduced by Rep. Kesto and referred to the Committee on Judiciary.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
by amending section 48 of chapter XVII (MCL 777.48), as amended
by 2013 PA 24.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 CHAPTER XVII
2 Sec. 48. (1) Offense variable 18 is operator ability
3 affected by alcohol or drugs. Score offense variable 18 by
4 determining which of the following apply and by assigning the
5 number of points attributable to the one that has the highest
6 number of points:
1 (a) The offender operated a vehicle, vessel, ORV,
2 snowmobile, aircraft, or locomotive when his or her
3 bodily alcohol content was 0.20 grams or more per 100
4 milliliters of blood, per 210 liters of breath, or per
5 67 milliliters of urine................................ 20 points
6 (b) The offender operated a vehicle, vessel, ORV,
7 snowmobile, aircraft, or locomotive when his or her
8 bodily alcohol content was 0.15 grams or more but less
9 than 0.20 grams per 100 milliliters of blood, per 210
10 liters of breath, or per 67 milliliters of urine....... 15 points
11 (c) The offender operated a vehicle, vessel, ORV,
12 snowmobile, aircraft, or locomotive while the offender
13 was under the influence of alcoholic or intoxicating
14 liquor, a controlled substance, or a combination of
15 alcoholic or intoxicating liquor and a controlled
16 substance; or while the offender's body contained any
17 amount of a controlled substance listed in schedule 1
18 under section 7212 of the public health code, 1978 PA
19 368, MCL 333.7212, other than less than 5 nanograms
20 of tetrahydrocannabinol per 1 milliliter of blood if
21 the offender was a qualifying patient who was issued
22 and possesses a registry identification card under
23 the Michigan medical marihuana act, 2008 IL 1,
24 MCL 333.26421 to 333.26430, or a rule promulgated
25 under that section, or a controlled substance
26 described in section 7214(a)(iv) of the public
27 health code, 1978 PA 368, MCL 333.7214; or while
28 the offender had an alcohol content of 0.08 grams
29 or more but less than 0.15 grams per 100
30 milliliters of blood, per 210 liters of breath, or per
31 67 milliliters of urine or, beginning October 1,
1 2018, the offender had an alcohol content of 0.10 grams
2 or more but less than 0.15 grams per 100 milliliters of
3 blood, per 210 liters of breath, or per 67 milliliters
4 of urine............................................... 10 points
5 (d) The offender operated a vehicle, vessel, ORV,
6 snowmobile, aircraft, or locomotive while he or she was
7 visibly impaired by the use of alcoholic or intoxicating
8 liquor or a controlled substance or a combination of
9 alcoholic or intoxicating liquor and a controlled
10 substance, or was less than 21 years of age and had any
11 bodily alcohol content................................. 5 points
12 (e) The offender's ability to operate a vehicle,
13 vessel, ORV, snowmobile, aircraft, or locomotive was not
14 affected by an alcoholic or intoxicating liquor or a
15 controlled substance or a combination of alcoholic or
16 intoxicating liquor and a controlled substance......... 0 points
17 (2) As used in this section, "any bodily alcohol content"
18 means either of the following:
19 (a) An alcohol content of 0.02 grams or more but less than
20 0.08 grams per 100 milliliters of blood, per 210 liters of
21 breath, or per 67 milliliters of urine or, beginning October 1,
22 2018, 0.02 grams or more but less than 0.10 grams per 100
23 milliliters of blood, per 210 liters of breath, or per 67
24 milliliters of urine.
25 (b) Any presence of alcohol within an individual's body
26 resulting from the consumption of alcoholic or intoxicating
27 liquor other than the consumption of alcoholic or intoxicating
28 liquor as part of a generally recognized religious service or
1 ceremony.
2 Enacting section 1. This amendatory act takes effect 90 days
3 after the date it is enacted into law.
4 Enacting section 2. This amendatory act does not take effect
5 unless Senate Bill No.____ or House Bill No. 4357 (request no.
6 02242'15) of the 98th Legislature is enacted into law.