Bill Text: MI HB4443 | 2013-2014 | 97th Legislature | Engrossed
Bill Title: Vehicles; snowmobiles; operation of a snowmobile by certain individuals under the influence of or visibly impaired by alcohol or a controlled substance; prohibit. Amends secs. 82101, 82127, 82128, 82129, 82130, 82136, 82139, 82140, 82142, 82143, 82144, 82146 & 82148 of 1994 PA 451 (MCL 324.82101 et seq.) & adds secs. 82129a & 82129b.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2014-12-31 - Assigned Pa 404'14 2014 Addenda [HB4443 Detail]
Download: Michigan-2013-HB4443-Engrossed.html
HB-4443, As Passed Senate, December 16, 2014
SUBSTITUTE FOR
HOUSE BILL NO. 4443
A bill to amend 1994 PA 451, entitled
"Natural resources and environmental protection act,"
by amending sections 82101, 82127, 82128, 82129, 82130, 82136,
82139, 82140, 82142, 82143, 82144, 82146, and 82148 (MCL 324.82101,
324.82127, 324.82128, 324.82129, 324.82130, 324.82136, 324.82139,
324.82140, 324.82142, 324.82143, 324.82144, 324.82146, and
324.82148), section 82101 as amended by 2014 PA 195, section 82127
as amended by 2001 PA 12, sections 82128 and 82129 as amended by
1999 PA 22, sections 82130, 82136, 82142, and 82146 as added by
1995 PA 58, sections 82139, 82140, 82143, and 82144 as amended by
1996 PA 183, and section 82148 as amended by 2005 PA 175, and by
adding sections 82129a and 82129b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 82101. As used in this part:
(a) "Alcoholic liquor" means that term as defined in section
1d of the Michigan vehicle code, 1949 PA 300, MCL 257.1d.
(b) (a)
"Auction" means the sale
or offer for sale by bidding
of real or personal property at a public or private location.
(c) (b)
"Auctioneer" means a
person that is engaged in the
business of conducting auctions or that offers to conduct an
auction for compensation.
(d) (c)
"Conviction" means a
final conviction, the payment of
a fine, a plea of guilty or nolo contendere if accepted by the
court, or a finding of guilt or probate court disposition on a
violation of this part, regardless of whether the penalty is
rebated or suspended.
(e) (d)
"Dealer" means any person
engaged in the sale, lease,
or rental of snowmobiles as a regular business, other than an
auctioneer.
(f) (e)
"Former section 15a"
means section 15a of former 1968
PA 74, as constituted before May 1, 1994.
(g) (f)
"Highly restricted personal
information" means an
individual's photograph or image, social security number, digitized
signature, and medical and disability information.
(h) (g)
"Highway or street" means
the entire width between the
boundary lines of every way publicly maintained if any part of it
is open to public use for vehicular travel.
(i) (h)
"Historic snowmobile"
means a snowmobile that is over
25 years old and that is owned solely as a collector's item and for
occasional use and for participation in club activities,
exhibitions, tours, parades, and similar uses, including mechanical
testing.
(j) (i)
"In-kind contributions"
means services and goods as
approved by the department that are provided by a grant recipient
toward completion of a department-approved local snowmobile program
under section 82107.
(k) (j)
"Law of another state"
means a law or ordinance
enacted by any of the following:
(i) Another state.
(ii) A local unit of government in another state.
(iii) Canada or a province or territory of Canada.
(iv) A local unit of government in a province or territory of
Canada.
(k)
"Long-term incapacitating injury" means an injury that
causes
a person to be in a comatose, quadriplegic, hemiplegic, or
paraplegic
state, which state is likely to continue for 1 year or
more.
(l) "Operate" means to ride in or on and be in actual physical
control of the operation of a snowmobile.
(m) "Operator" means any individual who operates a snowmobile.
(n) "Owner" means any of the following:
(i) A person that holds the legal title to a snowmobile.
(ii) A vendee or lessee of a snowmobile that is the subject of
an agreement for conditional sale or lease with the right of
purchase upon performance of the conditions stated in the agreement
and with an immediate right of possession vested in the conditional
vendee or lessee.
(iii) A person renting a snowmobile or having the exclusive use
of a snowmobile for more than 30 days.
(o) "Peace officer" means any of the following:
(i) A sheriff.
(ii) A sheriff's deputy.
(iii) A deputy who is authorized by a sheriff to enforce this
part and who has satisfactorily completed at least 40 hours of law
enforcement training, including training specific to this part.
(iv) A village or township marshal.
(v) An officer of the police department of any municipality.
(vi) An officer of the Michigan state police.
(vii) The director and conservation officers employed by the
department.
(viii) A law enforcement officer who is certified under the
commission on law enforcement standards act, 1965 PA 203, MCL
28.601 to 28.616, provided that officer is policing within his or
her jurisdiction.
(p) "Personal information" means information that identifies
an individual, including an individual's driver identification
number, name, address not including zip code, and telephone number,
but does not include information on snowmobile operation or
equipment-related violations or civil infractions, operator or
snowmobile registration status, accidents, or other behaviorally-
related information.
(q) "Prior conviction" means a conviction for any of the
following, whether under a law of this state, a local ordinance
substantially corresponding to a law of this state, a law of the
United States substantially corresponding to a law of this state,
or a law of another state substantially corresponding to a law of
this state:
(i) A violation or an attempted violation of section 82127(1),
(3), (4), (5), (6), or (7), except that only 1 violation or
attempted violation of section 82127(6), a local ordinance
substantially corresponding to section 82127(6), or a law of
another state substantially corresponding to section 82127(6), or a
law of the United States substantially corresponding to section
82127(6) may be used as a prior conviction other than for
enhancement purposes as provided in section 82129a(1)(b).
(ii) Negligent homicide, manslaughter, or murder resulting from
the operation of a snowmobile or an attempt to commit any of those
crimes.
(iii) Former section 15a(1), (3), (4), or (5) of 1968 PA 74.
(iv) Former section 15a.
(r) (q)
"Probate court or family
division disposition" means
the entry of a probate court order of disposition or family
division order of disposition for a child found to be within the
provisions of chapter XIIA of the probate code of 1939, 1939 PA
288, MCL 712A.1 to 712A.32.
(s) (r)
"Prosecuting attorney",
except as the context requires
otherwise, means the attorney general, the prosecuting attorney of
a county, or the attorney representing a local unit of government.
(t) (s)
"Recreational snowmobile trail
improvement subaccount"
means the recreational snowmobile trail improvement subaccount of
the snowmobile account created in section 82110.
(u) (t)
"Right-of-way" means that
portion of a highway or
street less the roadway and any shoulder.
(v) (u)
"Roadway" means that
portion of a highway or street
improved, designated, or ordinarily used for vehicular travel. If a
highway or street includes 2 or more separate roadways, the term
roadway refers to any roadway separately, but not to all of the
roadways collectively.
(w) (v)
"Shoulder" means that
portion of a highway or street
on either side of the roadway that is normally snowplowed for the
safety and convenience of vehicular traffic.
(x) (w)
"Snowmobile" means any
motor-driven vehicle designed
for travel primarily on snow or ice of a type that utilizes sled-
type runners or skis, an endless belt tread, or any combination of
these or other similar means of contact with the surface upon which
it is operated, but is not a vehicle that must be registered under
the Michigan vehicle code, 1949 PA 300, MCL 257.1 to 257.923.
(y) (x)
"Snowmobile account"
means the snowmobile account of
the Michigan conservation and recreation legacy fund provided for
in section 2025.
(z) (y)
"Snowmobile registration fee
subaccount" means the
snowmobile registration fee subaccount of the snowmobile account
created in section 82111.
(aa) (z)
"Zone 1" means all of the
Upper Peninsula.
(bb) (aa)
"Zone 2" means all of
that part of the Lower
Peninsula north of a line beginning at and drawn from a point on
the Michigan-Wisconsin boundary line due west of the westerly
terminus of River road in Muskegon county; thence due east to the
westerly terminus of River road; thence north and east along the
center line of the River road to its intersection with highway M-
120; thence northeasterly and easterly along the center line of
highway M-120 to the junction of highway M-20; thence easterly
along the center line of M-20 to its junction with US-10 at the
Midland-Bay county line; thence easterly along the center line of
the "business route" of highway US-10 to the intersection of
Garfield road in Bay county; thence north along the center line of
Garfield road to the intersection of the Pinconning road; thence
east along the center line of Pinconning road to the intersection
of the Seven Mile road; thence north along the center of the Seven
Mile road to the Bay-Arenac county line; thence north along the
center line of the Lincoln School road (county road 25) in Arenac
county to the intersection of highway M-61; thence east along the
center line of highway M-61 to the junction of highway US-23;
thence northerly and easterly along the center line of highway US-
23 to the center line of the Au Gres river; thence southerly along
the center line of the river to its junction with Saginaw Bay of
Lake Huron; thence north 78° east to the international boundary
line between the United States and the Dominion of Canada.
(cc) (bb)
"Zone 3" means all of
that part of the Lower
Peninsula
south of the line described in subdivision (aa).(bb).
Sec. 82127. (1) A person shall not operate a snowmobile in
this
state if either any of the following applies apply:
(a)
The person is under the influence of intoxicating
alcoholic liquor or a controlled substance, or both.
(b)
The person has a blood alcohol content of 0.10 0.08
grams
or more per 100 milliliters of blood, per 210 liters of breath, or
per 67 milliliters of urine.
(c) The person has in his or her body any amount of a
controlled substance listed in schedule 1 under section 7212 of the
public health code, 1978 PA 368, MCL 333.7212, or a rule
promulgated under that section, or of a controlled substance
described in section 7214(a)(iv) of the public health code, 1978 PA
368, MCL 333.7214.
(2) The owner of a snowmobile or a person in charge or in
control of a snowmobile shall not authorize or knowingly permit the
snowmobile
to be driven or operated by a person who if any of the
following apply:
(a)
The person is under the influence of intoxicating
alcoholic liquor or a controlled substance, or both. ,
or who
(b) The person has a blood an alcohol content of 0.10 0.08
grams or more per 100 milliliters of blood, per 210 liters of
breath, or per 67 milliliters of urine.
(c) The person's ability to operate a snowmobile is visibly
impaired due to the consumption of an alcoholic liquor, a
controlled substance, or a combination of an alcoholic liquor and a
controlled substance.
(3) A person shall not operate a snowmobile when, due to the
consumption
of an intoxicating alcoholic liquor or a controlled
substance, or both, the person's ability to operate the snowmobile
is visibly impaired. If a person is charged with violating
subsection (1), a finding of guilty under this subsection may be
rendered.
(4)
A person who operates a snowmobile under the influence of
intoxicating
liquor or a controlled substance, or both, or with a
blood
alcohol content of 0.10 grams or more per 100 milliliters of
blood,
per 210 liters of breath, or per 67 milliliters of urine, in
violation of subsection (1) or (3) and by the operation of that
snowmobile causes the death of another person is guilty of a felony
punishable
by imprisonment for not more than 15 years , or a fine
of not less than $2,500.00 or more than $10,000.00, or both.
(5)
A person who operates a snowmobile under the influence of
intoxicating
liquor or a controlled substance, or both, or with a
blood
alcohol content of 0.10 grams or more per 100 milliliters of
blood,
per 210 liters of breath, or per 67 milliliters of urine, in
violation of subsection (1) or (3) and by the operation of that
snowmobile causes a serious impairment of a body function of
another person is guilty of a felony punishable by imprisonment for
not
more than 5 years , or a fine of not less than $1,000.00 or
more than $5,000.00, or both. As used in this subsection, "serious
impairment
of a body function" includes, but is not limited to, 1
or
more of the following: means
that term as defined in section 58c
of the Michigan vehicle code, 1949 PA 300, MCL 257.58c.
(a)
Loss of a limb or use of a limb.
(b)
Loss of a hand, foot, finger, or thumb or use of a hand,
foot,
finger, or thumb.
(c)
Loss of an eye or ear or use of an eye or ear.
(d)
Loss or substantial impairment of a bodily function.
(e)
Serious visible disfigurement.
(f)
A comatose state that lasts for more than 3 days.
(g)
Measurable brain damage or mental impairment.
(h)
A skull fracture or other serious bone fracture.
(i)
Subdural hemorrhage or subdural hematoma.
(6) A person who is less than 21 years of age, whether
licensed or not, shall not operate a snowmobile if the person has
any bodily alcohol content. As used in this subsection, "any bodily
alcohol content" means either of the following:
(a) An alcohol content of 0.02 grams or more but less than
0.08 grams per 100 milliliters of blood, per 210 liters of breath,
or per 67 milliliters of urine, or, beginning October 1, 2018, an
alcohol content of 0.02 grams or more but less than 0.10 grams per
100 milliliters of blood, per 210 liters of breath, or per 67
milliliters of urine.
(b) Any presence of alcohol within a person's body resulting
from the consumption of alcoholic liquor, other than consumption of
alcoholic liquor as a part of a generally recognized religious
service or ceremony.
(7) A person is subject to the following requirements:
(a) He or she shall not operate a snowmobile in violation of
subsection (1), (3), (4), or (5) while another person who is less
than 16 years of age is occupying the snowmobile.
(b) He or she shall not operate a snowmobile in violation of
subsection (6) while another person who is less than 16 years of
age is occupying the snowmobile.
Sec. 82128. (1) If a person is convicted of violating section
82127(1), the following apply:
(a) Except as otherwise provided in subdivisions (b) and (c),
the person is guilty of a misdemeanor and may be punished by 1 or
more of the following:
(i) Community service for not more than 45 days.
(ii) Imprisonment for not more than 93 days.
(iii) A fine of not less than $100.00 or more than $500.00.
(b) If the violation occurs within 7 years of a prior
conviction, the person shall be sentenced to both a fine of not
less than $200.00 or more than $1,000.00 and either of the
following:
(i) Community service for not less than 10 days or more than 90
days, and may be imprisoned for not more than 1 year.
(ii) Imprisonment for not less than 48 consecutive hours or
more than 1 year, and may be sentenced to community service for not
more than 90 days.
(c)
If the violation occurs within 10 years of after 2
or more
prior convictions regardless of the number of years that have
elapsed since any prior conviction, the person is guilty of a
felony and shall be sentenced to imprisonment for not less than 1
year or more than 5 years, or a fine of not less than $500.00 or
more than $5,000.00, or both.
(2) A term of imprisonment imposed under subsection (1)(b)(ii)
shall not be suspended.
(3) A person sentenced to perform service to the community
under this section shall not receive compensation and shall
reimburse the state or appropriate local unit of government for the
cost of supervision incurred by the state or local unit of
government as a result of the person's activities in that service
if ordered by the court.
(4) In addition to the sanctions prescribed under subsection
(1)
and section 82127(4) and (5), the court may, pursuant to under
the code of criminal procedure, 1927 PA 175, MCL 760.1 to 777.69,
order the person to pay the costs of the prosecution. The court
shall also impose sanctions under section 82142.
(5) A person who is convicted of violating section 82127(2) is
guilty of a misdemeanor, punishable by imprisonment for not more
than 93 days, or a fine of not less than $100.00 or more than
$500.00, or both.
(6)
As used in this section, "prior conviction" means a
conviction
for a violation of section 82127(1), (4), or (5), former
section
15a(1), (4), or (5) of 1968 PA 74, or former section 15a, a
local
ordinance substantially corresponding to section 82127(1) or
former
section 15a, or a law of another state substantially
corresponding
to section 82127(1), (4), or (5) or former section
15a.
Sec. 82129. (1) If a person is convicted of violating section
82127(3), the following apply:
(a) Except as otherwise provided in subdivisions (b) and (c),
the person is guilty of a misdemeanor punishable by 1 or more of
the following:
(i) Community service for not more than 45 days.
(ii) Imprisonment for not more than 93 days.
(iii) A fine of not more than $300.00.
(b) If the violation occurs within 7 years of 1 prior
conviction, the person shall be sentenced to both a fine of not
less than $200.00 or more than $1,000.00, and either of the
following:
(i) Community service for not less than 10 days or more than 90
days, and may be sentenced to imprisonment for not more than 1
year.
(ii) Imprisonment for not more than 1 year, and may be
sentenced to community service for not more than 90 days.
(c)
If the violation occurs within 10 years of after 2
or more
prior convictions regardless of the number of years that have
elapsed since any prior conviction, the person shall be sentenced
to both a fine of not less than $200.00 or more than $1,000.00, and
either of the following:
(i) Community service for a period of not less than 10 days or
more than 90 days, and may be sentenced to imprisonment for not
more than 1 year.
(ii) Imprisonment for not more than 1 year, and may be
sentenced to community service for not more than 90 days.
(2) In addition to the sanctions prescribed in subsection (1),
the
court may, pursuant to under
the code of criminal procedure,
1927 PA 175, MCL 760.1 to 777.69, order the person to pay the costs
of the prosecution. The court shall also impose sanctions under
section 82142.
(3) A person sentenced to perform service to the community
under this section shall not receive compensation and shall
reimburse the state or appropriate local unit of government for the
cost of supervision incurred by the state or local unit of
government as a result of the person's activities in that service
as ordered by the court.
(4)
As used in this section, "prior conviction" means a
conviction
for a violation of section 82127(1), (3), (4), or (5),
section
15a(1), (3), (4), or (5) of 1968 PA 74, or former section
15a,
a local ordinance substantially corresponding to section
82127(1)
or (3) or former section 15a, or a law of another state
substantially
corresponding to section 82127(1), (3), (4), or (5)
or
former section 15a.
Sec. 82129a. (1) If a person is convicted of violating section
82127(6), all of the following apply:
(a) Except as otherwise provided in subdivision (b), the
person is guilty of a misdemeanor punishable by 1 or both of the
following:
(i) Community service for not more than 360 hours.
(ii) A fine of not more than $250.00.
(b) If the violation occurs within 7 years of 1 or more prior
convictions, including a prior conviction for section 82127(6), the
person may be sentenced to 1 or more of the following:
(i) Community service for not more than 60 days.
(ii) A fine of not more than $500.00.
(iii) Imprisonment for not more than 93 days.
(2) In addition to imposing the sanctions prescribed under
this section, the court may order the person to pay the costs of
the prosecution under the code of criminal procedure, 1927 PA 175,
MCL 760.1 to 777.69.
(3) A person sentenced to perform community service under this
section shall not receive compensation and shall reimburse the
state or appropriate local unit of government for the cost of
supervision incurred by the state or local unit of government as a
result of the person's activities in that service.
Sec. 82129b. (1) A person who violates section 82127(7)(a) is
guilty of a crime punishable as follows:
(a) Except as provided in subdivision (b), a person who
violates section 82127(7)(a) is guilty of a misdemeanor and shall
be sentenced to pay a fine of not less than $200.00 or more than
$1,000.00 and to 1 or more of the following:
(i) Imprisonment for not less than 5 days or more than 1 year.
Not less than 48 hours of this imprisonment shall be served
consecutively. This term of imprisonment shall not be suspended.
(ii) Community service for not less than 30 days or more than
90 days.
(b) If the violation occurs within 7 years of a prior
conviction or after 2 or more prior convictions, regardless of the
number of years that have elapsed since any prior conviction, a
person who violates section 82127(7)(a) is guilty of a felony and
shall be sentenced to pay a fine of not less than $500.00 or more
than $5,000.00 and to either of the following:
(i) Imprisonment under the jurisdiction of the department of
corrections for not less than 1 year or more than 5 years.
(ii) Probation with imprisonment in the county jail for not
less than 30 days or more than 1 year and community service for not
less than 60 days or more than 180 days. Not less than 48 hours of
this imprisonment shall be served consecutively. This term of
imprisonment shall not be suspended.
(2) A person who violates section 82127(7)(b) is guilty of a
misdemeanor punishable as follows:
(a) Except as provided in subdivision (b), a person who
violates section 82127(7)(b) may be sentenced to 1 or more of the
following:
(i) Community service for not more than 60 days.
(ii) A fine of not more than $500.00.
(iii) Imprisonment for not more than 93 days.
(b) If the violation occurs within 7 years of a prior
conviction or after 2 or more prior convictions, regardless of the
number of years that have elapsed since any prior conviction, a
person who violates section 82127(7)(b) shall be sentenced to pay a
fine of not less than $200.00 or more than $1,000.00 and to 1 or
more of the following:
(i) Imprisonment for not less than 5 days or more than 1 year.
Not less than 48 hours of this imprisonment shall be served
consecutively. This term of imprisonment shall not be suspended.
(ii) Community service for not less than 30 days or more than
90 days.
(3) In addition to imposing the sanctions prescribed under
this section, the court may order the person to pay the costs of
the prosecution under the code of criminal procedure, 1927 PA 175,
MCL 760.1 to 777.69.
(4) A person sentenced to perform community service under this
section shall not receive compensation and shall reimburse the
state or appropriate local unit of government for the cost of
supervision incurred by the state or local unit of government as a
result of the person's activities in that service.
Sec. 82130. (1) If the prosecuting attorney intends to seek an
enhanced
sentence under section 82128, or 82129, 82129a, or 82129b
based upon the defendant having 1 or more prior convictions, the
prosecuting attorney shall include on the complaint and information
filed in district court, circuit court, recorder's court, municipal
court, or probate court a statement listing the defendant's prior
convictions.
(2) A prior conviction shall be established at sentencing by 1
or more of the following:
(a) An abstract of conviction.
(b) An admission by the defendant.
(3) A person who is convicted of an attempted violation of
section 82127(1) or (3) or a local ordinance substantially
corresponding to section 82127(1) or (3) shall be punished as if
the offense had been completed.
(4) When issuing an order under this part, the secretary of
state and the court shall treat a conviction of an attempted
violation of section 82127(1) or (3), former section 15a(1) or (3)
of
Act No. 74 of the Public Acts of 1968 1968 PA 74, a local
ordinance substantially corresponding to section 82127(1) or (3),
or
a law of another state substantially
corresponding to section
82127(1) or (3), or a law of the United States substantially
corresponding to section 82127(1) or (3) the same as if the offense
had been completed.
Sec. 82136. (1) A peace officer, without a warrant, may arrest
a person if the peace officer has reasonable cause to believe that
the person was, at the time of an accident, the operator of a
snowmobile involved in the accident in this state while in
violation
of section 82127(1), (3), (4), or (5), (6), or (7) or a
local
ordinance substantially corresponding to section 82127(1), or
(3), or (6).
(2) A peace officer who has reasonable cause to believe that a
person was operating a snowmobile and that, by the consumption of
intoxicating
alcoholic liquor, the person may have affected his or
her ability to operate a snowmobile may require the person to
submit to a preliminary chemical breath analysis. The following
apply with respect to a preliminary chemical breath analysis:
(a) A peace officer may arrest a person based in whole or in
part upon the results of a preliminary chemical breath analysis.
(b) The results of a preliminary chemical breath analysis are
admissible in a criminal prosecution for a crime enumerated in
section 82143(1) or in an administrative hearing solely to assist
the court or hearing officer in determining a challenge to the
validity of an arrest. This subdivision does not limit the
introduction of other competent evidence offered to establish the
validity of an arrest.
(c) A person who submits to a preliminary chemical breath
analysis remains subject to the requirements of sections 82143 to
82146 for the purposes of chemical tests described in those
sections.
(d) A person who refuses to submit to a preliminary chemical
breath
analysis upon a lawful request by a peace officer is guilty
of
a misdemeanor. responsible
for a state civil infraction and may
be ordered to pay a civil fine of not more than $500.00.
Sec. 82139. (1) The provisions of sections 82137 and 82138
relating to chemical testing do not limit the introduction of any
other competent evidence bearing upon the question of whether a
person
was impaired by, or under the influence of, intoxicating
alcoholic liquor or a controlled substance, or both, or whether the
person
had a blood alcohol content of 0.10 0.08 grams or more per
100 milliliters of blood, per 210 liters of breath, or per 67
milliliters of urine or had in his or her body any amount of a
controlled substance listed in schedule 1 under section 7212 of the
public health code, 1978 PA 368, MCL 333.7212, or a rule
promulgated under that section, or of a controlled substance
described in section 7214(a)(iv) of the public health code, 1978 PA
368, MCL 333.7214.
(2) If a chemical test described in sections 82137 and 82138
is administered, the results of the test shall be made available to
the person charged or the person's attorney upon written request to
the prosecution, with a copy of the request filed with the court.
The prosecution shall furnish the results at least 2 days before
the day of the trial. The results of the test shall be offered as
evidence by the prosecution in that trial. Failure to fully comply
with the request bars the admission of the results into evidence by
the prosecution.
Sec.
82140. (1) Except in a prosecution relating solely to a
violation
of section 82127(1)(b), the amount of alcohol in the
driver's
blood at the time alleged as shown by chemical analysis of
the
person's blood, urine, or breath gives rise to the following
presumptions:
(a)
If at the time the defendant had a blood alcohol content
of
0.07 grams or less per 100 milliliters of blood, per 210 liters
of
breath, or per 67 milliliters of urine, it shall be presumed
that
the defendant's ability to operate a snowmobile was not
impaired
due to the consumption of intoxicating liquor and that the
defendant
was not under the influence of intoxicating liquor.
(b)
If at the time the defendant had a blood alcohol content
of
more than 0.07 grams but less than 0.10 grams per 100
milliliters
of blood, per 210 liters of breath, or per 67
milliliters
of urine, it shall be presumed that the defendant's
ability
to operate a snowmobile was impaired within the provisions
of
section 82127(3) due to the consumption of intoxicating liquor.
(c)
If at the time the defendant had a blood alcohol content
of
0.10 grams or more per 100 milliliters of blood, per 210 liters
of
breath, or per 67 milliliters of urine, it shall be presumed
that
the defendant was under the influence of intoxicating liquor.
(2)
A person's refusal to submit to a
chemical test as
provided in sections 82137 and 82138 is admissible in a criminal
prosecution for a crime described in section 82143(1) only for the
purpose of showing that a test was offered to the defendant, but
not as evidence in determining innocence or guilt of the defendant.
The jury shall be instructed accordingly.
Sec.
82142. (1) Immediately upon acceptance by the court of a
plea of guilty or nolo contendere or upon entry of a verdict of
guilty
for a violation of section 82127(1), (3), (4), or (5), (6),
or (7) or a local ordinance substantially corresponding to section
82127(1), or
(3), or (6) whether or not the person is eligible to
be sentenced as a multiple offender, the court shall consider all
prior convictions established under section 82130, except those
convictions that, upon motion by the defendant, are determined by
the court to be constitutionally invalid, and shall impose the
following sanctions:
(a) For a conviction under section 82127(4) or (5), the court
shall order, without an expiration date, that the person not
operate a snowmobile.
(b) For a conviction under section 82127(1) or a local
ordinance substantially corresponding to section 82127(1):
(i) If the court finds that the person has no prior convictions
within
7 years, for a violation of section 82127(1), (3), (4),
or
(5),
former section 15a(1), (3), (4), or (5) of Act No. 74 of the
Public
Acts of 1968, or former section 15a or another snowmobile
substance
abuse offense or that the person has 1 prior conviction
within
7 years for a violation of section 82127(3), former section
15a(3)
of Act No. 74 of the Public Acts of 1968, a local ordinance
substantially
corresponding to section 82127(3), or a law of
another
state substantially corresponding to section 82127(3), the
court shall order that the person not operate a snowmobile for not
less than 6 months or more than 2 years and shall require that the
person take and successfully complete the snowmobile safety
education and training program before operating a snowmobile.
(ii) If the court finds that the person has 1 or more prior
convictions
within 7 years, for a violation of section 82127(1),
(4),
or (5), former section 15a(1), (4), or (5) of Act No. 74 of
the
Public Acts of 1968, or former section 15a, a local ordinance
substantially
corresponding to section 82127(1) or former section
15a,
or a law of another state substantially corresponding to
section
82127(1), (4), or (5) or former section 15a, or the court
shall order that the person not operate a snowmobile for a period
of not less than 1 year or more than 2 years and shall require the
person to take and successfully complete the snowmobile safety
education and training program before operating a snowmobile.
(iii) If the court finds that the person has 2 or more prior
convictions
within 10 years, for a violation of section 82127(1),
(3),
(4), or (5), former section 15a(1), (3), (4), or (5) of Act
No.
74 of the Public Acts of 1968, or former section 15a, or
another
snowmobile substance abuse offense, the
court shall order,
without an expiration date, that the person not operate a
snowmobile.
(c) For a conviction under section 82127(3) or a local
ordinance substantially corresponding to section 82127(3):
(i) If the court finds that the convicted person has no prior
conviction
within 7 years, for a violation of section 82127(1),
(3),
(4), or (5), former section 15a(1), (3), (4), or (5) of Act
No.
74 of the Public Acts of 1968, former section 15a, or another
snowmobile
substance abuse offense, the court
shall order that the
person not operate a snowmobile for not less than 90 days or more
than 1 year.
(ii) If the court finds that the person has 1 prior conviction
within
7 years, for a violation of section 82127(1), (3), (4),
or
(5),
former section 15a(1), (3), (4), or (5) of Act No. 74 of the
Public
Acts of 1968, former section 15a, or another snowmobile
substance
abuse offense, the court shall
order that the person not
operate a snowmobile for not less than 6 months or more than 2
years.
(iii) If the court finds that the person has 2 or more prior
convictions
within 10 years, for a violation of section 82127(1),
(3),
(4), or (5), former section 15a(1), (3), (4), or (5) of Act
No.
74 of the Public Acts of 1968, former section 15a, or another
snowmobile
substance abuse offense, the court
shall order, without
an expiration date, the person not to operate a snowmobile.
(2)
As used in this section, "another snowmobile substance
abuse
offense" means a local ordinance substantially corresponding
to
section 82127(1) or (3) or a law of another state substantially
corresponding
to section 82127(1), (3), (4), or (5).
Sec. 82143. (1) A person who operates a snowmobile is
considered to have given consent to chemical tests of his or her
blood, breath, or urine for the purpose of determining the amount
of alcohol or presence of a controlled substance, or both, in his
or her blood in all of the following circumstances:
(a) The person is arrested for a violation of section
82127(1),
(3), (4), or (5), (6), or
(7) or a local ordinance
substantially
corresponding to section 82127(1), or (3), or (6).
(b) The person is arrested for negligent homicide,
manslaughter, or murder resulting from the operation of a
snowmobile, and the peace officer had reasonable grounds to believe
that
the person was operating the snowmobile while impaired by, or
under
the influence of, intoxicating liquor or a controlled
substance,
or both, or while having a blood alcohol content of 0.10
grams
or more per 100 milliliters of blood, per 210 liters of
breath,
or per 67 milliliters of urine in
violation of section
82127.
(2) A person who is afflicted with hemophilia, diabetes, or a
condition requiring the use of an anticoagulant under the direction
of a physician shall not be considered to have given consent to the
withdrawal of blood.
(3) A chemical test described in subsection (1) shall be
administered as provided in sections 82137 and 82138.
Sec. 82144. (1) If a person refuses the request of a peace
officer
to submit to a chemical test offered pursuant to under
section 82137 or 82138, a test shall not be given without a court
order, but the officer may seek to obtain the court order.
(2)
If a person refuses a chemical test offered pursuant to
under section 82137 or 82138, or submits to the chemical test and
the
test reveals a blood alcohol content of 0.10 0.08 grams
or more
per 100 milliliters of blood, per 210 liters of breath, or per 67
milliliters of urine, the peace officer who requested the person to
submit to the test shall immediately forward a written report to
the secretary of state. The report shall state that the officer had
reasonable grounds to believe that the person had committed a crime
described in section 82143(1), and either that the person has
refused to submit to the test upon the request of the peace officer
and has been advised of the consequences of the refusal or that the
test
revealed a blood alcohol content of 0.10 0.08 grams or more
per 100 milliliters of blood, per 210 liters of breath, or per 67
milliliters of urine. The form of the report shall be prescribed
and furnished by the secretary of state.
Sec. 82146. (1) If a person who refuses to submit to a
chemical
test pursuant to under section 82144 does not request a
hearing
within 14 days of the date of notice pursuant to under
section 82145, the secretary of state shall issue an order that the
person
not operate a snowmobile for 6 months 1 year or, for a
second
or subsequent refusal within 7 years, for 1 year 2 years.
(2) If a hearing is requested, the secretary of state shall
hold the hearing in the same manner and under the same conditions
as
provided in section 322 of the Michigan vehicle code, Act No.
300
of the Public Acts of 1949, being section 257.322 of the
Michigan
Compiled Laws 1949 PA 300,
MCL 257.322. A person shall not
order a hearing officer to make a particular finding on any issue
enumerated under subdivisions (a) to (d). Not less than 5 days'
notice of the hearing shall be mailed to the person requesting the
hearing, to the peace officer who filed the report under section
82144, and, if the prosecuting attorney requests receipt of the
notice, to the prosecuting attorney of the county where the arrest
was made. The hearing officer may administer oaths, issue subpoenas
for the attendance of necessary witnesses, and grant a reasonable
request for an adjournment. Not more than 1 adjournment shall be
granted to a party, and the length of an adjournment shall not
exceed 14 days. A hearing under this subsection shall be scheduled
to be held within 45 days after the date of arrest and, except for
delay attributable to the unavailability of the defendant, a
witness, or material evidence or to an interlocutory appeal or
exceptional circumstances, but not for delay attributable to docket
congestion, shall be finally adjudicated within 77 days after the
date of arrest. The hearing shall cover only the following issues:
(a) Whether the peace officer had reasonable grounds to
believe that the person had committed a crime described in section
82143(1).
(b) Whether the person was placed under arrest for a crime
described in section 82143(1).
(c) If the person refused to submit to the test upon the
request of the officer, whether the refusal was reasonable.
(d) Whether the person was advised of his or her rights under
section 82137.
(3) The hearing officer shall make a record of proceedings
held
pursuant to under subsection (2). The record shall be prepared
and transcribed in accordance with section 86 of the administrative
procedures
act of 1969, Act No. 306 of the Public Acts of 1969,
being
section 24.286 of the Michigan Compiled Laws 1969 PA 306, MCL
24.286. Upon notification of the filing of a petition for judicial
review
pursuant to under section 82150 and not less than 10 days
before the matter is set for review, the hearing officer shall
transmit to the court in which the petition is filed the original
or a certified copy of the official record of the proceedings. The
parties to the proceedings for judicial review may stipulate that
the record be shortened. A party unreasonably refusing to stipulate
to a shortened record may be taxed by the court in which the
petition is filed for the additional costs. The court may permit
subsequent corrections to the record.
(4) After a hearing, if the person who requested the hearing
does not prevail, the secretary of state shall order that the
person
not operate a snowmobile for 6 months 1 year or, for a
second
or subsequent refusal within 7 years, for 1 year 2 years.
The person may file a petition in the circuit court of the county
in which the arrest was made to review the order as provided in
section 82150. If after the hearing the person who requested the
hearing prevails, the peace officer who filed the report under
section 82144 may, with the consent of the prosecuting attorney,
file a petition in the circuit court of the county in which the
arrest was made to review the determination of the hearing officer
as provided in section 82150.
Sec. 82148. (1) Upon receipt of the appropriate records of
conviction, the secretary of state shall issue an order with no
expiration date that the person not operate a snowmobile to a
person having any of the following convictions, whether under a law
of this state, a local ordinance substantially corresponding to a
law of this state, or a law of another state substantially
corresponding to a law of this state:
(a) Two convictions of a felony involving the use of a
snowmobile within 7 years.
(b) Any combination of 2 convictions within 7 years for a
violation of section 82127(1), section 15a(1) of former 1968 PA 74,
or section 15a of former 1968 PA 74, as added by 1980 PA 402.
(c) One conviction under section 82127(4) or (5) or section
15a(4) or (5) of former 1968 PA 74.
(d) Any combination of 3 convictions within 10 years for a
violation of section 82127(1) or (3), section 15a(1) or (3) of
former 1968 PA 74, or section 15a of former 1968 PA 74, as added by
1980 PA 402.
(2) The department shall seek to enter agreements with the
appropriate agencies of other states, Canada, and provinces and
territories of Canada for the sharing of records of convictions
described in subsection (1).
(3) The secretary of state shall issue an order with no
expiration date that a person not operate a snowmobile
notwithstanding a court order issued under section 82142, or a
local ordinance substantially corresponding to section 82142. The
secretary of state shall not terminate an indefinite order issued
under this part until both of the following occur:
(a) The later of the following:
(i) The expiration of not less than 1 year after the order was
issued.
(ii) The expiration of not less than 5 years after the date of
a subsequent issuance of an indefinite order occurring within 7
years after the date of a prior order.
(b) The person meets the requirements of the department of
state.
(4) Multiple convictions or probate court dispositions
resulting from the same incident shall be treated as a single
violation for purposes of issuance of an order under this section.
(5) A person who is aggrieved by the issuance of an order by
the secretary of state under this section may request a hearing
with the secretary of state. The hearing shall be requested within
14 days after issuance of an order under this section by the
secretary of state. If a hearing is requested, the secretary of
state shall hold the hearing in the same manner and under the same
conditions as provided in section 322 of the Michigan vehicle code,
1949 PA 300, MCL 257.322.
(6) The hearing officer shall make a record of proceedings
held
pursuant to under subsection (5). The record shall be prepared
and transcribed in accordance with section 86 of the administrative
procedures act of 1969, 1969 PA 306, MCL 24.286. Upon notification
of
the filing of a petition for judicial review pursuant to under
section 82150 and not less than 10 days before the matter is set
for review, the hearing officer shall transmit to the court in
which the petition is filed the original or a certified copy of the
official record of the proceedings. The parties to the proceedings
for judicial review may stipulate that the record be shortened. A
party unreasonably refusing to stipulate to a shortened record may
be taxed by the court in which the petition is filed for the
additional costs. The court may permit subsequent corrections to
the record.
(7) Judicial review of an administrative sanction under this
section is governed by the law in effect at the time the offense
was committed or attempted.
