Bill Text: MI HB5765 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Traffic control; violations; restricted driver license for individuals convicted of the offense of moving violation causing death; allow. Amends sec. 319 of 1949 PA 300 (MCL 257.319).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2018-11-29 - Referred To Committee On Transportation [HB5765 Detail]
Download: Michigan-2017-HB5765-Engrossed.html
HB-5765, As Passed House, November 28, 2018
SUBSTITUTE FOR
HOUSE BILL NO. 5765
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 319 (MCL 257.319), as amended by 2016 PA 358.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 319. (1) The secretary of state shall immediately suspend
a person's license as provided in this section on receiving a
record of the person's conviction for a crime described in this
section, whether the conviction is under a law of this state, a
local ordinance substantially corresponding to a law of this state,
a law of another state substantially corresponding to a law of this
state, or, beginning October 31, 2010, a law of the United States
substantially corresponding to a law of this state.
(2) The secretary of state shall suspend the person's license
for 1 year for any of the following crimes:
(a) Fraudulently altering or forging documents pertaining to
motor vehicles in violation of section 257.
(b) A violation of section 413 of the Michigan penal code,
1931 PA 328, MCL 750.413.
(c) A violation of section 1 of former 1931 PA 214, MCL
752.191, or former section 626c.
(d) A felony in which a motor vehicle was used. As used in
this section, "felony in which a motor vehicle was used" means a
felony during the commission of which the person convicted operated
a motor vehicle and while operating the vehicle presented real or
potential harm to persons or property and 1 or more of the
following circumstances existed:
(i) The vehicle was used as an instrument of the felony.
(ii) The vehicle was used to transport a victim of the felony.
(iii) The vehicle was used to flee the scene of the felony.
(iv) The vehicle was necessary for the commission of the
felony.
(e) A violation of section 602a(2) or (3) of this act or
section 479a(2) or (3) of the Michigan penal code, 1931 PA 328, MCL
750.479a.
(f)
Beginning October 31, 2010, Subject
to subsection (25), a
violation of section 601d.
(3) The secretary of state shall suspend the person's license
for 90 days for any of the following crimes:
(a) Failing to stop and disclose identity at the scene of an
accident resulting in injury in violation of section 617a.
(b) A violation of section 601b(2), section 601c(1), section
653a(3), section 626 before October 31, 2010, or, beginning October
31, 2010, section 626(2).
(c) Malicious destruction resulting from the operation of a
vehicle under section 382(1)(b), (c), or (d) of the Michigan penal
code, 1931 PA 328, MCL 750.382.
(d) A violation of section 703(2) of the Michigan liquor
control code of 1998, 1998 PA 58, MCL 436.1703.
(4) The secretary of state shall suspend the person's license
for 30 days for malicious destruction resulting from the operation
of a vehicle under section 382(1)(a) of the Michigan penal code,
1931 PA 328, MCL 750.382.
(5) For perjury or making a false certification to the
secretary of state under any law requiring the registration of a
motor vehicle or regulating the operation of a vehicle on a
highway, or for conduct prohibited under section 324(1) or a local
ordinance substantially corresponding to section 324(1), the
secretary of state shall suspend the person's license as follows:
(a) If the person has no prior conviction for an offense
described in this subsection within 7 years, for 90 days.
(b) If the person has 1 or more prior convictions for an
offense described in this subsection within 7 years, for 1 year.
(6) For a violation of section 414 of the Michigan penal code,
1931 PA 328, MCL 750.414, the secretary of state shall suspend the
person's license as follows:
(a) If the person has no prior conviction for that offense
within 7 years, for 90 days.
(b) If the person has 1 or more prior convictions for that
offense within 7 years, for 1 year.
(7) For a violation of section 624a or 624b of this act or
section 703(1) of the Michigan liquor control code of 1998, 1998 PA
58, MCL 436.1703, the secretary of state shall suspend the person's
license as follows:
(a) Subject to subsection (24), if the person has 1 prior
conviction for an offense described in section 624a or 624b of this
act or section 33b(1) of former 1933 (Ex Sess) PA 8, for 90 days.
The secretary of state may issue the person a restricted license
after the first 30 days of suspension.
(b) Subject to subsection (24), if the person has 2 or more
prior convictions for an offense described in this subsection or
section 33b(1) of former 1933 (Ex Sess) PA 8, for 1 year. The
secretary of state may issue the person a restricted license after
the first 60 days of suspension.
(8) The secretary of state shall suspend the person's license
for a violation of section 625 or 625m as follows:
(a) For 180 days for a violation of section 625(1) or (8)
before October 31, 2010 or, beginning October 31, 2010, section
625(1)(a) or (b) or (8) if the person has no prior convictions
within 7 years. The secretary of state may issue the person a
restricted license during a specified portion of the suspension,
except that the secretary of state shall not issue a restricted
license during the first 30 days of suspension.
(b) For 90 days for a violation of section 625(3) if the
person has no prior convictions within 7 years. However, if the
person is convicted of a violation of section 625(3), for operating
a vehicle when, due to the consumption of a controlled substance or
a combination of alcoholic liquor and a controlled substance, the
person's ability to operate the vehicle was visibly impaired, the
secretary of state shall suspend the person's license under this
subdivision for 180 days. The secretary of state may issue the
person a restricted license during all or a specified portion of
the suspension.
(c) For 30 days for a violation of section 625(6) if the
person has no prior convictions within 7 years. The secretary of
state may issue the person a restricted license during all or a
specified portion of the suspension.
(d) For 90 days for a violation of section 625(6) if the
person has 1 or more prior convictions for that offense within 7
years.
(e) For 180 days for a violation of section 625(7) if the
person has no prior convictions within 7 years. The secretary of
state may issue the person a restricted license after the first 90
days of suspension.
(f) For 90 days for a violation of section 625m if the person
has no prior convictions within 7 years. The secretary of state may
issue the person a restricted license during all or a specified
portion of the suspension.
(g) Beginning October 31, 2010, for 1 year for a violation of
section 625(1)(c) if the person has no prior convictions within 7
years or not more than 2 convictions within 10 years. The secretary
of state may issue the person a restricted license, except that the
secretary of state shall not issue a restricted license during the
first 45 days of suspension.
(h) Beginning October 31, 2010, the department shall order a
person convicted of violating section 625(1)(c) not to operate a
motor vehicle under a restricted license issued under subdivision
(g) unless the vehicle is equipped with an ignition interlock
device approved, certified, and installed as required under
sections 625k and 625l. The ignition interlock device may be
removed after the interlock device provider provides the department
with verification that the person has operated the vehicle with no
instances of reaching or exceeding a blood alcohol level of 0.025
grams per 210 liters of breath. This subdivision does not prohibit
the removal of the ignition interlock device for any of the
following:
(i) A start-up test failure that occurs within the first 2
months after installation of the device. As used in this
subdivision, "start-up test failure" means that the ignition
interlock device has prevented the motor vehicle from being
started. Multiple unsuccessful attempts at 1 time to start the
vehicle are treated as 1 start-up test failure only under this
subparagraph.
(ii) A start-up test failure occurring more than 2 months
after installation of the device, if not more than 15 minutes after
detecting the start-up test failure the person delivers a breath
sample that the ignition interlock device analyzes as having an
alcohol level of less than 0.025 grams per 210 liters of breath.
(iii) A retest prompted by the device, if not more than 5
minutes after detecting the retest failure the person delivers a
breath sample that the ignition interlock device analyzes as having
an alcohol level of less than 0.025 grams per 210 liters of breath.
(i) Beginning October 31, 2010, if an individual violates the
conditions of the restricted license issued under subdivision (g)
or operates or attempts to operate a motor vehicle with a blood
alcohol level of 0.025 grams per 210 liters of breath, the
secretary of state shall impose an additional like period of
suspension and restriction as prescribed under subdivision (g).
This subdivision does not require an additional like period of
suspension and restriction for any of the following:
(i) A start-up test failure within the first 2 months after
installation of the ignition interlock device. As used in this
subdivision, "start-up test failure" means that the ignition
interlock device has prevented the motor vehicle from being
started. Multiple unsuccessful attempts at 1 time to start the
vehicle are treated as 1 start-up test failure only under this
subparagraph.
(ii) A start-up test failure occurring more than 2 months
after installation of the device, if not more than 15 minutes after
detecting the start-up test failure the person delivers a breath
sample that the ignition interlock device analyzes as having an
alcohol level of less than 0.025 grams per 210 liters of breath.
(iii) Any retest prompted by the device, if not more than 5
minutes after detecting the retest failure the person delivers a
breath sample that the ignition interlock device analyzes as having
an alcohol level of less than 0.025 grams per 210 liters of breath.
(9) For a violation of section 367c of the Michigan penal
code, 1931 PA 328, MCL 750.367c, the secretary of state shall
suspend the person's license as follows:
(a) If the person has no prior conviction for an offense
described in this subsection within 7 years, for 6 months.
(b) If the person has 1 or more convictions for an offense
described in this subsection within 7 years, for 1 year.
(10) For a violation of section 315(4), the secretary of state
may suspend the person's license for 6 months.
(11) For a violation or attempted violation of section 411a(2)
of the Michigan penal code, 1931 PA 328, MCL 750.411a, involving a
school, the secretary of state shall suspend the license of a
person 14 years of age or over but less than 21 years of age until
3 years after the date of the conviction or juvenile disposition
for the violation. The secretary of state may issue the person a
restricted license after the first 365 days of suspension.
(12) For a second or subsequent violation of section 701(1) of
the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1701,
by an individual who is not a retail licensee or a retail
licensee's clerk, agent, or employee, the secretary of state shall
suspend the person's license for 180 days. The secretary of state
may issue a person a restricted license during all or a specified
portion of the suspension.
(13) Except as provided in subsection (15), a suspension under
this section shall be imposed notwithstanding a court order unless
the court order complies with section 323.
(14) If the secretary of state receives records of more than 1
conviction of a person resulting from the same incident, a
suspension shall be imposed only for the violation to which the
longest period of suspension applies under this section.
(15) The secretary of state may waive a restriction,
suspension, or revocation of a person's license imposed under this
act if the person submits proof that a court in another state
revoked, suspended, or restricted his or her license for a period
equal to or greater than the period of a restriction, suspension,
or revocation prescribed under this act for the violation and that
the revocation, suspension, or restriction was served for the
violation, or may grant a restricted license.
(16) The secretary of state shall not issue a restricted
license to a person whose license is suspended under this section
unless a restricted license is authorized under this section and
the person is otherwise eligible for a license.
(17) The secretary of state shall not issue a restricted
license to a person under subsection (8) that would permit the
person to operate a commercial motor vehicle.
(18) Except as provided in subsection (17), a restricted
license issued under this section shall permit the person to whom
it is issued to take any driving skills test required by the
secretary of state and to operate a vehicle under 1 or more of the
following circumstances:
(a) In the course of the person's employment or occupation.
(b) To and from any combination of the following:
(i) The person's residence.
(ii) The person's work location.
(iii) An alcohol or drug education or treatment program as
ordered by the court.
(iv) The court probation department.
(v) A court-ordered community service program.
(vi) An educational institution at which the person is
enrolled as a student.
(vii) A place of regularly occurring medical treatment for a
serious condition for the person or a member of the person's
household or immediate family.
(viii) An ignition interlock service provider as required.
(19) While driving with a restricted license, the person shall
carry proof of his or her destination and the hours of any
employment, class, or other reason for traveling and shall display
that proof upon a peace officer's request.
(20) Subject to subsection (22), as used in subsection (8),
"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, or a law of another state
substantially corresponding to a law of this state:
(a) Except as provided in subsection (21), a violation or
attempted violation of any of the following:
(i) Section 625, except a violation of section 625(2), or a
violation of any prior enactment of section 625 in which the
defendant operated a vehicle while under the influence of
intoxicating or alcoholic liquor or a controlled substance, or a
combination of intoxicating or alcoholic liquor and a controlled
substance, or while visibly impaired, or with an unlawful bodily
alcohol content.
(ii) Section 625m.
(iii) Former section 625b.
(b) Negligent homicide, manslaughter, or murder resulting from
the operation of a vehicle or an attempt to commit any of those
crimes.
(c) Beginning October 31, 2010, a violation of section 601d or
section 626(3) or (4).
(21) Except for purposes of the suspensions described in
subsection (8)(c) and (d), only 1 violation or attempted violation
of section 625(6), a local ordinance substantially corresponding to
section 625(6), or a law of another state substantially
corresponding to section 625(6) may be used as a prior conviction.
(22) If 2 or more convictions described in subsection (20) are
convictions for violations arising out of the same transaction,
only 1 conviction shall be used to determine whether the person has
a prior conviction.
(23)
Any Except as provided in
subsection (25), any period of
suspension or restriction required under this section is not
subject to appeal to the secretary of state.
(24) For purposes of subsection (7), "prior conviction" means
either a misdemeanor conviction or a civil infraction determination
for a violation of section 703(1) of the liquor control code of
1998, 1998 PA 58, MCL 436.1703.
(25) Beginning on the effective date of the 2018 amendatory
act that added this subsection and ending on April 1, 2019, the
secretary of state may waive the suspension of a person's license
imposed for a violation of section 601d(1) under subsection (2)(f)
upon request. A person whose license has been suspended for a
violation of section 601d(1) under subsection (2)(f) and who wishes
to participate in the pilot program described in this subsection
shall complete an application to participate in the pilot program
and shall accompany the application with a copy of the police
report of the incident involving the violation of section 601d(1)
and any other documentation requested by the secretary of state.
Based on the evidence submitted to the secretary of state by an
applicant under this subsection, the secretary of state shall make
1 of the following determinations:
(a) The suspension was warranted. If the secretary of state
makes the determination described in this subdivision, the
applicant's license shall remain suspended for the remainder of the
duration of the original suspension.
(b) The suspension was not warranted. If the secretary of
state makes the determination described in this subdivision, the
applicant is immediately eligible for a full license reinstatement.
(c) The documentation provided by the applicant and the facts
surrounding the violation of section 601d(1) indicate that
circumstances other than negligent actions by the applicant
contributed to or caused the death that occurred during the
incident. If the secretary of state makes the determination
described in this subdivision, the secretary of state shall
terminate the suspension, and the applicant is eligible for a
restricted license for the remainder of the duration of the
original suspension, with restrictions as determined by the
secretary of state.
House Bill No. 5765 as amended November 27, 2018
(26) The secretary of state shall prepare a report analyzing
the pilot program established under subsection (25). The secretary
of state shall submit the report to the standing committees of the
senate and the house of representatives with primary responsibility
for transportation issues no later than June 1, 2019.
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