Bill Text: MI SB0617 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Traffic control: accidents; penalties for moving violation causing physical injury or death to a vulnerable roadway user; enhance. Amends secs. 303, 320a & 601c of 1949 PA 300 (MCL 257.303 et seq.). TIE BAR WITH: SB 0618'23
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced) 2023-10-25 - Referred To Committee On Civil Rights, Judiciary, And Public Safety [SB0617 Detail]
Download: Michigan-2023-SB0617-Introduced.html
SENATE BILL NO. 617
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 303, 320a, and 601c (MCL 257.303, 257.320a, and 257.601c), section 303 as amended by 2020 PA 376, section 320a as amended by 2023 PA 39, and section 601c as added by 2001 PA 103.
the people of the state of michigan enact:
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Sec. 303. (1) The secretary of state shall not issue a license under this act to any of the following individuals:
(a) An individual, as an operator, who is less than 18 years
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of age, except as otherwise provided in this act.
(b) An individual, as a chauffeur, who is less than 18 years of age, except as otherwise provided in this act.
(c) An individual whose license is suspended, revoked, denied, or canceled in any state. If the suspension, revocation, denial, or cancellation is not from the jurisdiction that issued the last license to the individual, the secretary of state may issue a license after the expiration of 5 years from the effective date of the most recent suspension, revocation, denial, or cancellation.
(d) An individual who in the opinion of the secretary of state is afflicted with or suffering from a physical or mental disability or disease that prevents the individual from exercising reasonable and ordinary control over a motor vehicle while operating the motor vehicle on the highways.
(e) An individual who is unable to understand highway warning or direction signs in the English language.
(f) An individual who is unable to pass a knowledge, skill, or ability test administered by the secretary of state in connection with issuing an original operator's or chauffeur's license, an original motorcycle indorsement, endorsement, or an original or renewal of a vehicle group designation or vehicle indorsement.endorsement.
(g) An individual who has been convicted of, has received a juvenile disposition for, or has been determined responsible for 2 or more moving violations 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 within the preceding 3 years, if the violations occurred before issuance of an original license to the person individual in
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this state, another state, or another country.
(h) A nonresident, including, but not limited to, a foreign exchange student.
(i) An individual who has failed to answer a citation or notice to appear in court or for any matter pending or fails to comply with an order or judgment of the court, including, but not limited to, paying all fines, costs, fees, and assessments, in violation of section 321a, until that individual answers the citation or notice to appear in court or for any matter pending or complies with an order or judgment of the court, including, but not limited to, paying all fines, costs, fees, and assessments, as provided under section 321a.
(j) An individual not licensed under this act who has been convicted of, has received a juvenile disposition for, or has been determined responsible for a crime or civil infraction described in section 319, 324, or 904. An individual shall be denied a license under this subdivision for the length of time corresponding to the period of the licensing sanction that would have been imposed under section 319, 324, or 904 if the individual had been licensed at the time of the violation.
(k) An individual not licensed under this act who is determined to have violated section 624a or 624b. The individual shall be denied a license under this subdivision for a period of time that corresponds to the period of the licensing sanction that would have been imposed under those sections had the individual been licensed at the time of the violation.
(l) An individual whose commercial driver license application is canceled under section 324(2).
(m) Unless otherwise eligible under section 307(1), an
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individual who is not a citizen of the United States.
(2) On receiving the appropriate records of conviction, the secretary of state shall revoke the operator's or chauffeur's license of an individual and deny issuance of an operator's or chauffeur's license to an individual who has any of the following, whether under a law of this state, a local ordinance that substantially corresponds to a law of this state, a law of another state that substantially corresponds to a law of this state, or, beginning October 31, 2010, a law of the United States that substantially corresponds to a law of this state:
(a) Any combination of 2 convictions within 7 years for reckless driving in violation of section 626 before October 31, 2010 or, beginning October 31, 2010, 626(2).
(b) Any combination of 2 or more convictions within 7 years for any of the following:
(i) A felony in which a motor vehicle was used.
(ii) A violation or attempted violation of section 601b(2) or (3), section 601c(1), or (2), or (3), section 602a(4) or (5), section 617, section 653a(3) or (4), or section 904(4) or (5).
(iii) Negligent homicide, manslaughter, or murder that results from the operation of a vehicle or an attempt to commit any of those crimes.
(iv) A violation or attempted violation of section 479a(4) or (5) of the Michigan penal code, 1931 PA 328, MCL 750.479a.
(c) Any combination of 2 convictions within 7 years for any of the following or a combination of 1 conviction for a violation or attempted violation of section 625(6) and 1 conviction for any of the following within 7 years:
(i) A violation or attempted violation of section 625, except a
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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) A violation or attempted violation of section 625m.
(iii) A violation or attempted violation of former section 625b.
(d) One conviction for a violation or attempted violation of section 315(5), section 601b(3), section 601c(2), 601c(3), section 602a(4) or (5), section 617, section 625(4) or (5), section 653a(4), section 904(4) or (5), or, beginning October 31, 2010, section 626(3) or (4).
(e) One conviction of negligent homicide, manslaughter, or murder that results from the operation of a vehicle or an attempt to commit any of those crimes.
(f) One conviction for a violation or attempted violation of section 479a(4) or (5) of the Michigan penal code, 1931 PA 328, MCL 750.479a.
(g) Any combination of 3 convictions within 10 years for any of the following or 1 conviction for a violation or attempted violation of section 625(6) and any combination of 2 convictions for any of the following within 10 years, if any of the convictions resulted from an arrest on or after January 1, 1992:
(i) A violation or attempted violation of 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
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liquor and a controlled substance, or while visibly impaired, or with an unlawful bodily alcohol content.
(ii) A violation or attempted violation of section 625m.
(iii) A violation or attempted violation of former section 625b.
(3) The secretary of state shall revoke a license under subsection (2) notwithstanding a court order unless the court order complies with section 323.
(4) Except as otherwise provided under section 304, the secretary of state shall not issue a license under this act to an individual whose license has been revoked under this act or revoked and denied under subsection (2) until all of the following occur, as applicable:
(a) The later of the following:
(i) The expiration of not less than 1 year after the license was revoked or denied.
(ii) The expiration of not less than 5 years after the date of a subsequent revocation or denial occurring within 7 years after the date of any prior revocation or denial.
(b) For a denial under subsection (2)(a), (b), (c), and (g), the individual rebuts by clear and convincing evidence the presumption that results from the prima facie evidence that he or she the individual is a habitual offender. The convictions that resulted in the revocation and denial constitute prima facie evidence that he or she the individual is a habitual offender.
(c) The individual meets the requirements of the department.
(5) The secretary of state shall deny issuing a vehicle group designation to an individual under either of the following circumstances:
(a) The individual has been disqualified by the United States
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Secretary of Transportation from operating a commercial motor vehicle.
(b) Beginning on and after January 30, 2012, the individual does not meet the requirements of the federal regulations under 49 CFR parts 383 and 391 by refusing to certify the type of commercial motor vehicle operation the individual intends to perform and, if required, fails to present to the secretary of state a valid medical certification.
(6) Multiple convictions or civil infraction determinations that result from the same incident must be treated as a single violation for purposes of denial or revocation of a license under this section.
(7) As used in this section, "felony in which a motor vehicle was used" means a felony during the commission of which the individual operated a motor vehicle and while operating the vehicle presented real or potential harm to individuals or property and 1 or more of the following circumstances existed:
(a) The vehicle was used as an instrument of the felony.
(b) The vehicle was used to transport a victim of the felony.
(c) The vehicle was used to flee the scene of the felony.
(d) The vehicle was necessary for the commission of the felony.
Sec. 320a. (1) Within 5 days after receipt of a properly prepared abstract from a court of this state or another state, the secretary of state shall record the date of conviction, civil infraction determination, or probate court disposition, and the number of points for each, based on the following formula, except as otherwise provided in this section and section 629c:
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(a) Manslaughter, negligent homicide, or a felony resulting from the operation of a motor vehicle, ORV, or snowmobile.............................................. |
6 points |
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(b) A violation of section 601b(2) or (3), 601c(1), (2), or (2), (3), or 653a(3) or (4) or, beginning October 31, 2010, a violation of section 601d................................................... |
6 points |
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(c) A violation of section 625(1), (4), (5), (7), or (8), section 81134 or 82127(1) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.81134 and 324.82127, or a law or ordinance substantially corresponding to section 625(1), (4), (5), (7), or (8), or section 81134 or 82127(1) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.81134 and 324.82127............................. |
6 points |
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(d) Failing to stop and disclose identity at the scene of an accident when required by law............... |
6 points |
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(e) Operating a motor vehicle in violation of section 626.................................................... |
6 points |
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(f) Fleeing or eluding an officer.................. |
6 points |
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(g) A violation of section 627(6) pertaining to speed in a work zone described in that section by exceeding the lawful maximum by more than 15 miles per hour.................................................... |
5 points |
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(h) A violation of any law or ordinance pertaining to speed by exceeding the lawful maximum by more than 15 miles per hour.......................................... |
4 points |
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(i) A violation of section 625(3) or (6), section 82127(3) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.82127, or a law or ordinance substantially corresponding to section 625(3) or (6) or section 82127(3) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.82127................................................ |
4 points |
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(j) A violation of section 626a or a law or ordinance substantially corresponding to section 626a..................................................... |
4 points |
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(k) A violation of section 627(6) pertaining to speed in a work zone described in that section by exceeding the lawful maximum by more than 10 but not more than 15 miles per hour................................................ |
4 points |
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(l) Beginning October 31, 2010, a moving violation resulting in an at-fault collision with another vehicle, an individual, or any other object...................... |
4 points |
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(m) Careless driving in violation of section 626b or a law or ordinance substantially corresponding to section 626b.................................................... |
3 points |
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(n) A violation of any law or ordinance pertaining to speed by exceeding the lawful maximum by more than 10 miles per hour but not more than 15 miles per hour...... |
3 points |
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(o) A violation of section 653a(2)................. |
2 points |
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(p) A violation of any law or ordinance pertaining to speed by exceeding the lawful maximum by more than 5 miles per hour but not more than 10 miles per hour............. |
2 points |
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(q) A violation of any law or ordinance pertaining to speed by exceeding the lawful maximum by more than 1 mile per hour but not more than 5 miles per hour........... |
1 point |
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(r) Disobeying a traffic signal or stop sign, or improper passing........................................ |
3 points |
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(s) A violation of section 624a, 624b, or a law or ordinance substantially corresponding to section 624a or 624b.................................................... |
2 points |
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(t) A violation of section 310e(4) or (6) or a law or ordinance substantially corresponding to section 310e(4) or (6)................................................ |
2 points |
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(u) All other moving violations pertaining to the operation of motor vehicles reported under this section................................................. |
2 points |
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(v) A refusal by an individual less than 21 years of age to submit to a preliminary breath test required by a peace officer under section 625a........................ |
2 points |
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(w) A violation of section 627(6) pertaining to speed in a work zone described in that section by exceeding the lawful maximum by 10 miles per hour or less............. |
3 points |
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(x) A third or subsequent violation of section 602b.................................................... |
2 points |
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(y) A second violation of section 602b.............. |
1 point |
(2) Points must not be entered for a violation of section 310e(14), 311, 602c, 625m, 658, 710d, 717, 719, 719a, or 723.
(3) Points must not be entered for bond forfeitures.
(4) Points must not be entered for overweight loads or for defective equipment.
(5) If more than 1 conviction, civil infraction determination,
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or probate court disposition results from the same incident, points must be entered only for the violation that receives the highest number of points under this section.
(6) If an individual has accumulated 9 points as provided in this section, the secretary of state may call the individual in for an interview as to the individual's driving ability and record after due notice as to time and place of the interview. If the individual fails to appear as provided in this subsection, the secretary of state shall add 3 points to the individual's record.
(7) If an individual violates a speed restriction established by an executive order issued during a state of energy emergency as provided by 1982 PA 191, MCL 10.81 to 10.89, the secretary of state shall enter points for the violation under subsection (1).
(8) The secretary of state shall enter 6 points upon the record of an individual whose license is suspended or denied under section 625f. However, if a conviction, civil infraction determination, or probate court disposition results from the same incident, additional points for that offense must not be entered.
(9) If a Michigan driver commits a violation in another state that would be a civil infraction if committed in this state, and a conviction results solely because of the failure of the Michigan driver to appear in that state to contest the violation, upon receipt of the abstract of conviction by the secretary of state, the violation must be noted on the Michigan driver's record, but points must not be assessed against the Michigan driver license.
Sec. 601c. (1) A person An individual who commits a moving violation that has criminal penalties and as a result causes injury to a person vulnerable roadway user or individual operating an implement of husbandry on a highway in compliance with this act is
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guilty of a misdemeanor punishable by imprisonment for not more than 1 year or a fine of not more than $1,000.00, or both.
(2) An individual who commits a moving violation and as a result causes a serious injury requiring inpatient treatment at a hospital or post-acute rehabilitation facility to a vulnerable roadway user or individual operating an implement of husbandry on a highway in compliance with this act is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $5,000.00, or both.
(3) (2) A person An individual who commits a moving violation that has criminal penalties and as a result causes death to a person vulnerable roadway user or individual operating an implement of husbandry on a highway in compliance with this act is guilty of a felony punishable by imprisonment for not more than 15 years or a fine of not more than $7,500.00, or both.
(4) This section does not prohibit an individual from being charged with, convicted of, or punished for a violation of any other law committed by the individual while violating this section, except for a violation of section 626(4).
(5) (3) As used in this section: , "moving
(a) "Hospital" means that term as defined in section 20106 of the public health code, 1978 PA 368, MCL 333.20106.
(b) "Moving violation" means an act or omission prohibited under this act or a local ordinance substantially corresponding to this act that occurs while a person an individual is operating a motor vehicle, and for which the person individual is subject to a fine.
(c) "Serious injury" means that term as defined in section 602a.
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Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 102nd Legislature are enacted into law:
(a) Senate Bill No. 618.
(b) Senate Bill No.____ or House Bill No.____ (request no. 02548'23).
(c) Senate Bill No.____ or House Bill No.____ (request no. 02549'23).
