Bill Text: MI HB4278 | 2021-2022 | 101st Legislature | Engrossed

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Bill Title: Traffic control: driver license; penalties for operating a vehicle while sending or receiving a message on an electronic wireless device; enhance. Amends sec. 320a of 1949 PA 300 (MCL 257.320a).

Spectrum: Moderate Partisan Bill (Democrat 8-2)

Status: (Engrossed - Dead) 2022-06-30 - Referred To Committee Of The Whole [HB4278 Detail]

Download: Michigan-2021-HB4278-Engrossed.html

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Substitute For

HOUSE BILL NO. 4278

A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending section 320a (MCL 257.320a), as amended by 2018 PA 349.

the people of the state of michigan enact:

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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
(b) A violation of section 601b(2) or (3), 601c(1) or (2), or 653a(3) or (4) or, beginning October 31, 2010, a violation of section 601d......	6 points
(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
(d) Failing to stop and disclose identity at the scene of an accident when required by law......	6 points
(e) Operating a motor vehicle in violation of section 626........................................	6 points
(f) Fleeing or eluding an officer.............	6 points
(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
(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 81135 or 82127(3) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.81135 and 324.82127, or a law or ordinance substantially corresponding to section 625(3) or (6) or section 81135 or 82127(3) of the natural resources and environmental protection act, 1994 PA 451, MCL 324.81135 and 324.82127...................	4 points
(j) A violation of section 626a or a law or ordinance substantially corresponding to section 626a...............................................	4 points
(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
(l) Beginning October 31, 2010, a moving violation resulting in an at-fault collision with another vehicle, a person, an individual, or any other object.....	4 points
(m) Careless driving in violation of section 626b or a law or ordinance substantially corresponding to section 626b......................	3 points
(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
(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
(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
(r) Disobeying a traffic signal or stop sign, or improper passing................................	3 points
(s) A violation of section 624a, 624b, or a law or ordinance substantially corresponding to section 624a or 624b...............................	2 points
(t) A violation of section 310e(4) or (6) or a law or ordinance substantially corresponding to section 310e(4) or (6).............................	2 points
(u) All other moving violations pertaining to the operation of motor vehicles reported under this section............................................	2 points
(v) A refusal by a person 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
(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
(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 shall must not be entered for a violation of section 310e(14), 311, 602b(1), 602c, 625m, 658, 710d, 717, 719, 719a, or 723.

(3) Points shall must not be entered for bond forfeitures.

(4) Points shall must not be entered for overweight loads or for defective equipment.

(5) If more than 1 conviction, civil infraction determination, or probate court disposition results from the same incident, points shall must be entered only for the violation that receives the highest number of points under this section.

(6) If a person an individual has accumulated 9 points as provided in this section, the secretary of state may call the person individual in for an interview as to the person's individual's driving ability and record after due notice as to time and place of the interview. If the person individual fails to appear as provided in this subsection, the secretary of state shall add 3 points to the person's individual's record.

(7) If a person 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 a person 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 shall must not be entered.

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(9) If a Michigan driver commits a violation in another state that would be a civil infraction if committed in Michigan, 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 shall must be noted on the Michigan driver's record, but no points shall must not be assessed against his or her driver's driver license.

Enacting section 1. This amendatory act takes effect 180 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 101st Legislature are enacted into law:

(a) House Bill No. 4277.

(b) House Bill No. 4279.