Bill Text: MI HB4660 | 2023-2024 | 102nd Legislature | Introduced


Bill Title: Traffic control: driver license; reference to surrendering license as condition of pretrial release and certain other references; amend to reflect changes in code of criminal procedure. Amends secs. 311 & 727 of 1949 PA 300 (MCL 257.311 & 257.727) & repeals sec. 311a of 1949 PA 300 (MCL 257.311a). TIE BAR WITH: HB 4655'23

Spectrum: Partisan Bill (Democrat 21-1)

Status: (Introduced) 2023-05-25 - Bill Electronically Reproduced 05/24/2023 [HB4660 Detail]

Download: Michigan-2023-HB4660-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL NO. 4660

May 24, 2023, Introduced by Reps. Meerman, Wilson, Price, Byrnes, Hope, Hoskins, Hood, O'Neal, Pohutsky, Grant, Weiss, Tyrone Carter, Churches, Andrews, Morse, Rheingans, Scott, McKinney, Tsernoglou, Brabec, Edwards and Young and referred to the Committee on Criminal Justice.

A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending sections 311 and 727 (MCL 257.311 and 257.727), section 311 as amended by 1983 PA 63 and section 727 as amended by 2008 PA 463; and to repeal acts and parts of acts.

the people of the state of michigan enact:

Sec. 311. The A licensee shall have his or her the licensee's operator's or chauffeur's license , or the receipt described in section 311a, in his or her the licensee's immediate possession at all times when operating a motor vehicle, and shall display the same the licensee's operator's or chauffeur's license upon demand of any police officer, who shall identify himself or herself provides identification as such.a police officer.

Sec. 727. If a person is arrested without a warrant in any of the following cases, the arrested person shall, must, without unreasonable delay, be arraigned by the magistrate who is nearest or most accessible within the judicial district as provided in section 13 of chapter IV of the code of criminal procedure, 1927 PA 175, MCL 764.13, or, if a minor, taken before the family division of circuit court within the county in which the offense charged is alleged to have been committed:

(a) The person is arrested under section 601d.

(b) The person is arrested under section 625(1), (3), (4), (5), (6), (7), or (8), or an ordinance substantially corresponding to section 625(1), (3), (6), or (8).

(c) A person is arrested under section 626 or an ordinance substantially corresponding to that section. If under the existing circumstances it does not appear that releasing the person pending the issuance of a warrant will constitute a public menace, the arresting officer may proceed as provided by section 728.

(d) A person arrested does not have in his or her the person's immediate possession a valid operator's or chauffeur's license. or the receipt described in section 311a. If the arresting officer otherwise satisfactorily determines the identity of the person and the practicability of subsequent apprehension if the person fails to voluntarily appear before a designated magistrate or the family division of circuit court as directed, the officer may release the person from custody with instructions to appear in court, given in the form of a citation as prescribed by section 728.

Enacting section 1. Section 311a of the Michigan vehicle code, 1949 PA 300, MCL 257.311a, is repealed.

Enacting section 2. This amendatory act takes effect January 1, 2025.

Enacting section 3. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 4655 (request no. 00502'23) of the 102nd Legislature is enacted into law.

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