Bill Text: MI HB4997 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Traffic control; violations; penalties for use of electronic devices while operating a vehicle; modify. Amends secs. 602b & 907 of 1949 PA 300 (MCL 257.602b & 257.907).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2015-10-20 - Printed Bill Filed 10/16/2015 [HB4997 Detail]

Download: Michigan-2015-HB4997-Introduced.html

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HOUSE BILL No. 4997

October 15, 2015, Introduced by Rep. Lucido and referred to the Committee on Criminal Justice.

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending sections 602b and 907 (MCL 257.602b and 257.907),

 

section 602b as amended by 2013 PA 231 and section 907 as amended

 

by 2015 PA 126.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 602b. (1) Except as otherwise provided in this section, a

 

person shall not read, manually type, or send a text message, or

 

handle a GPS unit or use a GPS application on a wireless 2-way

 

communication device that is located in the person's hand or in the

 

person's lap, including a wireless telephone used in cellular

 

telephone service or personal communication service, while

 

operating a motor vehicle that is moving on a highway or street in

 

this state. As used in this subsection, a wireless 2-way

 

communication device does not include a global positioning or

navigation system that is affixed to the motor vehicle. Beginning

 

October 28, 2013, this subsection does not apply to a person

 

operating a commercial vehicle.

 

     (2) Except as otherwise provided in this section, a person

 

shall not read, manually type, or send a text message, or handle a

 

GPS unit or use a GPS application on a wireless 2-way communication

 

device that is located in the person's hand or in the person's lap,

 

including a wireless telephone used in cellular telephone service

 

or personal communication service, while operating a commercial

 

motor vehicle or a school bus on a highway or street in this state.

 

As used in this subsection, a wireless 2-way communication device

 

does not include a global positioning or navigation system that is

 

affixed to the commercial motor vehicle or school bus. This

 

subsection applies beginning October 28, 2013.

 

     (3) Except as otherwise provided in this section, a person

 

shall not use a hand-held mobile telephone to conduct a voice

 

communication while operating a commercial motor vehicle or a

 

school bus on a highway, including while temporarily stationary due

 

to traffic, a traffic control device, or other momentary delays.

 

This subsection does not apply if the operator of the commercial

 

vehicle or school bus has moved the vehicle to the side of, or off,

 

a highway and has stopped in a location where the vehicle can

 

safely remain stationary. As used in this subsection, "mobile

 

telephone" does not include a 2-way radio service or citizens band

 

radio service. This subsection applies beginning October 28, 2013.

 

As used in this subsection, "use a hand-held mobile telephone"

 

means 1 or more of the following:

 

     (a) Using at least 1 hand to hold a mobile telephone to

 

conduct a voice communication.

 

     (b) Dialing or answering a mobile telephone by pressing more

 

than a single button.

 

     (c) Reaching for a mobile telephone in a manner that requires

 

a driver to maneuver so that he or she is no longer in a seated

 

driving position, restrained by a seat belt that is installed as

 

required by 49 CFR 393.93 and adjusted in accordance with the

 

vehicle manufacturer's instructions.

 

     (4) Subsections (1), (2), and (3) do not apply to an

 

individual who is using a device described in subsection (1) or (3)

 

to do any of the following:

 

     (a) Report a traffic accident, medical emergency, or serious

 

road hazard.

 

     (b) Report a situation in which the person believes his or her

 

personal safety is in jeopardy.

 

     (c) Report or avert the perpetration or potential perpetration

 

of a criminal act against the individual or another person.

 

     (d) Carry out official duties as a police officer, law

 

enforcement official, member of a paid or volunteer fire

 

department, or operator of an emergency vehicle.

 

     (e) Operate or program the operation of an automated motor

 

vehicle while testing the automated motor vehicle in compliance

 

with section 665, if that automated motor vehicle displays a

 

special plate issued under section 224(3) in the manner required

 

under section 225.

 

     (5) This section does not prohibit any of the following:

 

     (a) Use of hands-free technology, including, but not limited

 

to, Bluetooth or a verbal interaction program.

 

     (b) Use of 1 button on a wireless 2-way communication device

 

to answer an incoming call.

 

     (6) (5) An Except as otherwise provided in subsection (7), an

 

individual who violates this section is responsible for a civil

 

infraction and shall be ordered to pay a civil fine as follows:

 

     (a) For a first violation of subsection (1), $100.00.

 

     (b) For a second or subsequent violation of subsection (2) or

 

(3), $200.00.

 

     (7) An individual who commits a second or subsequent violation

 

of this section is responsible for a crime as follows:

 

     (a) For a second violation of subsection (1), the individual

 

is guilty of a misdemeanor punishable by imprisonment for not more

 

than 93 days or a fine of not more than $500.00, or both.

 

     (b) For a second violation of subsection (2) or (3), the

 

individual is guilty of a misdemeanor punishable by imprisonment

 

for not more than 93 days or a fine of not more than $1,000.00, or

 

both.

 

     (c) For a third or subsequent violation of subsection (1),

 

(2), or (3), the individual is guilty of a felony punishable by

 

imprisonment for not more than 2 years or a fine of not more than

 

$5,000.00, or both.

 

     (8) (6) This section supersedes all local ordinances

 

regulating the use of a communications device while operating a

 

motor vehicle in motion on a highway or street, except that a unit

 

of local government may adopt an ordinance or enforce an existing

 

ordinance that substantially corresponding corresponds to or is

 

more restrictive than this section. A unit of local government

 

shall not adopt an ordinance or enforce an existing ordinance that

 

is less restrictive than this section.

 

     Sec. 907. (1) A violation of this act, or a local ordinance

 

substantially corresponding to a provision of this act, that is

 

designated a civil infraction shall not be considered a lesser

 

included offense of a criminal offense.

 

     (2) If a person is determined under sections 741 to 750 to be

 

responsible or responsible "with explanation" for a civil

 

infraction under this act or a local ordinance substantially

 

corresponding to a provision of this act, the judge or district

 

court magistrate may order the person to pay a civil fine of not

 

more than $100.00 and costs as provided in subsection (4). However,

 

if the civil infraction was a moving violation that resulted in an

 

at-fault collision with another vehicle, a person, or any other

 

object, the civil fine ordered under this section shall be

 

increased by $25.00 but the total civil fine shall not exceed

 

$100.00. However, for a first violation of section 602b, 602b(1),

 

the person shall be ordered to pay costs as provided in subsection

 

(4) and a civil fine of $100.00. for a first offense and For a

 

first violation of section 602b(2) or (3), the person shall be

 

ordered to pay costs as provided in subsection (4) and a civil fine

 

of $200.00. for a second or subsequent offense. For a violation of

 

section 674(1)(s) or a local ordinance substantially corresponding

 

to section 674(1)(s), the person shall be ordered to pay costs as

 

provided in subsection (4) and a civil fine of not less than

 

$100.00 or more than $250.00. For a violation of section 676c, the

 

person shall be ordered to pay costs as provided in subsection (4)

 

and a civil fine of $1,000.00. For a violation of section 328, the

 

civil fine ordered under this subsection shall be not more than

 

$50.00. For a violation of section 710d, the civil fine ordered

 

under this subsection shall not exceed $10.00, subject to

 

subsection (12). For a violation of section 710e, the civil fine

 

and court costs ordered under this subsection shall be $25.00. For

 

a violation of section 682 or a local ordinance substantially

 

corresponding to section 682, the person shall be ordered to pay

 

costs as provided in subsection (4) and a civil fine of not less

 

than $100.00 or more than $500.00. For a violation of section 240,

 

the civil fine ordered under this subsection shall be $15.00. For a

 

violation of section 252a(1), the civil fine ordered under this

 

subsection shall be $50.00. For a violation of section 676a(3), the

 

civil fine ordered under this section shall be not more than

 

$10.00. For a first violation of section 319f(1), the civil fine

 

ordered under this section shall be not less than $2,500.00 or more

 

than $2,750.00; for a second or subsequent violation, the civil

 

fine shall be not less than $5,000.00 or more than $5,500.00. For a

 

violation of section 319g(1)(a), the civil fine ordered under this

 

section shall be not more than $10,000.00. For a violation of

 

section 319g(1)(g), the civil fine ordered under this section shall

 

be not less than $2,750.00 or more than $25,000.00. Permission may

 

be granted for payment of a civil fine and costs to be made within

 

a specified period of time or in specified installments, but unless

 

permission is included in the order or judgment, the civil fine and

 

costs shall be payable immediately.

 

     (3) Except as provided in this subsection, if a person is

 

determined to be responsible or responsible "with explanation" for

 

a civil infraction under this act or a local ordinance

 

substantially corresponding to a provision of this act while

 

driving a commercial motor vehicle, he or she shall be ordered to

 

pay costs as provided in subsection (4) and a civil fine of not

 

more than $250.00.

 

     (4) If a civil fine is ordered under subsection (2) or (3),

 

the judge or district court magistrate shall summarily tax and

 

determine the costs of the action, which are not limited to the

 

costs taxable in ordinary civil actions, and may include all

 

expenses, direct and indirect, to which the plaintiff has been put

 

in connection with the civil infraction, up to the entry of

 

judgment. Costs shall not be ordered in excess of $100.00. A civil

 

fine ordered under subsection (2) or (3) shall not be waived unless

 

costs ordered under this subsection are waived. Except as otherwise

 

provided by law, costs are payable to the general fund of the

 

plaintiff.

 

     (5) In addition to a civil fine and costs ordered under

 

subsection (2) or (3) and subsection (4) and the justice system

 

assessment ordered under subsection (13), the judge or district

 

court magistrate may order the person to attend and complete a

 

program of treatment, education, or rehabilitation.

 

     (6) A district court magistrate shall impose the sanctions

 

permitted under subsections (2), (3), and (5) only to the extent

 

expressly authorized by the chief judge or only judge of the

 

district court district.

 

     (7) Each district of the district court and each municipal

 

court may establish a schedule of civil fines, costs, and

 

assessments to be imposed for civil infractions that occur within

 

the respective district or city. If a schedule is established, it

 

shall be prominently posted and readily available for public

 

inspection. A schedule need not include all violations that are

 

designated by law or ordinance as civil infractions. A schedule may

 

exclude cases on the basis of a defendant's prior record of civil

 

infractions or traffic offenses, or a combination of civil

 

infractions and traffic offenses.

 

     (8) The state court administrator shall annually publish and

 

distribute to each district and court a recommended range of civil

 

fines and costs for first-time civil infractions. This

 

recommendation is not binding upon the courts having jurisdiction

 

over civil infractions but is intended to act as a normative guide

 

for judges and district court magistrates and a basis for public

 

evaluation of disparities in the imposition of civil fines and

 

costs throughout the state.

 

     (9) If a person has received a civil infraction citation for

 

defective safety equipment on a vehicle under section 683, the

 

court shall waive a civil fine, costs, and assessments upon receipt

 

of certification by a law enforcement agency that repair of the

 

defective equipment was made before the appearance date on the

 

citation.

 

     (10) A default in the payment of a civil fine or costs ordered

 

under subsection (2), (3), or (4) or a justice system assessment

 

ordered under subsection (13), or an installment of the fine,

 

costs, or assessment, may be collected by a means authorized for

 

the enforcement of a judgment under chapter 40 of the revised

 

judicature act of 1961, 1961 PA 236, MCL 600.4001 to 600.4065, or

 

under chapter 60 of the revised judicature act of 1961, 1961 PA

 

236, MCL 600.6001 to 600.6098.

 

     (11) If a person fails to comply with an order or judgment

 

issued under this section within the time prescribed by the court,

 

the driver's license of that person shall be suspended under

 

section 321a until full compliance with that order or judgment

 

occurs. In addition to this suspension, the court may also proceed

 

under section 908.

 

     (12) The court may waive any civil fine, cost, or assessment

 

against a person who received a civil infraction citation for a

 

violation of section 710d if the person, before the appearance date

 

on the citation, supplies the court with evidence of acquisition,

 

purchase, or rental of a child seating system meeting the

 

requirements of section 710d.

 

     (13) In addition to any civil fines or costs ordered to be

 

paid under this section, the judge or district court magistrate

 

shall order the defendant to pay a justice system assessment of

 

$40.00 for each civil infraction determination, except for a

 

parking violation or a violation for which the total fine and costs

 

imposed are $10.00 or less. Upon payment of the assessment, the

 

clerk of the court shall transmit the assessment collected to the

 

state treasury to be deposited into the justice system fund created

 

in section 181 of the revised judicature act of 1961, 1961 PA 236,

 

MCL 600.181. An assessment levied under this subsection is not a

 

civil fine for purposes of section 909.

 

     (14) If a person has received a citation for a violation of

 

section 223, the court shall waive any civil fine, costs, and

 

assessment, upon receipt of certification by a law enforcement

 

agency that the person, before the appearance date on the citation,

 

produced a valid registration certificate that was valid on the

 

date the violation of section 223 occurred.

 

     (15) If a person has received a citation for a violation of

 

section 328(1) for failing to produce a certificate of insurance

 

under section 328(2), the court may waive the fee described in

 

section 328(3)(c) and shall waive any fine, costs, and any other

 

fee or assessment otherwise authorized under this act upon receipt

 

of verification by the court that the person, before the appearance

 

date on the citation, produced valid proof of insurance that was in

 

effect at the time the violation of section 328(1) occurred.

 

Insurance obtained subsequent to the time of the violation does not

 

make the person eligible for a waiver under this subsection.

 

     (16) If a person is determined to be responsible or

 

responsible "with explanation" for a civil infraction under this

 

act or a local ordinance substantially corresponding to a provision

 

of this act and the civil infraction arises out of the ownership or

 

operation of a commercial quadricycle, he or she shall be ordered

 

to pay costs as provided in subsection (4) and a civil fine of not

 

more than $500.00.

 

     (17) As used in this section, "moving violation" means an act

 

or omission prohibited under this act or a local ordinance

 

substantially corresponding to this act that involves the operation

 

of a motor vehicle and for which a fine may be assessed.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.