Bill Text: MI HB5602 | 2015-2016 | 98th Legislature | Introduced

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Bill Title: Traffic control; driver license; operating a motor vehicle without valid driver license; increase penalties and require police officers to take certain actions. Amends secs. 904 & 904a of 1949 PA 300 (MCL 257.904 & 257.904a).

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2016-09-13 - Referred To Second Reading [HB5602 Detail]

Download: Michigan-2015-HB5602-Introduced.html

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HOUSE BILL No. 5602

April 26, 2016, 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 904 and 904a (MCL 257.904 and 257.904a),

 

section 904 as amended by 2015 PA 11 and section 904a as amended by

 

1985 PA 53.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 904. (1) A person whose operator's or chauffeur's license

 

or registration certificate has been suspended or revoked, whose

 

application for license has been denied, or who has never applied

 

for a license, shall not operate a motor vehicle upon a highway or

 

other place open to the general public or generally accessible to

 

motor vehicles, including an area designated for the parking of

 

motor vehicles, within this state. Except as otherwise provided in

 

this subsection, a police officer who stops a person and determines

 

the person is operating a motor vehicle in violation of this

 

subsection shall do all of the following:

 

     (a) Confiscate the motor vehicle's registration plate and

 

destroy it.

 

     (b) Impound the motor vehicle. The owner of a motor vehicle

 

impounded under this subdivision is liable for the expenses

 

incurred in the removal and storage of the motor vehicle whether or

 

not it is returned to him or her. The motor vehicle shall be

 

returned to the owner only if the owner pays the expenses of

 

removal and storage. If the expenses of removal and storage are not

 

paid or the vehicle is not returned as described under this

 

subdivision, it shall be considered an abandoned vehicle and

 

disposed of under section 252a.

 

     (c) Notify the secretary of state through the law enforcement

 

information network in a form prescribed by the secretary of state

 

that the registration plate was confiscated and destroyed, and that

 

the motor vehicle was impounded.

 

     (d) If the person operating the motor vehicle in violation of

 

this subsection is not the owner of the motor vehicle, the police

 

officer shall impound the motor vehicle under subdivision (b) but

 

shall neither confiscate and destroy the motor vehicle's

 

registration plate under subdivision (a) nor notify the secretary

 

of state as described in subdivision (c).

 

     (2) A person shall not knowingly permit a motor vehicle owned

 

by the person to be operated upon a highway or other place open to

 

the general public or generally accessible to motor vehicles,

 

including an area designated for the parking of vehicles, within

this state by a person whose license or registration certificate is

 

suspended or revoked, whose application for license has been

 

denied, or who has never applied for a license, except as permitted

 

under this act.

 

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

 

violates subsection (1) or (2) is guilty of a misdemeanor

 

punishable as follows:

 

     (a) For a first violation, by imprisonment for not more than

 

93 days 1 year or a fine of not more than $500.00, or both. Unless

 

the vehicle was stolen or used with the permission of a person who

 

did not knowingly permit an unlicensed driver to operate the

 

vehicle, the registration plates of the vehicle shall be canceled

 

by the secretary of state upon notification by a peace officer.

 

     (b) For a violation that occurs after a prior conviction, by

 

imprisonment for not more than 1 year or a fine of not more than

 

$1,000.00, or both. Unless the vehicle was stolen, the registration

 

plates of the vehicle shall be canceled by the secretary of state

 

upon notification by a peace officer.

 

     (4) A person who operates a motor vehicle in violation of

 

subsection (1) and who, by operation of that motor vehicle, causes

 

the death of another person is guilty of a felony punishable by

 

imprisonment for not more than 15 years or a fine of not less than

 

$2,500.00 or more than $10,000.00, or both. This subsection does

 

not apply to a person whose operator's or chauffeur's license was

 

suspended because that person failed to answer a citation or comply

 

with an order or judgment under section 321a.

 

     (5) A person who operates a motor vehicle in violation of

subsection (1) and who, by operation of that motor vehicle, causes

 

the serious impairment of a body function of another person is

 

guilty of a felony punishable by imprisonment for not more than 5

 

years or a fine of not less than $1,000.00 or more than $5,000.00,

 

or both. This subsection does not apply to a person whose

 

operator's or chauffeur's license was suspended because that person

 

failed to answer a citation or comply with an order or judgment

 

under section 321a.

 

     (6) In addition to being subject to any other penalty provided

 

for in this act, if a person is convicted under subsection (4) or

 

(5), the court may impose the sanction permitted under section

 

625n. If the vehicle is not ordered forfeited under section 625n,

 

the court shall order vehicle immobilization under section 904d in

 

the judgment of sentence.

 

     (7) A person shall not knowingly permit a motor vehicle owned

 

by the person to be operated upon a highway or other place open to

 

the general public or generally accessible to motor vehicles,

 

including an area designated for the parking of vehicles, within

 

this state, by a person whose license or registration certificate

 

is suspended or revoked, whose application for license has been

 

denied, or who has never been licensed except as permitted by this

 

act. If a person permitted to operate a motor vehicle in violation

 

of this subsection (2) causes the serious impairment of a body

 

function of another person by operation of that motor vehicle, the

 

person knowingly permitting the operation of that motor vehicle is

 

guilty of a felony punishable by imprisonment for not more than 2

 

years, or a fine of not less than $1,000.00 or more than $5,000.00,

or both. If a person permitted to operate a motor vehicle in

 

violation of this subsection (2) causes the death of another person

 

by operation of that motor vehicle, the person knowingly permitting

 

the operation of that motor vehicle is guilty of a felony

 

punishable by imprisonment for not more than 5 years, or a fine of

 

not less than $1,000.00 or more than $5,000.00, or both.

 

     (8) If the prosecuting attorney intends to seek an enhanced

 

sentence under this section based upon the defendant having 1 or

 

more prior convictions, the prosecuting attorney shall include on

 

the complaint and information, or an amended complaint and

 

information, filed in district court, circuit court, municipal

 

court, or family division of circuit court, a statement listing the

 

defendant's prior convictions.

 

     (9) A prior conviction under this section shall be established

 

at or before sentencing by 1 or more of the following:

 

     (a) A copy of a judgment of conviction.

 

     (b) An abstract of conviction.

 

     (c) A transcript of a prior trial, plea, or sentencing.

 

     (d) A copy of a court register of action.

 

     (e) A copy of the defendant's driving record.

 

     (f) Information contained in a presentence report.

 

     (g) An admission by the defendant.

 

     (10) Upon receiving a record of a person's conviction or civil

 

infraction determination for the unlawful operation of a motor

 

vehicle or a moving violation reportable under section 732 while

 

the person's operator's or chauffeur's license is suspended or

 

revoked, the secretary of state immediately shall impose an

additional like period of suspension or revocation. This subsection

 

applies only if the violation occurs during a suspension of

 

definite length or if the violation occurs before the person is

 

approved for a license following a revocation.

 

     (11) Upon receiving a record of a person's conviction or civil

 

infraction determination for the unlawful operation of a motor

 

vehicle or a moving violation reportable under section 732 while

 

the person's operator's or chauffeur's license is indefinitely

 

suspended or whose application for a license has been denied, the

 

secretary of state immediately shall impose a 30-day period of

 

suspension or denial.

 

     (12) Upon receiving a record of the conviction, bond

 

forfeiture, or a civil infraction determination of a person for

 

unlawful operation of a motor vehicle requiring a vehicle group

 

designation while the designation is suspended or revoked under

 

section 319b, or while the person is disqualified from operating a

 

commercial motor vehicle by the United States Secretary of

 

Transportation or under 49 USC 31301 to 31317, the secretary of

 

state immediately shall impose an additional like period of

 

suspension or revocation. This subsection applies only if the

 

violation occurs during a suspension of definite length or if the

 

violation occurs before the person is approved for a license

 

following a revocation.

 

     (13) If the secretary of state receives records of more than 1

 

conviction or civil infraction determination resulting from the

 

same incident, all of the convictions or civil infraction

 

determinations shall be treated as a single violation for purposes

of imposing an additional period of suspension or revocation under

 

subsection (10), (11), or (12).

 

     (14) Before a person is arraigned before a district court

 

magistrate or judge on a charge of violating this section, the

 

arresting officer shall obtain the person's driving record from the

 

secretary of state and shall furnish the record to the court. The

 

driving record of the person may be obtained from the secretary of

 

state's computer information network.

 

     (15) This section does not apply to a person who operates a

 

vehicle solely for the purpose of protecting human life or property

 

if the life or property is endangered and summoning prompt aid is

 

essential.

 

     (16) A person whose vehicle group designation is suspended or

 

revoked and who has been notified as provided in section 212 of

 

that suspension or revocation, or whose application for a vehicle

 

group designation has been denied as provided in this act, or who

 

has never applied for a vehicle group designation and who operates

 

a commercial motor vehicle within this state, except as permitted

 

under this act, while any of those conditions exist is guilty of a

 

misdemeanor punishable, except as otherwise provided in this

 

section, by imprisonment for not less than 3 days or more than 93

 

days or a fine of not more than $100.00, or both.

 

     (17) If a person has a second or subsequent suspension or

 

revocation under this section within 7 years as indicated on the

 

person's Michigan driving record, the court shall proceed as

 

provided in section 904d.

 

     (18) Any period of suspension or revocation required under

subsection (10), (11), or (12) does not apply to a person who has

 

only 1 currently effective suspension or denial on his or her

 

Michigan driving record under section 321a and was convicted of or

 

received a civil infraction determination for a violation that

 

occurred during that suspension or denial. This subsection may only

 

be applied once during the person's lifetime.

 

     (19) For purposes of this section, a person who never applied

 

for a license includes a person who applied for a license, was

 

denied, and never applied again.

 

     Sec. 904a. (1) Any person, not exempt from the license

 

requirements under this act, who shall operate operates a motor

 

vehicle upon the highways of this state, and who upon the request

 

of a police officer is unable to show produce evidence that he or

 

she has been issued a license to operate a motor vehicle by any

 

state or foreign country valid within the preceding 3 years

 

preceding is guilty of a misdemeanor , and upon conviction shall be

 

punished punishable as follows:

 

     (a) For a first violation, by imprisonment for not more than

 

90 days, 1 year or by a fine of not less than $50.00 nor more than

 

$100.00, $500.00, or both. Any person convicted of a second offense

 

under this section shall be punished

 

     (b) For a second or subsequent violation, by imprisonment for

 

not less than 2 nor more than 90 days, 1 year or by a fine of

 

$100.00, not more than $1,000.00, or both.

 

     (2) Except as provided in this subsection, a police officer

 

who stops a person and determines the person is operating a motor

 

vehicle in violation of subsection (1) shall do all of the

following:

 

     (a) Confiscate the motor vehicle's registration plate and

 

destroy it.

 

     (b) Impound the motor vehicle.

 

     (c) Notify the secretary of state through the law enforcement

 

information network in a form prescribed by the secretary of state

 

that the registration plate was confiscated and destroyed, and that

 

the motor vehicle was impounded.

 

     (d) If the person operating a motor vehicle in violation of

 

subsection (1) is not the owner of the motor vehicle, the police

 

officer shall impound the motor vehicle under subdivision (b) but

 

shall neither confiscate and destroy the vehicle's registration

 

plate under subdivision (a) nor notify the secretary of state as

 

described in subdivision (c).

 

     (3) The owner of a motor vehicle impounded under subsection

 

(2)(b) is liable for the expenses incurred in the removal and

 

storage of the motor vehicle whether or not it is returned to him

 

or her. The motor vehicle shall be returned to the owner only if

 

the owner pays the expenses of removal and storage. If the expenses

 

of removal and storage are not paid or the vehicle is not returned

 

as described under this subsection, it shall be considered an

 

abandoned vehicle and disposed of under section 252a.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.