Bill Text: MI HB5854 | 2019-2020 | 100th Legislature | Introduced
Bill Title: Criminal procedure: sentencing; mandatory jail sentence for certain vehicle code violations; eliminate. Amends secs. 625, 904, 904a & 905 of 1949 PA 300 (MCL 257.625 et seq.).
Spectrum: Strong Partisan Bill (Democrat 28-2)
Status: (Passed) 2020-12-31 - Assigned Pa 383'20 [HB5854 Detail]
Download: Michigan-2019-HB5854-Introduced.html
HOUSE BILL NO. 5854
June 11, 2020, Introduced by Reps. Sneller,
Yancey, Gay-Dagnogo, Stone, Lasinski, Bolden, Hood, Brenda Carter, Tyrone
Carter, Hope, Whitsett, Sabo, Warren, Sowerby, Cambensy, Clemente,
Manoogian, Kuppa, Hoadley, Guerra, Brann, O'Malley, Brixie, Peterson,
Ellison, Wittenberg, Hammoud, Kennedy, Chirkun and Cynthia Johnson and
referred to the Committee on Judiciary.
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 625, 904, 904a, and 905 (MCL 257.625, 257.904, 257.904a, and 257.905), section 625 as amended by 2017 PA 153, section 904 as amended by 2018 PA 212, and section 904a as amended by 1985 PA 53.
the people of the state of michigan enact:
Sec. 625. (1) A person, whether licensed or not, shall
not operate a vehicle upon on 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 if the person is
operating while intoxicated. As used in this section, "operating while
intoxicated" means any of the following:
(a) The person is under
the influence of alcoholic liquor, a controlled substance, or other intoxicating
substance or a combination of alcoholic liquor, a controlled substance, or
other intoxicating substance.
(b) The person has an
alcohol content of 0.08 grams or more per 100 milliliters of blood, per 210
liters of breath, or per 67 milliliters of urine or, beginning October 1, 2021,
the person has an alcohol content of 0.10 grams or more per 100 milliliters of
blood, per 210 liters of breath, or per 67 milliliters of urine.
(c) The person has an
alcohol content of 0.17 grams or more per 100 milliliters of blood, per 210
liters of breath, or per 67 milliliters of urine.
(2) The owner of a
vehicle or a person in charge or in control of a vehicle shall not authorize or
knowingly permit the vehicle to be operated upon on 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 by a person if any of the following apply:
(a) The person is under
the influence of alcoholic liquor, a controlled substance, other intoxicating
substance, or a combination of alcoholic liquor, a controlled substance, or
other intoxicating substance.
(b) The person has an
alcohol content of 0.08 grams or more per 100 milliliters of blood, per 210
liters of breath, or per 67 milliliters of urine or, beginning October 1, 2021,
the person has an alcohol content of 0.10 grams or more per 100 milliliters of
blood, per 210 liters of breath, or per 67 milliliters of urine.
(c) The person's ability
to operate the motor vehicle is visibly impaired due to the consumption of
alcoholic liquor, a controlled substance, or other intoxicating substance, or a
combination of alcoholic liquor, a controlled substance, or other intoxicating
substance.
(3) A person, whether
licensed or not, shall not operate a vehicle upon on 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 when, due to the consumption of alcoholic liquor, a
controlled substance, or other intoxicating substance, or a combination of
alcoholic liquor, a controlled substance, or other intoxicating substance, the
person's ability to operate the vehicle is visibly impaired. If a person is
charged with violating subsection (1), a finding of guilty under this
subsection may be rendered.
(4) A person, whether
licensed or not, who operates a motor vehicle in violation of subsection (1),
(3), or (8) and by the operation of that motor vehicle causes the death of another
person is guilty of a crime as follows:
(a) Except as provided in
subdivisions (b) and (c), the 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. The judgment of sentence 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.
(b) If the violation
occurs while the person has an alcohol content of 0.17 grams or more per 100
milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine,
and within 7 years of a prior conviction, the person is guilty of a felony
punishable by imprisonment for not more than 20 years or a fine of not less
than $2,500.00 or more than $10,000.00, or both. The judgment of sentence 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.
(c) If, at the time of
the violation, the person is operating a motor vehicle in a manner proscribed
under section 653a and causes the death of a police officer, firefighter, or
other emergency response personnel, the person is guilty of a felony punishable
by imprisonment for not more than 20 years or a fine of not less than $2,500.00
or more than $10,000.00, or both. This subdivision applies regardless of
whether the person is charged with the violation of section 653a. The judgment
of sentence 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.
(5) A person, whether
licensed or not, who operates a motor vehicle in violation of subsection (1),
(3), or (8) and by the operation of that motor vehicle causes a serious
impairment of a body function of another person is guilty of a crime as
follows:
(a) Except as provided in
subdivision (b), the 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. The judgment of sentence 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.
(b) If the violation
occurs while the person has an alcohol content of 0.17 grams or more per 100
milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine,
and within 7 years of a prior conviction, the person is guilty of a felony
punishable by imprisonment for not more than 10 years or a fine of not less
than $1,000.00 or more than $5,000.00, or both. The judgment of sentence 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.
(6) A person who is less
than 21 years of age, whether licensed or not, shall not operate a vehicle upon on 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 if the person has any
bodily alcohol content. As used in this subsection, "any bodily alcohol
content" means either of the following:
(a) An alcohol content of
0.02 grams or more but less than 0.08 grams per 100 milliliters of blood, per
210 liters of breath, or per 67 milliliters of urine or, beginning October 1,
2021, the person has an alcohol content of 0.02 grams or more but less than
0.10 grams per 100 milliliters of blood, per 210 liters of breath, or per 67
milliliters of urine.
(b) Any presence of
alcohol within a person's body resulting from the consumption of alcoholic
liquor, other than consumption of alcoholic liquor as a part of a generally
recognized religious service or ceremony.
(7) A person, whether
licensed or not, is subject to the following requirements:
(a) He or she shall not
operate a vehicle in violation of subsection (1), (3), (4), (5), or (8) while
another person who is less than 16 years of age is occupying the vehicle. A
person who violates this subdivision is guilty of a crime punishable as
follows:
(i) Except as provided in subparagraph (ii), a person who violates this subdivision is guilty of a
misdemeanor and must be sentenced to pay a fine of not less than $200.00 or
more than $1,000.00 and to 1 or more of the following:
(A) Imprisonment for not less than 5 days or more than 1 year. Not less than 48 hours of this
imprisonment must be served consecutively. This term of imprisonment must not
be suspended.
(B) Community service for not less than 30 days or more than
90 days.
(ii) If the violation
occurs within 7 years of a prior conviction or after 2 or more prior
convictions, regardless of the number of years that have elapsed since any
prior conviction, a person who violates this subdivision is guilty of a felony
and must be sentenced to pay a fine of not less than $500.00 or more than
$5,000.00 and to either of the following:
(A) Imprisonment under the jurisdiction of the department of
corrections for not less than 1 year or more than 5 years.
(B) Probation with imprisonment in the county jail for not less than 30 days or more than 1 year and community service for not less than 60 days or more than 180 days. Not less than 48 hours of this imprisonment must be served
consecutively. This term of imprisonment must not be suspended.
(iii) A court may suspend the mandatory term
of imprisonment under subparagraph (ii) if a defendant
agrees to participate in a specialty court program and successfully completes
the program.
(b) He or she shall not operate a vehicle in violation of
subsection (6) while another person who is less than 16 years of age is
occupying the vehicle. A person who violates this subdivision is guilty of a
misdemeanor punishable as follows:
(i) Except as
provided in subparagraph (ii), a person who
violates this subdivision may be sentenced to 1 or more of the following:
(A) Community service for not more than 60 days.
(B) A fine of not more than $500.00.
(C) Imprisonment for not more than 93 days.
(ii) If the violation occurs
within 7 years of a prior conviction or after 2 or more prior convictions,
regardless of the number of years that have elapsed since any prior conviction,
a person who violates this subdivision must be sentenced to pay a fine of not
less than $200.00 or more than $1,000.00 and to 1 or more of the following:
(A) Imprisonment for not less than 5 days or more than 1 year. Not less than 48 hours of this
imprisonment must be served consecutively. This term of imprisonment must not
be suspended.
(B) Community service for not less than 30 days or more than
90 days.
(c) In the judgment of sentence under subdivision (a)(i) or (b)(i), the court may,
unless the vehicle is ordered forfeited under section 625n, order vehicle
immobilization as provided in section 904d. In the judgment of sentence under
subdivision (a)(ii) or (b)(ii), the court shall, unless the vehicle is ordered forfeited
under section 625n, order vehicle immobilization as provided in section 904d.
(d) This subsection does not prohibit a person from being
charged with, convicted of, or punished for a violation of subsection (4) or
(5) that is committed by the person while violating this subsection. However,
points shall not be assessed under section 320a for both a violation of
subsection (4) or (5) and a violation of this subsection for conduct arising
out of the same transaction.
(8) A person, whether licensed or not, shall not operate a
vehicle upon on 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 if
the person has in his or her body any amount of a controlled substance listed
in schedule 1 under section 7212 of the public health code, 1978 PA 368, MCL
333.7212, or a rule promulgated under that section, or of a controlled
substance described in section 7214(a)(iv) of the public
health code, 1978 PA 368, MCL 333.7214.
(9) If a person is convicted of violating subsection (1) or
(8), all of the following apply:
(a) Except as otherwise provided in subdivisions (b) and (c),
the person is guilty of a misdemeanor punishable by 1 or more of the following:
(i) Community service
for not more than 360 hours.
(ii) Imprisonment for
not more than 93 days, or, if the person is convicted of violating subsection
(1)(c), imprisonment for not more than 180 days.
(iii) A fine of not
less than $100.00 or more than $500.00, or, if the person is guilty of
violating subsection (1)(c), a fine of not less than $200.00 or more than
$700.00.
(b) If the violation occurs within 7 years of a prior
conviction, the person must be sentenced to pay a fine of not less than $200.00
or more than $1,000.00 and 1 or more of the following:
(i) Imprisonment for
not less than 5 days or more
than 1 year. Not less than
48 hours of the term of imprisonment imposed under this subparagraph must be
served consecutively.
(ii) Community service
for not less than 30 days or more than 90 days.
(c) If the violation occurs after 2 or more prior
convictions, regardless of the number of years that have elapsed since any
prior conviction, the person is guilty of a felony and must be sentenced to pay
a fine of not less than $500.00 or more than $5,000.00 and to either of the
following:
(i) Imprisonment
under the jurisdiction of the department of corrections for not less than 1 year or more than 5 years.
(ii) Probation with
imprisonment in the county jail for not less
than 30 days or more than 1 year and community service
for not less than 60 days or more than 180 days. Not less than 48 hours of the imprisonment imposed under this
subparagraph must be served consecutively.
(d) A term of imprisonment
imposed under subdivision (b) or (c) must not be suspended unless the defendant agrees to participate in a specialty court
program and successfully completes the program.
(e) In the judgment of
sentence under subdivision (a), the court may order vehicle immobilization as
provided in section 904d. In the judgment of sentence under subdivision (b) or
(c), the court shall, unless the vehicle is ordered forfeited under section
625n, order vehicle immobilization as provided in section 904d.
(f) In the judgment of
sentence under subdivision (b) or (c), the court may impose the sanction
permitted under section 625n.
(10) A person who is convicted of violating subsection (2) is
guilty of a crime as follows:
(a) Except as provided in subdivisions (b) and (c), a
misdemeanor punishable by imprisonment for not more than 93 days or a fine of
not less than $100.00 or more than $500.00, or both.
(b) If the person operating the motor vehicle violated
subsection (4), a felony punishable by imprisonment for not more than 5 years
or a fine of not less than $1,500.00 or more than $10,000.00, or both.
(c) If the person operating the motor vehicle violated
subsection (5), 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.
(11) If a person is convicted of violating subsection (3),
all of the following apply:
(a) Except as otherwise provided in subdivisions (b) and (c),
the person is guilty of a misdemeanor punishable by 1 or more of the following:
(i) Community service
for not more than 360 hours.
(ii) Imprisonment for
not more than 93 days.
(iii) A fine of not
more than $300.00.
(b) If the violation occurs within 7 years of 1 prior
conviction, the person must be sentenced to pay a fine of not less than $200.00
or more than $1,000.00, and 1 or more of the following:
(i) Imprisonment for
not less than 5 days or more
than 1 year. Not less than
48 hours of the term of imprisonment imposed under this subparagraph must be
served consecutively.
(ii) Community service
for not less than 30 days or more than 90 days.
(c) If the violation occurs after 2 or more prior
convictions, regardless of the number of years that have elapsed since any
prior conviction, the person is guilty of a felony and must be sentenced to pay
a fine of not less than $500.00 or more than $5,000.00 and either of the
following:
(i) Imprisonment
under the jurisdiction of the department of corrections for not less than 1 year or more than 5 years.
(ii) Probation with
imprisonment in the county jail for not less
than 30 days or more than 1 year and community service
for not less than 60 days or more than 180 days. Not less than 48 hours of the imprisonment imposed under this
subparagraph must be served consecutively.
(d) A term of imprisonment
imposed under subdivision (b) or (c) must not be suspended unless the defendant agrees to participate in a specialty court
program and successfully completes the program.
(e) In the judgment of
sentence under subdivision (a), the court may order vehicle immobilization as
provided in section 904d. In the judgment of sentence under subdivision (b) or
(c), the court shall, unless the vehicle is ordered forfeited under section
625n, order vehicle immobilization as provided in section 904d.
(f) In the judgment of
sentence under subdivision (b) or (c), the court may impose the sanction
permitted under section 625n.
(12) If a person is convicted of violating subsection (6),
all of the following apply:
(a) Except as otherwise provided in subdivision (b), the
person is guilty of a misdemeanor punishable by 1 or both of the following:
(i) Community service
for not more than 360 hours.
(ii) A fine of not more
than $250.00.
(b) If the violation occurs within 7 years of 1 or more prior
convictions, the person may be sentenced to 1 or more of the following:
(i) Community service
for not more than 60 days.
(ii) A fine of not
more than $500.00.
(iii) Imprisonment for
not more than 93 days.
(13) In addition to imposing the sanctions prescribed under
this section, the court may order the person to pay the costs of the
prosecution under the code of criminal procedure, 1927 PA 175, MCL 760.1 to
777.69.
(14) A person sentenced to perform community service under
this section must not receive compensation and must reimburse the state or
appropriate local unit of government for the cost of supervision incurred by
the state or local unit of government as a result of the person's activities in
that service.
(15) If the prosecuting attorney intends to seek an enhanced
sentence under this section or a sanction under section 625n based upon on 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.
(16) If a person is charged with a violation of subsection
(1), (3), (4), (5), (7), or (8) or section 625m, the court shall not permit the
defendant to enter a plea of guilty or nolo contendere to a charge of violating
subsection (6) in exchange for dismissal of the original charge. This
subsection does not prohibit the court from dismissing the charge upon on the prosecuting
attorney's motion.
(17) A prior conviction must be established at 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 or a plea-taking or
sentencing proceeding.
(d) A copy of a court register of actions.
(e) A copy of the defendant's driving record.
(f) Information contained in a presentence report.
(g) An admission by the defendant.
(18) Except as otherwise provided in subsection (20), if a
person is charged with operating a vehicle while under the influence of a
controlled substance or other intoxicating substance or a combination of alcoholic
liquor, a controlled substance, or other intoxicating substance in violation of
subsection (1) or a local ordinance substantially corresponding to subsection
(1), the court shall require the jury to return a special verdict in the form
of a written finding or, if the court convicts the person without a jury or
accepts a plea of guilty or nolo contendere, the court shall make a finding as
to whether the person was under the influence of a controlled substance or
other intoxicating substance or a combination of alcoholic liquor, a controlled
substance, or other intoxicating substance at the time of the violation.
(19) Except as otherwise provided in subsection (20), if a
person is charged with operating a vehicle while his or her ability to operate
the vehicle was visibly impaired due to his or her consumption of a controlled
substance or other intoxicating substance or a combination of alcoholic liquor,
a controlled substance, or other intoxicating substance in violation of
subsection (3) or a local ordinance substantially corresponding to subsection
(3), the court shall require the jury to return a special verdict in the form
of a written finding or, if the court convicts the person without a jury or
accepts a plea of guilty or nolo contendere, the court shall make a finding as
to whether, due to the consumption of a controlled substance or a combination
of alcoholic liquor, a controlled substance, or other intoxicating substance,
the person's ability to operate a motor vehicle was visibly impaired at the
time of the violation.
(20) A special verdict described in subsections (18) and (19)
is not required if a jury is instructed to make a finding solely as to either
of the following:
(a) Whether the defendant was under the influence of a
controlled substance or a combination of alcoholic liquor, a controlled
substance, or other intoxicating substance at the time of the violation.
(b) Whether the defendant was visibly impaired due to his or
her consumption of a controlled substance or a combination of alcoholic liquor,
a controlled substance, or other intoxicating substance at the time of the
violation.
(21) If a jury or court finds under subsection (18), (19), or
(20) that the defendant operated a motor vehicle under the influence of or
while impaired due to the consumption of a controlled substance or a
combination of a controlled substance, an alcoholic liquor, or other
intoxicating substance, the court shall do both of the following:
(a) Report the finding to the secretary of state.
(b) On a form or forms prescribed by the state court
administrator, forward to the department of state police a record that
specifies the penalties imposed by the court, including any term of
imprisonment, and any sanction imposed under section 625n or 904d.
(22) Except as otherwise provided by law, a record described
in subsection (21)(b) is a public record and the department of state police
shall retain the information contained on that record for not less than 7
years.
(23) In a prosecution for a violation of subsection (6), the
defendant bears the burden of proving that the consumption of alcoholic liquor
was a part of a generally recognized religious service or ceremony by a
preponderance of the evidence.
(24) The court may order as a condition of probation that a
person convicted of violating subsection (1) or (8), or a local ordinance
substantially corresponding to subsection (1) or (8), shall not operate a motor
vehicle unless that vehicle is equipped with an ignition interlock device
approved, certified, and installed as required under sections 625k and 625l.
(25) As used in this section:
(a) "Intoxicating substance" means any substance,
preparation, or a combination of substances and preparations other than alcohol
or a controlled substance, that is either of the following:
(i) Recognized as a
drug in any of the following publications or their supplements:
(A) The official United States Pharmacopoeia.
(B) The official Homeopathic Pharmacopoeia of the United
States.
(C) The official National Formulary.
(ii) A substance, other
than food, taken into a person's body, including, but not limited to, vapors or
fumes, that is used in a manner or for a purpose for which it was not intended,
and that may result in a condition of intoxication.
(b) "Prior conviction" means a conviction for any
of the following, whether under a law of this state, a local ordinance
substantially corresponding to a law of this state, a law of the United States
substantially corresponding to a law of this state, or a law of another state
substantially corresponding to a law of this state, subject to subsection (27):
(i) Except as
provided in subsection (26), a violation or attempted violation of any of the
following:
(A) This section, except a violation of subsection (2), or a
violation of any prior enactment of this section 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.
(B) Section 625m.
(C) Former section 625b.
(ii) Negligent
homicide, manslaughter, or murder resulting from the operation of a vehicle or
an attempt to commit any of those crimes.
(iii) Section 601d or
626(3) or (4).
(26) Except for purposes of the enhancement described in
subsection (12)(b), only 1 violation or attempted violation of subsection (6),
a local ordinance substantially corresponding to subsection (6), or a law of
another state substantially corresponding to subsection (6) may be used as a
prior conviction.
(27) If 2 or more convictions described in subsection (25)
are convictions for violations arising out of the same transaction, only 1
conviction must be used to determine whether the person has a prior conviction.
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 on 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.
(2) A person shall not knowingly permit a motor vehicle owned
by the person to be operated upon
on 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 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 on 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 on notification by a peace officer.
(4) A person who operates a motor vehicle in violation of
subsection (1) or a person whose operator's or chauffeur's license or
registration certificate has been suspended or revoked by another state who
operates a motor vehicle during the period of suspension or revocation 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) or a person whose operator's or chauffeur's license or
registration certificate has been suspended or revoked by another state who
operates a motor vehicle during the period of suspension or revocation 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
on 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 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 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 on 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) Subject to section 732a(11)(c), upon on 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 On 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 On 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. Any
person, not exempt from license under this act, who shall operate operates a motor vehicle upon on the highways of this
state and who is unable to show that he or she has been issued a license to
operate a motor vehicle by any state or foreign country valid within the 3
years preceding is guilty of a misdemeanor, and upon on conviction shall be punished by imprisonment must be imprisoned for
not more than 90 days, or by
a fine of be
fined not less than $50.00 nor more than $100.00, or both. Any
person convicted of a second offense under this section shall be punished by imprisonment must be imprisoned for
not less than 2 nor more
than 90 days, or by a fine
of be fined $100.00,
or both.
Sec. 905. Any
person who shall forge, forges or, without authority, sign signs any evidence of
ability to respond in damages as required by the secretary of state in the
administration of chapter 5 and any person who shall violate violates any provisions of chapter 5 for
which no penalty is otherwise provided, shall be is guilty of a misdemeanor and upon on conviction shall must be fined not less
than $100.00 nor more than $1,000.00, or be imprisoned not more than 90 days, or both. Any person
whose operator's or chauffeur's license or registration card or other privilege
to operate a motor vehicle has been suspended or revoked and restoration thereof or issuance
of a new license or registration is contingent upon on the furnishing of proof of financial
responsibility and who during such
the suspension
or revocation or in the absence of full authorization from the secretary of
state drives any motor vehicle upon on any
highway or knowingly permits any motor vehicle owned by such the person to be
operated by another person upon
on any
highway except as permitted hereunder
shall in this act
must be punished
by a fine of fined
not more than $500.00 and by imprisonment or be imprisoned for a period of not less than 2 days nor more
than 1 year, or by both. such fine and imprisonment.
