Bill Text: MI HB5854 | 2019-2020 | 100th Legislature | Engrossed
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-Engrossed.html
Substitute For
HOUSE BILL NO. 5854
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, and by adding section 83; and to repeal acts and parts of acts.
the people of the state of michigan enact:
Sec. 83. "Specialty court
program" means a program under any of the following:
(a)
A drug treatment court, as that term is defined in section 1060 of the revised
judicature act of 1961, 1961 PA 236, MCL 600.1060, in which the participant is
an adult.
(b)
A DWI/sobriety court, as that term is defined in section 1084 of the revised
judicature act of 1961, 1961 PA 236, MCL 600.1084.
(c)
A hybrid of the programs under subdivisions (a) and (b).
(d)
A mental health court, as that term is defined in section 1090 of the revised
judicature act of 1961, 1961 PA 236, MCL 600.1090.
(e)
A veterans treatment court, as that term is defined in section 1200 of the
revised judicature act of 1961, 1961 PA 236, MCL 600.1200.
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 term of
imprisonment imposed under subparagraph (ii)(A) or (B) must not be suspended unless the 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 unless the defendant agrees to participate in
a specialty court program and successfully completes the program.
(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.
(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 last 3
years preceding before operating
the vehicle, is guilty of a misdemeanor , and upon conviction shall be punished by imprisonment punishable by imprisonment for not more than 90 days, or
by a fine of not less than $50.00 nor or more than $100.00, or both. Any person convicted of a
second offense under this section shall be punished by
imprisonment is guilty of a misdemeanor punishable
by imprisonment for not less than 2 nor more
than 90 days, or by a fine of $100.00, or both.
Sec. 905. (1) 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 under 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 conviction shall be fined punishable by a fine of not less than $100.00 nor or more than
$1,000.00, or imprisoned imprisonment
for not more than 90 days, or both.
(2) 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 be punished by a
fine of under this act, is guilty of a misdemeanor
punishable by a fine of not more than $500.00 and
by or imprisonment for a period of not less than 2 days nor for not more than
1 year, or by both. such fine and imprisonment.
Enacting section 1. Section 905 of the Michigan vehicle code, 1949 PA 300, MCL 257.905[1], is repealed.
