Bill Text: MI SB0468 | 2009-2010 | 95th Legislature | Engrossed
Bill Title: Traffic control; violations; receiving, reading, or sending a text message while operating a motor vehicle; prohibit under certain circumstances and provide penalties. Amends sec. 732 & 907 of 1949 PA 300 (MCL 257.732 & 257.907). TIE BAR WITH: HB 4370'09, HB 4394'09
Spectrum: Partisan Bill (Republican 2-0)
Status: (Passed) 2010-05-04 - Assigned Pa 0059'10 With Immediate Effect [SB0468 Detail]
Download: Michigan-2009-SB0468-Engrossed.html
SB-0468, As Passed Senate, January 26, 2010
SUBSTITUTE FOR
SENATE BILL NO. 468
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 320a (MCL 257.320a), as amended by 2008 PA
463, and by adding section 602b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 320a. (1) Until October 1, 2005, within 10 days after
2 the receipt of a properly prepared abstract from this state or
3 another state, or, beginning October 1, 2005, within Within 5
4 days after the receipt of a properly prepared abstract from this
5 state or another state, the secretary of state shall record the
6 date of conviction, civil infraction determination, or probate
7 court disposition, and the number of points for each, based on
8 the following formula, except as otherwise provided in this
9 section and section 629c:
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1 |
(a) Manslaughter, negligent homicide, or a |
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2 |
felony resulting from the operation of a motor |
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3 |
vehicle, ORV, or snowmobile............................6 points |
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4 |
(b) A violation of section 601b(2) or (3), |
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5 |
601c(1)
or (2), |
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6 |
October 31, 2010, a violation of section 601d..........6 points |
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7 |
(c) A violation of section 625(1), (4), (5), |
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8 |
(7), or (8), section 81134 or 82127(1) of the |
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9 |
natural resources and environmental protection act, |
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10 |
1994 PA 451, MCL 324.81134 and 324.82127, or a law or |
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11 |
ordinance substantially corresponding to section |
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12 |
625(1), (4), (5), (7), or (8), or section 81134 |
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or 82127(1) of the natural resources and |
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14 |
environmental protection act, 1994 PA 451, |
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15 |
MCL 324.81134 and 324.82127............................6 points |
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16 |
(d) Failing to stop and disclose identity |
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at the scene of an accident when required by law.......6 points |
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(e) Operating a motor vehicle in violation |
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19 |
of section 626.........................................6 points |
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20 |
(f) Fleeing or eluding an officer.................6 points |
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21 |
(g) A violation of section 627(9) pertaining |
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22 |
to speed in a work zone described in that section |
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23 |
by exceeding the lawful maximum by more than |
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24 |
15 miles per hour......................................5 points |
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25 |
(h) A violation of any law other than the |
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26 |
law described in subdivision (g) or ordinance |
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27 |
pertaining to speed by exceeding the lawful |
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28 |
maximum by more than 15 miles per hour.................4 points |
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29 |
(i) A violation of section 625(3) or (6), |
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30 |
section 81135 or 82127(3) of the natural |
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31 |
resources and environmental protection act, |
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1 |
1994 PA 451, MCL 324.81135 and 324.82127, |
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2 |
or a law or ordinance substantially corresponding |
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3 |
to section 625(3) or (6) or section 81135 |
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4 |
or 82127(3) of the natural resources and |
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5 |
environmental protection act, 1994 PA 451, |
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6 |
MCL 324.81135 and 324.82127............................4 points |
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7 |
(j) A violation of section 626a or a law |
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8 |
or ordinance substantially corresponding to |
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9 |
section 626a...........................................4 points |
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10 |
(k) A violation of section 653a(2)................4 points |
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11 |
(l) A violation of section 627(9) pertaining |
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12 |
to speed in a work zone described in that section |
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13 |
by exceeding the lawful maximum by more than 10 |
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14 |
but not more than 15 miles per hour....................4 points |
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15 |
(m) |
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moving violation resulting in an at-fault |
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collision with another vehicle, a person, |
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18 |
or any other object....................................4 points |
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(n) A violation of any law other than the |
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law described in subdivision (l) or ordinance |
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pertaining to speed by exceeding the lawful |
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22 |
maximum by more than 10 but not more than 15 |
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miles per hour or careless driving in violation |
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of section 626b or a law or ordinance substantially |
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25 |
corresponding to section 626b..........................3 points |
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26 |
(o) A violation of section 627(9) pertaining |
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27 |
to speed in a work zone described in that section |
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28 |
by exceeding the lawful maximum by 10 miles per |
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29 |
hour or less...........................................3 points |
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30 |
(p) A violation of any law other than the law |
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31 |
described in subdivision (o) or ordinance |
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1 |
pertaining to speed by exceeding the lawful maximum |
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2 |
by 10 miles per hour or less...........................2 points |
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3 |
(q) Disobeying a traffic signal or stop sign, |
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4 |
or improper passing....................................3 points |
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5 |
(r) A violation of section 624a, 624b, or |
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6 |
a law or ordinance substantially corresponding to |
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7 |
section 624a or 624b...................................2 points |
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8 |
(s) A violation of section 310e(4) or (6) or |
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9 |
a law or ordinance substantially corresponding to |
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10 |
section 310e(4) or (6).................................2 points |
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11 |
(t) All other moving violations pertaining to |
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12 |
the operation of motor vehicles reported under |
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13 |
this section...........................................2 points |
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14 |
(u) A refusal by a person less than 21 years of |
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age to submit to a preliminary breath test required |
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16 |
by a peace officer under section 625a..................2 points |
17 (2) Points shall not be entered for a violation of section
18 310e(14), 311, 602b, 625m, 658, 717, 719, 719a, or 723.
19 (3) Points shall not be entered for bond forfeitures.
20 (4) Points shall not be entered for overweight loads or for
21 defective equipment.
22 (5) If more than 1 conviction, civil infraction
23 determination, or probate court disposition results from the same
24 incident, points shall be entered only for the violation that
25 receives the highest number of points under this section.
26 (6) If a person has accumulated 9 points as provided in this
27 section, the secretary of state may call the person in for an
28 interview as to the person's driving ability and record after due
1 notice as to time and place of the interview. If the person fails
2 to appear as provided in this subsection, the secretary of state
3 shall add 3 points to the person's record.
4 (7) If a person violates a speed restriction established by
5 an executive order issued during a state of energy emergency as
6 provided by 1982 PA 191, MCL 10.81 to 10.89, the secretary of
7 state shall enter points for the violation pursuant to subsection
8 (1).
9 (8) The secretary of state shall enter 6 points upon the
10 record of a person whose license is suspended or denied pursuant
11 to section 625f. However, if a conviction, civil infraction
12 determination, or probate court disposition results from the same
13 incident, additional points for that offense shall not be
14 entered.
15 (9) If a Michigan driver commits a violation in another
16 state that would be a civil infraction if committed in Michigan,
17 and a conviction results solely because of the failure of the
18 Michigan driver to appear in that state to contest the violation,
19 upon receipt of the abstract of conviction by the secretary of
20 state, the violation shall be noted on the driver's record, but
21 no points shall be assessed against his or her driver's license.
22 Sec. 602b. (1) Except as provided in this section, a person
23 shall not read, write, or send a text message on a wireless 2-way
24 communication device that is located in the person's hand or in
25 the person's lap, including a wireless telephone used in cellular
26 telephone service or personal communication service, while
27 operating a motor vehicle that is moving on a highway or street
1 in this state. As used in this subsection, a wireless 2-way
2 communication device does not include a global positioning or
3 navigation system that is affixed to the motor vehicle.
4 (2) Subsection (1) does not apply to prohibit an individual
5 from operating a cellular telephone or other communication device
6 using hands-free technology or from using a cellular telephone or
7 other communication device to do any of the following:
8 (a) Report a traffic accident, medical emergency, or serious
9 road hazard.
10 (b) Report a situation in which the person believes his or
11 her personal safety is in jeopardy.
12 (c) Report or avert the perpetration or potential
13 perpetration of a criminal act against the individual or another
14 person.
15 (d) Carry out official duties as a police officer, law
16 enforcement official, member of a paid or volunteer fire
17 department, or operator of an emergency vehicle.
18 (3) Enforcement of this section by state or local law
19 enforcement agencies shall be accomplished only as a secondary
20 action when a driver of a motor vehicle has been detained for a
21 suspected violation of another section of this act.
22 (4) This section supersedes all local ordinances regulating
23 the use of a communication device while operating a motor vehicle
24 in motion on a highway or street, except that a unit of local
25 government may adopt an ordinance or enforce an existing
26 ordinance substantially corresponding to this section.
27 (5) An individual who violates this section is responsible
1 for a civil infraction and shall be ordered to pay a fine as
2 follows:
3 (a) For a first offense, $200.00.
4 (b) For a second or subsequent offense, $500.00.
5 Enacting section 1. This amendatory act does not take effect
6 unless Senate Bill No. 402 of the 95th Legislature is enacted
7 into law.
