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 House, April 21, 2010
HOUSE SUBSTITUTE FOR
SENATE BILL NO. 468
[A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 732, 907, and 909 (MCL 257.732, 257.907, and
257.909), section 732 as amended by 2006 PA 298, section 907 as amended
by 2008 PA 463, and section 909 as amended by 2000 PA 94.]
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 732. (1) Each municipal judge and each clerk of a court
of record shall keep a full record of every case in which a person
is charged with or cited for a violation of this act or a local
ordinance substantially corresponding to this act regulating the
operation of vehicles on highways and with those offenses
pertaining to the operation of ORVs or snowmobiles for which points
are assessed under section 320a(1)(c) or (i). Except as provided in
subsection (16), the municipal judge or clerk of the court of
record shall prepare and forward to the secretary of state an
abstract of the court record as follows:
(a) Not more than 5 days after a conviction, forfeiture of
bail, or entry of a civil infraction determination or default
judgment upon a charge of or citation for violating or attempting
to violate this act or a local ordinance substantially
corresponding to this act regulating the operation of vehicles on
highways.
(b) Immediately for each case charging a violation of section
625(1), (3), (4), (5), (6), (7), or (8) or section 625m or a local
ordinance substantially corresponding to section 625(1), (3), (6),
or (8) or section 625m in which the charge is dismissed or the
defendant is acquitted.
(c) Immediately for each case charging a violation of section
82127(1) or (3), 81134, or 81135 of the natural resources and
environmental protection act, 1994 PA 451, MCL 324.82127,
324.81134, and 324.81135, or a local ordinance substantially
corresponding to those sections.
(2) If a city or village department, bureau, or person is
authorized to accept a payment of money as a settlement for a
violation of a local ordinance substantially corresponding to this
act, the city or village department, bureau, or person shall send a
full report of each case in which a person pays any amount of money
to the city or village department, bureau, or person to the
secretary of state upon a form prescribed by the secretary of
state.
(3) The abstract or report required under this section shall
be made upon a form furnished by the secretary of state. An
abstract shall be certified by signature, stamp, or facsimile
signature of the person required to prepare the abstract as
correct. An abstract or report shall include all of the following:
(a) The name, address, and date of birth of the person charged
or cited.
(b) The number of the person's operator's or chauffeur's
license, if any.
(c) The date and nature of the violation.
(d) The type of vehicle driven at the time of the violation
and, if the vehicle is a commercial motor vehicle, that vehicle's
group designation.
(e) The date of the conviction, finding, forfeiture, judgment,
or civil infraction determination.
(f) Whether bail was forfeited.
(g) Any license restriction, suspension, or denial ordered by
the court as provided by law.
(h) The vehicle identification number and registration plate
number of all vehicles that are ordered immobilized or forfeited.
(i) Other information considered necessary to the secretary of
state.
(4) The clerk of the court also shall forward an abstract of
the court record to the secretary of state upon a person's
conviction involving any of the following:
(a) A violation of section 413, 414, or 479a of the Michigan
penal code, 1931 PA 328, MCL 750.413, 750.414, and 750.479a.
(b) A violation of section 1 of former 1931 PA 214.
(c) Negligent homicide, manslaughter, or murder resulting from
the operation of a vehicle.
(d) A violation of section 703 of the Michigan liquor control
code of 1998, 1998 PA 58, MCL 436.1703, or a local ordinance
substantially corresponding to that section.
(e) A violation of section 411a(2) of the Michigan penal code,
1931 PA 328, MCL 750.411a.
(f) A violation of motor carrier safety regulations 49 CFR
392.10 or 392.11 as adopted by section 1a of the motor carrier
safety act of 1963, 1963 PA 181, MCL 480.11a.
(g) A violation of section 57 of the pupil transportation act,
1990 PA 187, MCL 257.1857.
(h) A violation of motor carrier safety regulations 49 CFR
392.10 or 392.11 as adopted by section 31 of the motor bus
transportation act, 1982 PA 432, MCL 474.131.
(i) An attempt to violate, a conspiracy to violate, or a
violation of part 74 of the public health code, 1978 PA 368, MCL
333.7401 to 333.7461, or a local ordinance that prohibits conduct
prohibited under part 74 of the public health code, 1978 PA 368,
MCL 333.7401 to 333.7461, unless the convicted person is sentenced
to life imprisonment or a minimum term of imprisonment that exceeds
1 year for the offense.
(j) An attempt to commit an offense described in subdivisions
(a) to (h).
(k) A violation of chapter LXXXIII-A of the Michigan penal
code, 1931 PA 328, MCL 750.543a to 750.543z.
(l) A violation of section 3101, 3102(1), or 3103 of the
insurance code of 1956, 1956 PA 218, MCL 500.3101, 500.3102, and
500.3103.
(m) A violation listed as a disqualifying offense under 49 CFR
383.51.
(5) The clerk of the court shall also forward an abstract of
the court record to the secretary of state if a person has pled
guilty to, or offered a plea of admission in a juvenile proceeding
for, a violation of section 703 of the Michigan liquor control code
of 1998, 1998 PA 58, MCL 436.1703, or a local ordinance
substantially corresponding to that section, and has had further
proceedings deferred under that section. If the person is sentenced
to a term of probation and terms and conditions of probation are
fulfilled and the court discharges the individual and dismisses the
proceedings, the court shall also report the dismissal to the
secretary of state.
(6) As used in subsections (7) to (9), "felony in which a
motor vehicle was used" means a felony during the commission of
which the person operated a motor vehicle and while operating the
vehicle presented real or potential harm to persons or property and
1 or more of the following circumstances existed:
(a) The vehicle was used as an instrument of the felony.
(b) The vehicle was used to transport a victim of the felony.
(c) The vehicle was used to flee the scene of the felony.
(d) The vehicle was necessary for the commission of the
felony.
(7) If a person is charged with a felony in which a motor
vehicle was used, other than a felony specified in subsection (4)
or section 319, the prosecuting attorney shall include the
following statement on the complaint and information filed in
district or circuit court:
"You are charged with the commission of a felony in which a
motor vehicle was used. If you are convicted and the judge finds
that the conviction is for a felony in which a motor vehicle was
used, as defined in section 319 of the Michigan vehicle code, 1949
PA 300, MCL 257.319, your driver's license shall be suspended by
the secretary of state.".
(8) If a juvenile is accused of an act, the nature of which
constitutes a felony in which a motor vehicle was used, other than
a felony specified in subsection (4) or section 319, the
prosecuting attorney or family division of circuit court shall
include the following statement on the petition filed in the court:
"You are accused of an act the nature of which constitutes a
felony in which a motor vehicle was used. If the accusation is
found to be true and the judge or referee finds that the nature of
the act constitutes a felony in which a motor vehicle was used, as
defined in section 319 of the Michigan vehicle code, 1949 PA 300,
MCL 257.319, your driver's license shall be suspended by the
secretary of state.".
(9) If the court determines as part of the sentence or
disposition that the felony for which the person was convicted or
adjudicated and with respect to which notice was given under
subsection (7) or (8) is a felony in which a motor vehicle was
used, the clerk of the court shall forward an abstract of the court
record of that conviction to the secretary of state.
(10) As used in subsections (11) and (12), "felony in which a
commercial motor vehicle was used" means a felony during the
commission of which the person operated a commercial motor vehicle
and while the person was operating the vehicle 1 or more of the
following circumstances existed:
(a) The vehicle was used as an instrument of the felony.
(b) The vehicle was used to transport a victim of the felony.
(c) The vehicle was used to flee the scene of the felony.
(d) The vehicle was necessary for the commission of the
felony.
(11) If a person is charged with a felony in which a
commercial motor vehicle was used and for which a vehicle group
designation on a license is subject to suspension or revocation
under section 319b(1)(c)(iii), 319b(1)(d), 319b(1)(e)(iii), or
319b(1)(f)(i), the prosecuting attorney shall include the following
statement on the complaint and information filed in district or
circuit court:
"You are charged with the commission of a felony in which a
commercial motor vehicle was used. If you are convicted and the
judge finds that the conviction is for a felony in which a
commercial motor vehicle was used, as defined in section 319b of
the Michigan vehicle code, 1949 PA 300, MCL 257.319b, all vehicle
group designations on your driver's license shall be suspended or
revoked by the secretary of state.".
(12) If the judge determines as part of the sentence that the
felony for which the defendant was convicted and with respect to
which notice was given under subsection (11) is a felony in which a
commercial motor vehicle was used, the clerk of the court shall
forward an abstract of the court record of that conviction to the
secretary of state.
(13) Every person required to forward abstracts to the
secretary of state under this section shall certify for the period
from January 1 through June 30 and for the period from July 1
through December 31 that all abstracts required to be forwarded
during the period have been forwarded. The certification shall be
filed with the secretary of state not later than 28 days after the
end of the period covered by the certification. The certification
shall be made upon a form furnished by the secretary of state and
shall include all of the following:
(a) The name and title of the person required to forward
abstracts.
(b) The court for which the certification is filed.
(c) The time period covered by the certification.
(d) The following statement:
"I certify that all abstracts required by section 732 of the
Michigan vehicle code, MCL 257.732; MSA 9.2432, for the period
________________ through ______________ have been forwarded to the
secretary of state.".
(e) Other information the secretary of state considers
necessary.
(f) The signature of the person required to forward abstracts.
(14) The failure, refusal, or neglect of a person to comply
with this section constitutes misconduct in office and is grounds
for removal from office.
(15) Except as provided in subsection (16), the secretary of
state shall keep all abstracts received under this section at the
secretary of state's main office and the abstracts shall be open
for public inspection during the office's usual business hours.
Each abstract shall be entered upon the master driving record of
the person to whom it pertains.
(16) Except for controlled substance offenses described in
subsection (4), the court shall not submit, and the secretary of
state shall discard and not enter on the master driving record, an
abstract for a conviction or civil infraction determination for any
of the following violations:
(a) The parking or standing of a vehicle.
(b) A nonmoving violation that is not the basis for the
secretary of state's suspension, revocation, or denial of an
operator's or chauffeur's license.
(c) A violation of chapter II that is not the basis for the
secretary of state's suspension, revocation, or denial of an
operator's or chauffeur's license.
(d) A pedestrian, passenger, or bicycle violation, other than
a violation of section 703(1) or (2) of the Michigan liquor control
code of 1998, 1998 PA 58, MCL 436.1703, or a local ordinance
substantially corresponding to section 703(1) or (2) of the
Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1703, or
section 624a or 624b or a local ordinance substantially
corresponding to section 624a or 624b.
(e) A violation of section 710e or a local ordinance
substantially corresponding to section 710e.
(f) A violation of section 328(1) if, before the appearance
date on the citation, the person submits proof to the court that
the motor vehicle had insurance meeting the requirements of
sections 3101 and 3102 of the insurance code of 1956, 1956 PA 218,
MCL 500.3101 and 500.3102, at the time the citation was issued.
Insurance obtained subsequent to the time of the violation does not
make the violation an exception under this subsection.
(g) A violation described in section 319b(10)(b)(vii) if,
before the court appearance date or date fines are to be paid, the
person submits proof to the court that he or she held a valid
commercial driver license on the date the citation was issued.
(h) A violation of section 311 if the person was driving a
noncommercial vehicle and, before the court appearance date or the
date fines are to be paid, the person submits proof to the court
that he or she held a valid driver license on the date the citation
was issued.
(i) A violation of section 602b.
(17) Except as otherwise provided in this subsection, the
secretary of state shall discard and not enter on the master
driving record an abstract for a bond forfeiture that occurred
outside this state. The secretary of state shall enter on the
master driving record an abstract for a conviction as defined in
section 8a(b) that occurred outside this state in connection with
the operation of a commercial motor vehicle or for a conviction of
a person licensed as a commercial motor vehicle driver.
(18) The secretary of state shall inform the courts of this
state of the nonmoving violations and violations of chapter II that
are used by the secretary of state as the basis for the suspension,
restriction, revocation, or denial of an operator's or chauffeur's
license.
(19) If a conviction or civil infraction determination is
reversed upon appeal, the person whose conviction or determination
has been reversed may serve on the secretary of state a certified
copy of the order of reversal. The secretary of state shall enter
the order in the proper book or index in connection with the record
of the conviction or civil infraction determination.
(20) The secretary of state may permit a city or village
department, bureau, person, or court to modify the requirement as
to the time and manner of reporting a conviction, civil infraction
determination, or settlement to the secretary of state if the
modification will increase the economy and efficiency of collecting
and utilizing the records. If the permitted abstract of court
record reporting a conviction, civil infraction determination, or
settlement originates as a part of the written notice to appear,
authorized in section 728(1) or 742(1), the form of the written
notice and report shall be as prescribed by the secretary of state.
(21) Notwithstanding any other law of this state, a court
shall not take under advisement an offense committed by a person
while operating a commercial motor vehicle or by a person licensed
to drive a commercial motor vehicle while operating a noncommercial
motor vehicle at the time of the offense, for which this act
requires a conviction or civil infraction determination to be
reported to the secretary of state. A conviction or civil
infraction determination that is the subject of this subsection
shall not be masked, delayed, diverted, suspended, or suppressed by
a court. Upon a conviction or civil infraction determination, the
conviction or civil infraction determination shall immediately be
reported to the secretary of state in accordance with this section.
(22) Except as provided in this act and notwithstanding any
other provision of law, a court shall not order expunction of any
violation reportable to the secretary of state under this section.
Sec. 907. (1) A violation of this act, or a local ordinance
substantially corresponding to a provision of this act, that is
designated a civil infraction shall not be considered a lesser
included offense of a criminal offense.
(2) If a person is determined pursuant to sections 741 to 750
to be responsible or responsible "with explanation" for a civil
infraction under this act or a local ordinance substantially
corresponding to a provision of this act, the judge or district
court magistrate may order the person to pay a civil fine of not
more than $100.00 and costs as provided in subsection (4). However,
beginning October 31, 2010, if the civil infraction was a moving
violation that resulted in an at-fault collision with another
vehicle, a person, or any other object, the civil fine ordered
under this section shall be increased by $25.00 but the total civil
fine shall not exceed $100.00. However, for a violation of section
602b, the person shall be ordered to pay costs as provided in
subsection (4) and a civil fine of $100.00 for a first offense and
$200.00 for a second or subsequent offense. For a violation of
section 674(1)(s) or a local ordinance substantially corresponding
to section 674(1)(s), the person shall be ordered to pay costs as
provided in subsection (4) and a civil fine of not less than
$100.00 or more than $250.00. For a violation of section 328, the
civil fine ordered under this subsection shall be not more than
$50.00. For a violation of section 710d, the civil fine ordered
under this subsection shall not exceed $10.00. For a violation of
section 710e, the civil fine and court costs ordered under this
subsection shall be $25.00. For a violation of section 682 or a
local ordinance substantially corresponding to section 682, the
person shall be ordered to pay costs as provided in subsection (4)
and a civil fine of not less than $100.00 or more than $500.00. For
a violation of section 240, the civil fine ordered under this
subsection shall be $15.00. For a violation of section 252a(1), the
civil fine ordered under this subsection shall be $50.00. For a
violation of section 676a(3), the civil fine ordered under this
section shall be not more than $10.00. For a violation of section
319f(1), the civil fine ordered under this section shall be not
less than $1,100.00 or more than $2,750.00. For a violation of
section 319g(1)(a), the civil fine ordered under this section shall
be not more than $10,000.00. For a violation of section 319g(1)(b),
the civil fine ordered under this section shall be not less than
$2,750.00 or more than $11,000.00. Permission may be granted for
payment of a civil fine and costs to be made within a specified
period of time or in specified installments, but unless permission
is included in the order or judgment, the civil fine and costs
shall be payable immediately.
(3) Except as provided in this subsection, if a person is
determined to be responsible or responsible "with explanation" for
a civil infraction under this act or a local ordinance
substantially corresponding to a provision of this act while
driving a commercial motor vehicle, he or she shall be ordered to
pay costs as provided in subsection (4) and a civil fine of not
more than $250.00. If a person is determined to be responsible or
responsible "with explanation" for a civil infraction under section
319g or a local ordinance substantially corresponding to section
319g, that person shall be ordered to pay costs as provided in
subsection (4) and a civil fine of not more than $10,000.00.
(4) If a civil fine is ordered under subsection (2) or (3),
the judge or district court magistrate shall summarily tax and
determine the costs of the action, which are not limited to the
costs taxable in ordinary civil actions, and may include all
expenses, direct and indirect, to which the plaintiff has been put
in connection with the civil infraction, up to the entry of
judgment. Costs shall not be ordered in excess of $100.00. A civil
fine ordered under subsection (2) or (3) shall not be waived unless
costs ordered under this subsection are waived. Except as otherwise
provided by law, costs are payable to the general fund of the
plaintiff.
(5) In addition to a civil fine and costs ordered under
subsection (2) or (3) and subsection (4) and the justice system
assessment ordered under subsection (14), the judge or district
court magistrate may order the person to attend and complete a
program of treatment, education, or rehabilitation.
(6) A district court magistrate shall impose the sanctions
permitted under subsections (2), (3), and (5) only to the extent
expressly authorized by the chief judge or only judge of the
district court district.
(7) Each district of the district court and each municipal
court may establish a schedule of civil fines, costs, and
assessments to be imposed for civil infractions that occur within
the respective district or city. If a schedule is established, it
shall be prominently posted and readily available for public
inspection. A schedule need not include all violations that are
designated by law or ordinance as civil infractions. A schedule may
exclude cases on the basis of a defendant's prior record of civil
infractions or traffic offenses, or a combination of civil
infractions and traffic offenses.
(8) The state court administrator shall annually publish and
distribute to each district and court a recommended range of civil
fines and costs for first-time civil infractions. This
recommendation is not binding upon the courts having jurisdiction
over civil infractions but is intended to act as a normative guide
for judges and district court magistrates and a basis for public
evaluation of disparities in the imposition of civil fines and
costs throughout the state.
(9) If a person has received a civil infraction citation for
defective safety equipment on a vehicle under section 683, the
court shall waive a civil fine, costs, and assessments upon receipt
of certification by a law enforcement agency that repair of the
defective equipment was made before the appearance date on the
citation.
(10) A default in the payment of a civil fine or costs ordered
under subsection (2), (3), or (4) or a justice system assessment
ordered under subsection (14), or an installment of the fine,
costs, or assessment, may be collected by a means authorized for
the enforcement of a judgment under chapter 40 of the revised
judicature act of 1961, 1961 PA 236, MCL 600.4001 to 600.4065, or
under chapter 60 of the revised judicature act of 1961, 1961 PA
236, MCL 600.6001 to 600.6098.
(11) If a person fails to comply with an order or judgment
issued pursuant to this section within the time prescribed by the
court, the driver's license of that person shall be suspended
pursuant to section 321a until full compliance with that order or
judgment occurs. In addition to this suspension, the court may also
proceed under section 908.
(12) The court shall waive any civil fine, cost, or assessment
against a person who received a civil infraction citation for a
violation of section 710d if the person, before the appearance date
on the citation, supplies the court with evidence of acquisition,
purchase, or rental of a child seating system meeting the
requirements of section 710d.
(13) Until October 1, 2003, in addition to any civil fines and
costs ordered to be paid under this section, the judge or district
court magistrate shall levy an assessment of $5.00 for each civil
infraction determination, except for a parking violation or a
violation for which the total fine and costs imposed are $10.00 or
less. An assessment paid before October 1, 2003 shall be
transmitted by the clerk of the court to the state treasurer to be
deposited into the Michigan justice training fund. An assessment
ordered before October 1, 2003 but collected on or after October 1,
2003 shall be transmitted by the clerk of the court to the state
treasurer for deposit in the justice system fund created in section
181 of the revised judicature act of 1961, 1961 PA 236, MCL
600.181. An assessment levied under this subsection is not a civil
fine for purposes of section 909.
(14) Effective October 1, 2003, in addition to any civil fines
or costs ordered to be paid under this section, the judge or
district court magistrate shall order the defendant to pay a
justice system assessment of $40.00 for each civil infraction
determination, except for a parking violation or a violation for
which the total fine and costs imposed are $10.00 or less. Upon
payment of the assessment, the clerk of the court shall transmit
the assessment collected to the state treasury to be deposited into
the justice system fund created in section 181 of the revised
judicature act of 1961, 1961 PA 236, MCL 600.181. An assessment
levied under this subsection is not a civil fine for purposes of
section 909.
(15) If a person has received a citation for a violation of
section 223, the court shall waive any civil fine, costs, and
assessment, upon receipt of certification by a law enforcement
agency that the person, before the appearance date on the citation,
produced a valid registration certificate that was valid on the
date the violation of section 223 occurred.
(16) If a person has received a citation for a violation of
section 328(1) for failing to produce a certificate of insurance
pursuant to section 328(2), the court may waive the fee described
in section 328(3)(c) and shall waive any fine, costs, and any other
Senate Bill No. 468 (H-1) as amended April 21, 2010
fee or assessment otherwise authorized under this act upon receipt
of verification by the court that the person, before the appearance
date on the citation, produced valid proof of insurance that was in
effect at the time the violation of section 328(1) occurred.
Insurance obtained subsequent to the time of the violation does not
make the person eligible for a waiver under this subsection.
(17) As used in this section, "moving violation" means an act
or omission prohibited under this act or a local ordinance
substantially corresponding to this act that involves the operation
of a motor vehicle and for which a fine may be assessed.
[Sec. 909. (1) Except as provided in subsection (2) this section, a civil fine which that is ordered under section 907 for a violation of this act
or other state statute shall be exclusively applied to the support of public
libraries and county law libraries in the same manner as is provided by law for
penal fines assessed and collected for violation of a penal law of the state. A
Except as provided
in subsection (3), a civil
fine ordered for a violation of a code or ordinance of a local authority
regulating the operation of commercial motor vehicles and substantially
corresponding to a provision of this act shall be paid to the county treasurer
and shall be allocated as follows:
(a) Seventy percent to the local authority in which the citation is issued.
(b) Thirty percent for library purposes as provided by law.
(2) Subsection (1) is intended to maintain a source of revenue for public libraries which previously received penal fines for misdemeanor violations of this act which are now civil infractions.
(3) Beginning on the effective date of the amendatory act that added this subsection, a civil fine ordered for a violation of section 602b or a local ordinance substantially corresponding to section 602b shall be deposited in the general fund. This subsection is intended to offset the loss of revenue occasioned by the reduction in driver responsibility fees collected under section 732a. this subsection does not take effect unless driver responsibility fees cease being assessed under section 732a(1) and (2)(c) and (d).]
Enacting section 1. This amendatory act takes effect July 1,
2010.
Enacting section 2. This amendatory act does not take effect
unless all of the following bills of the 95th Legislature are
enacted into law:
(a) House Bill No. 4370.
(b) House Bill No. 4394.
