SENATE BILL NO. 556 April 29, 1999, Introduced by Senator VAN REGENMORTER and referred to the Committee on Judiciary. A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 204a, 219, 233, 258, 303, 310d, 321a, 323, 602a, 605, 625, 625g, 625h, 732, 904, 904c, 904d, and 904e (MCL 257.204a, 257.219, 257.233, 257.258, 257.303, 257.310d, 257.321a, 257.323, 257.602a, 257.605, 257.625, 257.625g, 257.625h, 257.732, 257.904, 257.904c, 257.904d, and 257.904e), sections 204a, 219, 233, and 323 as amended by 1998 PA 346, sections 258 and 602a as amended by 1998 PA 347, section 303 as amended by 1998 PA 351, sections 310d and 321a as amended by 1998 PA 343, section 625 as amended by 1998 PA 350, section 625g as amended by 1994 PA 450, section 625h as amended by 1996 PA 59, section 732 as amended by 1998 PA 348, section 904 as amended by 1998 PA 342, section 904c as added by 1998 PA 359, and sections 904d and 904e as added by 1998 PA 358. 01321'99 TJS 2 THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 204a. (1) The secretary of state shall create and 2 maintain a computerized central file that provides an individual, 3 historical driving record for a person, including a nonresident, 4 with respect to all of the following: 5 (a) A license issued to the person under chapter 3. 6 (b) A conviction or civil infraction determination entered 7 against the person for a violation of this act or a local ordi- 8 nance substantially corresponding to a provision of this act. 9 (c) A failure of the person to comply withan order or10judgmentA SUSPENSION issued pursuant to section907321A. 11 (d) A cancellation, denial, revocation, suspension, or 12 restriction of the person's operating privilege under this act. 13 (e) An accident in which the person is involved. 14 (f) A conviction of the person for an offense described in 15 section 319e. 16(g) A temporary registration plate, vehicle immobilization,17or vehicle forfeiture.18 (G)(h)Any other information received by the secretary of 19 state regarding the person that is required to be maintained as 20 part of the person's driving record as provided by law. 21 (2) A secretary of state certified computer-generated or 22 paper copy of an order, record, or paper maintained in the com- 23 puterized central file of the secretary of state is admissible in 24 evidence in the same manner as the original and is prima facie 25 proof of the contents of and the facts stated in the original. 01321'99 3 1 (3) An order, record, or paper generated by the computerized 2 central file of the secretary of state may be certified 3 electronically by the generating computer. The certification 4 shall be a certification of the order, record, or paper as it 5 appeared on a specific date. 6 (4) A court or the office of the clerk of a court of this 7 state which is electronically connected by a terminal device to 8 the computerized central file of the secretary of state may 9 receive into and use as evidence in any case the 10 computer-generated certified information obtained by the terminal 11 device from the file. A duly authorized employee of a court of 12 record of this state may order a record for an individual from a 13 secretary of state computer terminal device located in, and under 14 the control of, the court, and certify in writing that the docu- 15 ment was produced from the terminal and that the document was not 16 altered in any way. 17 Sec. 219. (1) The secretary of state shall refuse issuance 18 of a registration or a transfer of registration upon any of the 19 following grounds: 20 (a) The application contains a false or fraudulent state- 21 ment, the applicant has failed to furnish required information or 22 reasonable additional information requested by the secretary of 23 state, or the applicant is not entitled to the registration of 24 the vehicle under this act. 25 (b) The secretary of state has reasonable ground to believe 26 that the vehicle is a stolen or embezzled vehicle, or that the 27 granting of registration would constitute a fraud against the 01321'99 4 1 rightful owner or other person having a valid lien upon the 2 vehicle. 3 (c) The registration of the vehicle is suspended or revoked 4 for any reason provided in the motor vehicle laws of this state. 5 (d) The operator's or chauffeur's license of the owner OR 6 CO-OWNER or lessee OR CO-LESSEE is suspended, revoked, or denied 7 or the operator has never been licensed by this state at the time 8 of the application for a third or subsequent violation of 9 section 625 or 625m or a local ordinance substantially corre- 10 sponding to section 625 or 625m or a fourth or subsequent suspen- 11 sion or revocation under section 904. This subdivision takes 12 effect June 1, 2000. 13 (e) The required fee has not been paid. 14 (f) The applicant, at the time of applying for registration 15 or a transfer of registration other than a temporary registration 16 issued pursuant to section 226b, fails to present a certificate 17 of compliance or waiver for a motor vehicle as required under 18 either part 63 or part 65 of the natural resources and environ- 19 mental protection act, 1994 PA 451, MCL 324.6301 to 324.6321 and 20 324.6501 to 324.6539. 21 (g) The application for registration of a vehicle with an 22 elected gross weight of 55,000 pounds or more is not accompanied 23 with proof of payment of the federal highway use tax levied pur- 24 suant to the surface transportation assistance act of 1982, 25 Public Law 97-424, 96 Stat. 2097. 01321'99 5 1 (2) The secretary of state shall refuse issuance of a 2 certificate of title or a salvage certificate of title upon any 3 of the following grounds: 4 (a) The application contains a false or fraudulent state- 5 ment, the applicant has failed to furnish required information or 6 reasonable additional information requested by the secretary of 7 state, or the applicant is not entitled to the issuance of a cer- 8 tificate of title or salvage certificate of title under this 9 act. 10 (b) The secretary of state has reasonable ground to believe 11 that the vehicle is a stolen or embezzled vehicle or that the 12 issuance of a certificate of title or a salvage certificate of 13 title would constitute a fraud against the rightful owner or 14 other person having a valid security interest upon the vehicle. 15 (c) The required fee has not been paid. 16 (d) The operator's or chauffeur's license of the owner OR 17 CO-OWNER or lessee OR CO-LESSEE is suspended, revoked, or denied 18 or the operator has never been licensed by this state at the time 19 of the application for a third or subsequent violation of 20 section 625 or 625m or a local ordinance substantially corre- 21 sponding to section 625 or 625m or a fourth or subsequent suspen- 22 sion or revocation under section 904. This subdivision takes 23 effect June 1, 2000. 24 (3) THE SECRETARY OF STATE SHALL NOT ISSUE A REGISTRATION 25 FOR A VEHICLE FOR WHICH A TEMPORARY REGISTRATION PLATE WAS ISSUED 26 UNDER SECTION 904C UNTIL THE VIOLATION RESULTING IN THE ISSUANCE 27 OF THE PLATE IS ADJUDICATED OR THE VEHICLE IS TRANSFERRED TO A 01321'99 6 1 PERSON WHO IS SUBJECT TO PAYMENT OF A USE TAX UNDER SECTION 3 OF 2 THE USE TAX ACT, 1937 PA 94, MCL 205.93. 3 Sec. 233. (1) If the owner of a registered vehicle trans- 4 fers or assigns the title or interest in the vehicle, the regis- 5 tration plates issued for the vehicle shall be removed and trans- 6 ferred to the owner's spouse, mother, father, sister, brother, or 7 child to whom title or interest in the vehicle is transferred, or 8 retained and preserved by the owner for transfer to another vehi- 9 cle upon application and payment of the required fees. A person 10 shall not transfer the plates to a vehicle without applying for a 11 proper certificate of registration describing the vehicle to 12 which the plates are being transferred except as provided in sec- 13 tion217(2)217(4). If the owner of a registered vehicle 14 acquires another vehicle without transferring or assigning the 15 title or interest in the vehicle for which the plates were 16 issued, the owner may have the plates transferred to the subse- 17 quently acquired vehicle upon application and payment of the 18 required fees. 19 (2) A person shall not purchase or lease another vehicle or 20 an interest in another vehicle with the intent to circumvent the 21 restrictions created by immobilization of a vehicle under this 22 act. 23 (3) A person shall not transfer or attempt to transfer 24 ownership or right of possession of a vehicle subject to forfei- 25 ture or ordered forfeited under this act with the intent to avoid 26 the forfeiture of that vehicle. 01321'99 7 1 (4) During the time a vehicle is subject to a temporary 2 registration plate, vehicle forfeiture,orimmobilization, 3 REGISTRATION DENIAL, OR THE PERIOD FROM ADJUDICATION TO IMMOBILI- 4 ZATION OR FORFEITURE under this act, a person shall not without a 5 court order transfer or assign the title or an interest in the 6 vehicle to a person who is not subject to payment of a use tax 7 under section 3 of the use tax act, 1937 PA 94, MCL 205.93. 8 (5) A person who violates subsection (2), (3), or (4) is 9 guilty of a misdemeanor punishable by imprisonment for not more 10 than 1 year or a fine of not more than $1,000.00, or both. 11 (6) If the assigned holder of registration plates applies 12 for a new registration certificate, the application shall be 13 accompanied either by the old registration certificate or by a 14 certificate of title showing the person to be the assigned holder 15 of the registration plates for which the old registration certif- 16 icate had been issued. 17 (7) A person who fails or neglects to fulfill the provisions 18 of subsection (6) is guilty of a misdemeanor punishable by 19 imprisonment for not more than 93 days or a fine of not more than 20 $100.00, or both. 21 (8) The owner shall indorse on the back of the certificate 22 of title an assignment of the title with warranty of title in the 23 form printed on the certificate with a statement of all security 24 interests in the vehicle or in accessories on the vehicle and 25 deliver or cause the certificate to be mailed or delivered to the 26 purchaser or transferee at the time of the delivery to the 27 purchaser or transferee of the vehicle. The certificate shall 01321'99 8 1 show the payment or satisfaction of any security interest as 2 shown on the original title. 3 (9) Upon the delivery of a motor vehicle and the transfer, 4 sale, or assignment of the title or interest in a motor vehicle 5 by a person, including a dealer, the effective date of the trans- 6 fer of title or interest in the vehicle shall be the date of exe- 7 cution of either the application for title or the certificate of 8 title. 9 Sec. 258. (1) The secretary of state may cancel, revoke, or 10 suspend the registration of a vehicle, a certificate of title, 11 registration certificate, or registration plate if any of the 12 following apply: 13 (a) The secretary of state determines that the registration, 14 certificate of title, or plate was fraudulently or erroneously 15 issued. 16 (b) The secretary of state determines that the licensee has 17 made or is making an unlawful use of his or her registration cer- 18 tificate, plate, or certificate of title. 19 (c) A registered vehicle has been dismantled or wrecked. 20 (d) The secretary of state determines that the required fee 21 has not been paid and it is not paid upon reasonable notice or 22 demand. 23 (e) A registration certificate or registration plate is 24 knowingly displayed upon a vehicle other than the one for which 25 it was issued. 01321'99 9 1 (f) The secretary of state determines that the owner has 2 committed an offense under this act involving the registration or 3 certificate of title. 4 (g) The secretary of state is authorized to do so under this 5 act. 6(h) A court orders the secretary of state to do so as pro-7vided in section 233(4).8 (H)(i)Upon receiving notification from another state or 9 foreign country that a certificate of title issued by the secre- 10 tary of state has been surrendered by the owner in conformity 11 with the laws of that state or foreign country. 12 (I)(j)It is shown by satisfactory evidence that delivery 13 of a motor vehicle in the possession of a dealer was not made to 14 the applicant registered under this act. The money paid for reg- 15 istration and license fees may be refunded to the party who 16 applies for the refund. 17 (2) If the licensee's offense consists of hauling on the 18 registered vehicle a gross weight more than 1,000 pounds in 19 excess of the elected gross weight specified on the owners' reg- 20 istration certificate, the registration shall be canceled and the 21 vehicle shall not again be operated on the highways, roads, or 22 streets until it is registered again and new plates are issued. 23 The new registration fee shall be computed on the basis of twice 24 the difference between the original registration fee and the reg- 25 istration fee applicable to the gross weight constituting the 26 violation of the elected gross weight. One-half of the new 27 registration fee shall be a penalty. The period of the new 01321'99 10 1 registration fee shall not extend beyond the termination date of 2 the canceled registration certificate. The new registration fee 3 shall not exceed the maximum gross weight of the vehicle or com- 4 bination of vehicles as determined by the number of axles and the 5 legal weight applicable to those axles as specified by section 6 722. The gross weight of a vehicle or combination of vehicles 7 may be determined by weighing the individual axles or group of 8 axles, and the total weight on all axles is the gross vehicle 9 weight. 10 (3) Before the secretary of state makes a cancellation under 11 subsection (1)(a), (b), (e), (f), or (g), the person affected by 12 the cancellation shall be given notice and an opportunity to be 13 heard. 14 Sec. 303. (1) The secretary of state shall not issue a 15 license under this act to any of the following: 16 (a) A person, as an operator, who is less than 18 years of 17 age, except as otherwise provided in this act. 18 (b) A person, as a chauffeur, who is less than 18 years of 19 age, except as otherwise provided in this act. 20 (c) A person whose license has been suspended during the 21 period for which the license was suspended. 22 (d) A person who has been convicted of or received a juve- 23 nile disposition for a violation of section 625(4),OR (5),24or (7)OR SECTION 904(4) OR (5). 25 (e) A person who has been convicted of or received a juve- 26 nile disposition for negligent homicide, manslaughter, or murder 27 resulting from the operation of a vehicle. 01321'99 11 1 (f) A person who is an habitual violator of the criminal 2 laws relating to operating a vehicle while impaired by or under 3 the influence of intoxicating liquor, a controlled substance, or 4 a combination of intoxicating liquor and a controlled substance 5 or with an alcohol content of 0.10 grams or more per 100 millili- 6 ters of blood, per 210 liters of breath, or per 67 milliliters of 7 urine. Convictions of any of the following, whether under a law 8 of this state, a local ordinance substantially corresponding to a 9 law of this state, or a law of another state substantially corre- 10 sponding to a law of this state, are prima facie evidence that 11 the person is an habitual violator as described in this 12 subdivision: 13 (i) Any combination of 2 convictions within 7 years for any 14 of the following or a combination of 1 conviction for a violation 15 or attempted violation of section 625(6) and 1 conviction for any 16 of the following within 7 years: 17 (A) A violation or attempted violation of section 625(1), 18 (3), (4), (5), or (7) OR SECTION 904(4) OR (5). 19 (B) A violation of former section 625(1) or (2) or former 20 section 625b. 21 (C) A violation or attempted violation of section 625m. 22 (D) Negligent homicide, manslaughter, or murder resulting 23 from the operation of a vehicle or an attempt to commit any of 24 those crimes. 25 (ii) Any combination of 3 convictions within 10 years for 26 any of the following or 1 conviction for a violation or attempted 27 violation of section 625(6) and any combination of 2 convictions 01321'99 12 1 for any of the following within 10 years, if any of the 2 convictions resulted from an arrest on or after January 1, 1992: 3 (A) A violation or attempted violation of section 625(1), 4 (3), (4), (5), or (7) OR SECTION 904(4) OR (5). 5 (B) A violation of former section 625(1) or (2) or former 6 section 625b. 7 (C) A violation or attempted violation of section 625m. 8 (D) Negligent homicide, manslaughter, or murder resulting 9 from the operation of a vehicle or an attempt to commit any of 10 those crimes. 11 (g) A person who in the opinion of the secretary of state is 12 afflicted with or suffering from a physical or mental disability 13 or disease preventing that person from exercising reasonable and 14 ordinary control over a motor vehicle while operating the motor 15 vehicle upon the highways. 16 (h) A person who is unable to understand highway warning or 17 direction signs in the English language. 18 (i) A person who is an habitually reckless driver. Two con- 19 victions within 7 years of reckless driving under this act or any 20 other law of this state relating to reckless driving or under a 21 local ordinance of this state or a law of another state that 22 defines the term "reckless driving" substantially similarly to 23 the law of this state are prima facie evidence that the person is 24 an habitually reckless driver. 25 (j) A person who is an habitual criminal. Two convictions 26 of a felony in which a motor vehicle was used in this or another 01321'99 13 1 state are prima facie evidence that the person is an habitual 2 criminal. 3 (k) A person who is unable to pass a knowledge, skill, or 4 ability test administered by the secretary of state in connection 5 with the issuance of an original operator's or chauffeur's 6 license, original motorcycle indorsement, or an original or 7 renewal of a vehicle group designation or vehicle indorsement. 8 (l) A person who has been convicted of, has received a juve- 9 nile disposition for, or has been determined responsible for 2 or 10 more moving violations under a law of this state, a local ordi- 11 nance substantially corresponding to a law of this state, or a 12 law of another state substantially corresponding to a law of this 13 state within the preceding 3 years, if the violations occurred 14 before issuance of an original license to the person in this or 15 another state. 16 (m) A nonresident including a foreign exchange student. 17 (n) A person who has failed to answer a citation or notice 18 to appear in court or for any matter pending or fails to comply 19 with an order or judgment of the court, including, but not 20 limited to, paying all fines, costs, fees, and assessments, in 21 violation of section 321a, until that person answers the citation 22 or notice to appear in court or for any matter pending or com- 23 plies with an order or judgment of the court, including, but not 24 limited to, paying all fines, costs, fees, and assessments, as 25 provided under section 321a. 26 (o) A person not licensed under this act who has been 27 convicted of, has received a juvenile disposition for, or has 01321'99 14 1 been determined responsible for a crime or civil infraction 2 described in section 319, 324, or 904. A person shall be denied 3 a license under this subdivision for the length of time corre- 4 sponding to the period of the licensing sanction that would have 5 been imposed under section 319, 324, or 904 if the person had 6 been licensed at the time of the violation. 7 (p) A person not licensed under this act who has been con- 8 victed of or received a juvenile disposition for committing a 9 crime described in section 319e. A person shall be denied a 10 license under this subdivision for the length of time that corre- 11 sponds to the period of the licensing sanction that would have 12 been imposed under section 319e if the person had been licensed 13 at the time of the violation. 14 (q) A person not licensed under this act who is determined 15 to have violated section 33b(1) of former 1933 (Ex Sess) PA 8, 16 section 703(1) of the Michigan liquor control code of 1998, 1998 17 PA 58, MCL 436.1703, or section 624a or 624b of this act. The 18 person shall be denied a license under this subdivision for a 19 period of time that corresponds to the period of the licensing 20 sanction that would have been imposed under those sections had 21 the person been licensed at the time of the violation. 22 (r) A person who has been convicted of a violation of sec- 23 tion 602a(4) or (5) of this act or a violation of section 479a(4) 24 or (5) of the Michigan penal code, 1931 PA 328, MCL 750.479a. 25 (2) Upon receiving the appropriate records of conviction, 26 the secretary of state shall revoke the operator's or chauffeur's 27 license of a person having any of the following, whether under a 01321'99 15 1 law of this state, a local ordinance substantially corresponding 2 to a law of this state, or a law of another state substantially 3 corresponding to a law of this state: 4 (a) Two convictions of reckless driving in violation of sec- 5 tion 626 within 7 years. 6 (b) Two convictions of a felony in which a motor vehicle was 7 used within 7 years. 8 (c) Any combination of 2 convictions within 7 years for any 9 of the following or a combination of 1 conviction for a violation 10 or attempted violation of section 625(6) and 1 conviction for any 11 of the following within 7 years: 12 (i) A violation or attempted violation of section 625(1), 13 (3), (4), (5), or (7) OR SECTION 904(4) OR (5). 14 (ii) A violation of former section 625(1) or (2) or former 15 section 625b. 16 (iii) A violation or attempted violation of section 625m. 17 (iv) Negligent homicide, manslaughter, or murder resulting 18 from the operation of a vehicle or an attempt to commit any of 19 those crimes. 20 (d) One conviction for a violation or attempted violation of 21 section 625(4) or (5) OR SECTION 904(4) OR (5). 22 (e) One conviction of negligent homicide, manslaughter, or 23 murder resulting from the operation of a vehicle or an attempt to 24 commit any of those crimes. 25 (f) Any combination of 3 convictions within 10 years for any 26 of the following or 1 conviction for a violation or attempted 27 violation of section 625(6) and any combination of 2 convictions 01321'99 16 1 for any of the following within 10 years, if any of the 2 convictions resulted from an arrest on or after January 1, 1992: 3 (i) A violation or attempted violation of section 625(1), 4 (3), (4), (5), or (7) OR SECTION 904(4) OR (5). 5 (ii) A violation of former section 625(1) or (2) or former 6 section 625b. 7 (iii) A violation or attempted violation of section 625m. 8 (iv) Negligent homicide, manslaughter, or murder resulting 9 from the operation of a vehicle or an attempt to commit any of 10 those crimes. 11 (g) A violation of section 602a(4) or (5) of this act or 12 section 479a(4) or (5) of the Michigan penal code, 1931 PA 328, 13 MCL 750.479a. 14 (3) The secretary of state shall revoke a license under sub- 15 section (2) notwithstanding a court order. 16 (4) The secretary of state shall not issue a license under 17 this act to a person whose license has been revoked under this 18 act or denied under subsection (1)(d), (e), (f), (i), (j), or (r) 19 until all of the following occur, as applicable: 20 (a) The later of the following: 21 (i) The expiration of not less than 1 year after the license 22 was revoked or denied. 23 (ii) The expiration of not less than 5 years after the date 24 of a subsequent revocation or denial occurring within 7 years 25 after the date of any prior revocation or denial. 26 (b) For a denial under subsection (1)(f), (i), or (j) based 27 on prima facie evidence, the person rebuts the presumption 01321'99 17 1 resulting from the prima facie evidence by clear and convincing 2 evidence. 3 (c) The person meets the requirements of the department. 4 (5) Multiple convictions or civil infraction determinations 5 resulting from the same incident shall be treated as a single 6 violation for purposes of denial or revocation of a license under 7 this section. 8 (6) As used in this section, "felony in which a motor vehi- 9 cle was used" means a felony during the commission of which the 10 person operated a motor vehicle and while operating the vehicle 11 presented real or potential harm to persons or property and 1 or 12 more of the following circumstances existed: 13 (a) The vehicle was used as an instrument of the felony. 14 (b) The vehicle was used to transport a victim of the 15 felony. 16 (c) The vehicle was used to flee the scene of the felony. 17 (d) The vehicle was necessary for the commission of the 18 felony. 19 Sec. 310d. (1) A license issued under this act to a person 20 not previously licensed in this or in another state shall be des- 21 ignated as probationary for 3 years after the date of issuance. 22 During the first 12 months of probation, the license may be sus- 23 pended or probationary terms and conditions may be imposed upon 24 failure of the licensee to appear before a magistrate, as pro- 25 vided in this chapter, or upon conviction of the licensee or 26 determination of the licensee's responsibility for a moving 27 violation in this state. The period of suspension or the 01321'99 18 1 probationary terms and conditions shall not be for more than 12 2 months and shall be determined by the secretary of state at an 3 examination of the driver by the secretary of state. 4 (2) Upon completion of the first 12 months of probation, the 5 secretary of state may require a licensee to be reexamined by the 6 secretary of state if the licensee's driving record contains any 7 of the following: 8 (a) A conviction or civil infraction determination for a 9 moving violation that was assessed 4 or more points as provided 10 in section 320a. 11 (b) Three convictions or 3 civil infraction determinations, 12 or a combination of convictions and civil infraction determina- 13 tions that equals 3, for moving violations. 14 (c) A total of 6 or more points as provided in section 15 320a. 16 (d) A conviction or civil infraction determination for a 17 moving violation and an accident for which the official police 18 report indicates the licensee had been drinking intoxicating 19 liquor. 20 (e) A conviction or civil infraction determination for a 21 moving violation and an accident for which the official police 22 report indicates a moving violation on the part of the licensee. 23 (f) Three accidents for which the official police report 24 indicates a moving violation on the part of the licensee. 25 (g) A suspension pursuant to section 625f. 26 (3) The probationary period shall be extended beyond 3 years 27 and the secretary of state may reexamine a licensee as provided 01321'99 19 1 in subsection (2) if any of the following occur and are recorded 2 on the licensee's driving record during the last 10 months of the 3 probationary period: 4 (a) A moving violation resulting in a conviction or civil 5 infraction determination. 6 (b) An accident for which the official police report indi- 7 cates a moving violation on the part of the licensee. 8 (c) An accident for which the official police report indi- 9 cates the licensee had been drinking intoxicating liquor. 10 (d) A license suspension for a reason other than a mental or 11 physical disability. 12 (4) The probationary period shall be extended pursuant to 13 subsection (3) until the licensee completes 10 consecutive months 14 without a moving violation, accident, or suspension enumerated in 15 subsection (3). 16 (5) Upon completion of a reexamination, the secretary of 17 state may suspend or impose probationary terms and conditions on 18 the license of a probationary licensee, except that a reexamina- 19 tion for subsection(4)(d)(2)(D), (e), or (f) shall not result 20 in a license suspension or the imposition of probationary terms 21 or conditions. 22 (6) For 24 months immediately after a licensee's probation- 23 ary period, the secretary of state may require the licensee to be 24 reexamined by the secretary of state if the licensee's driver 25 record has a total of 9 or more points, as provided in section 26 320a, imposed in a period of 2 years and if the licensee's record 27 contains 1 or more of the following: 01321'99 20 1 (a) A conviction for a violation of section 625(1), (3), 2 (4), (5), (6), or (7), SECTION 625M, former section 625(1) or 3 (2), or former section 625b, a local ordinance substantially cor- 4 responding to section 625(1), (3), or (6), SECTION 625M, former 5 section 625(1) or (2), or former section 625b, or a law of 6 another state substantially corresponding to section 625(1), (3), 7 (4), (5), (6), or (7), SECTION 625M, former section 625(1) or 8 (2), or former section 625b. 9 (b) A conviction for driving while visibly impaired due to 10 consumption of intoxicating liquor, a controlled substance, or a 11 combination of intoxicating liquor and a controlled substance. 12 (c) A suspension of the licensee's license pursuant to sec- 13 tion 625f. 14 (d) An accident for which the official police report indi- 15 cates a moving violation on the part of the licensee. 16 (e) An accident for which the official police report indi- 17 cates the licensee had been drinking intoxicating liquor. 18 (7) Upon completion of a reexamination under subsection (6), 19 the secretary of state may suspend the license of the licensee, 20 except that a reexamination for subsection (6)(d) or (e) shall 21 not result in a license suspension or restriction. 22 (8) If a licensee fails to appear for a reexamination sched- 23 uled by the secretary of state pursuant to this section, the 24 licensee's license may be suspended immediately and remain sus- 25 pended until the licensee appears for a reexamination by the sec- 26 retary of state. 01321'99 21 1 (9) Notice of a reexamination required under this section 2 shall be given by first-class mail to the last known address of 3 the licensee. 4 (10) For purposes of this section: 5 (a) Upon conviction for a moving violation, the date of the 6arrest for theviolation shall be used in determining whether 7 the conviction occurred within the probationary period. 8 (b) Upon entry of a civil infraction determination for a 9 moving violation, the date ofissuance of a citation for a civil10infractionTHE VIOLATION shall be used in determining whether 11 the civil infraction determination occurred within the probation- 12 ary period. 13 (c) Information of a reexamination shall not be placed on a 14 driver's record unless the secretary of state suspends a license 15 or imposes probationary terms and conditions. 16 (d) A suspension shall be considered part of a driving 17 record from the date the suspension is imposed until the suspen- 18 sion is terminated. 19 (e) The date of the official police report shall be used in 20 determining whether a licensee was driving a motor vehicle 21 involved in an accident for which the official police report 22 indicates a moving violation on the part of the licensee or indi- 23 cates the licensee had been drinking intoxicating liquor. 24 Sec. 321a. (1) A person who fails to answer a citation, or 25 a notice to appear in court for a violation reportable to the 26 secretary of state under section 732 or a local ordinance 27 substantially corresponding to a violation of a law of this state 01321'99 22 1 reportable to the secretary of state under section 732, or for 2 any matter pending, or who fails to comply with an order or judg- 3 ment of the court, including, but not limited to, paying all 4 fines, costs, fees, and assessments, is guilty of a misdemeanor 5 punishable by imprisonment for not more than 93 days or a fine of 6 not more than $100.00, or both. A violation of this subsection 7 or failure to answer a citation or notice to appear for a viola- 8 tion of section 33b(1) of former 1933 (Ex Sess) PA 8, 9 section 703(1) of the Michigan liquor control code of 1998, 1998 10 PA 58, MCL 436.1703, or a local ordinance substantially corre- 11 sponding to either of those sections shall not be considered a 12 violation for any purpose under section 320a. 13 (2) Except as provided in subsection (3), 28 days or more 14 after a person fails to answer a citation, or A notice to appear 15 in court FOR A VIOLATION REPORTABLE TO THE SECRETARY OF STATE 16 UNDER SECTION 732 OR A LOCAL ORDINANCE SUBSTANTIALLY CORRESPOND- 17 ING TO A VIOLATION OF A LAW OF THIS STATE REPORTABLE TO THE SEC- 18 RETARY OF STATE UNDER SECTION 732, or for any matter pending, or 19 fails to comply with an order or judgment of the court, includ- 20 ing, but not limited to, paying all fines, costs, fees, and 21 assessments, the court shall give notice by mail at the last 22 known address of the person that if the person fails to appear or 23 fails to comply with the order or judgment within 14 days after 24 the notice is issued, the secretary of state shall suspend the 25 person's operator's or chauffeur's license. If the person fails 26 to appear or fails to comply with the order or judgment within 27 the 14-day period, the court shall, within 14 days, inform the 01321'99 23 1 secretary of state, who shall immediately suspend the license of 2 the person. The secretary of state shall immediately notify the 3 person of the suspension by regular mail at the person's last 4 known address. 5 (3) If the person is charged with, or convicted of, a viola- 6 tion of section 625 or a local ordinance substantially corre- 7 sponding to section 625(1), (2), (3), or (6) and the person fails 8 to answer a citation or a notice to appear in court, or for any 9 matter pending, or fails to comply with an order or judgment of 10 the court, including, but not limited to, paying all fines, 11 costs, and crime victim rights assessments, the court shall imme- 12 diately give notice by first-class mail sent to the person's last 13 known address that if the person fails to appear within 7 days 14 after the notice is issued, or fails to comply with the order or 15 judgment of the court, including, but not limited to, paying all 16 fines, costs, and crime victim rights assessments, within 14 days 17 after the notice is issued, the secretary of state shall suspend 18 the person's operator's or chauffeur's license. If the person 19 fails to appear within the 7-day period, or fails to comply with 20 the order or judgment of the court, including, but not limited 21 to, paying all fines, costs, and crime victim rights assessments, 22 within the 14-day period, the court shall immediately inform the 23 secretary of state who shall immediately suspend the person's 24 operator's or chauffeur's license and notify the person of the 25 suspension by first-class mail sent to the person's last known 26 address. 01321'99 24 1 (4) If the person is charged with, or convicted of, a 2 violation of section 33b(1) of former 1933 (Ex Sess) PA 8, 3 section 703(1) of the Michigan liquor control code of 1998, 1998 4 PA 58, MCL 436.1703, section 624a, section 624b, or a local ordi- 5 nance substantially corresponding to those sections and the 6 person fails to answer a citation or a notice to appear in court 7 issued pursuant to section 33b of former 1933 (Ex Sess) PA 8, 8 section 703 of the Michigan liquor control code of 1998, 1998 9 PA 58, MCL 436.1703, section 624a, section 624b, or a local ordi- 10 nance substantially corresponding to those sections or fails to 11 comply with an order or judgment of the court issued pursuant to 12 section 33b of former 1933 (Ex Sess) PA 8, section 703 of the 13 Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1703, 14 section 624a, section 624b, or a local ordinance substantially 15 corresponding to those sections including, but not limited to, 16 paying all fines and costs, the court shall immediately give 17 notice by first-class mail sent to the person's last known 18 address that if the person fails to appear within 7 days after 19 the notice is issued, or fails to comply with the order or judg- 20 ment of the court, including, but not limited to, paying all 21 fines and costs, within 14 days after the notice is issued, the 22 secretary of state shall suspend the person's operator's or 23 chauffeur's license. If the person fails to appear within the 24 7-day period, or fails to comply with the order or judgment of 25 the court, including, but not limited to, paying all fines and 26 costs, within the 14-day period, the court shall immediately 27 inform the secretary of state who shall immediately suspend the 01321'99 25 1 person's operator's or chauffeur's license and notify the person 2 of the suspension by first-class mail sent to the person's last 3 known address. 4 (5) A suspension imposed under subsection (2) or (3) remains 5 in effect until both of the following occur: 6 (a) The secretary of state is notified by each court in 7 which the person failed to answer a citation or notice to appear 8 or failed to pay a fine or cost that the person has answered that 9 citation or notice to appear or paid that fine or cost. 10 (b) The person has paid to the court a $25.00 driver license 11 clearance fee for each failure to answer a citation or failure to 12 pay a fine or cost. 13 (6) The court shall not notify the secretary of state, and 14 the secretary of state shall not suspend the person's license, if 15 the person fails to appear in response to a citation issued for, 16 or fails to comply with an order or judgment involving 1 or more 17 of the following infractions: 18 (a) The parking or standing of a vehicle. 19 (b) A pedestrian, passenger, or bicycle violation, other 20 than a violation of section 33b(1) or (2) of former 1933 (Ex 21 Sess) PA 8, section 703(1) or (2) of the Michigan liquor control 22 code of 1998, 1998 PA 58, MCL 436.1703, section 624a or 624b, or 23 a local ordinance substantially corresponding to section 33b(1) 24 or (2) of former 1933 (Ex Sess) PA 8, section 703(1) or (2) of 25 the Michigan liquor control code of 1998, 1998 PA 58, 26 MCL 436.1703, or section 624a or 624b. 01321'99 26 1 (7) The court may notify a person who has done either of the 2 following, that if the person does not appear within 10 days 3 after the notice is issued, the court will inform the secretary 4 of state of the person's failure to appear: 5 (a) Failed to answer 2 or more parking violation notices or 6 citations for violating a provision of this act or an ordinance 7 substantially corresponding to a provision of this act pertaining 8 to parking for persons with disabilities. 9 (b) Failed to answer 6 or more parking violation notices or 10 citations regarding illegal parking. 11 (8) The secretary of state, upon being informed of the fail- 12 ure of a person to appear or comply as provided in subsection 13 (7), shall not issue a license to the person or renew a license 14 for the person until both of the following occur: 15 (a) The court informs the secretary of state that the person 16 has resolved all outstanding matters regarding the notices or 17 citations. 18 (b) The person has paid to the court a $25.00 driver license 19 clearance fee. If the court determines that the person is 20 responsible for only 1 parking violation under subsection (7)(a) 21 or less than 6 parking violations under subsection (7)(b) for 22 which the person's license was not issued or renewed under this 23 subsection, the court may waive payment of the fee. 24 (9) Not less than 28 days after a person fails to appear in 25 response to a citation issued for, or fails to comply with an 26 order or judgment involving, a state civil infraction described 27 in chapter 88 of the revised judicature act of 1961, 1961 PA 236, 01321'99 27 1 MCL 600.8801 to 600.8835, the court shall give notice by ordinary 2 mail, addressed to the person's last known address, that if the 3 person fails to appear or fails to comply with the order or judg- 4 ment described in this subsection within 14 days after the notice 5 is issued, the court will give to the secretary of state notice 6 of that failure. Upon receiving notice of that failure, the sec- 7 retary of state shall not issue or renew an operator's or 8 chauffeur's license for the person until both of the following 9 occur: 10 (a) The court informs the secretary of state that the person 11 has resolved all outstanding matters regarding each notice or 12 citation. 13 (b) The person has paid to the court a $25.00 driver license 14 clearance fee. If the court determines that the person is not 15 responsible for any violation for which the person's license was 16 not issued or renewed under this subsection, the court shall 17 waive the fee. 18 (10) For the purposes of subsections (5)(a), (8)(a), and 19 (9)(a), the court shall give to the person a copy of the informa- 20 tion being transmitted to the secretary of state. Upon showing 21 that copy, the person shall not be arrested or issued a citation 22 for driving on a suspended license, on an expired license, or 23 without a license on the basis of any matter resolved under sub- 24 section (5)(a), (8)(a), or (9)(a), even if the information being 25 sent to the secretary of state has not yet been received or 26 recorded by the department. 01321'99 28 1 (11)Six dollarsTHE COURT SHALL TRANSFER 60% of each fee 2 received under subsection (5)(b), (8)(b), or (9)(b)shall be3transmitted by the courtto the secretary of state on a monthly 4 basis. The funds received by the secretary of state under this 5 subsection shall be deposited in the state general fund and shall 6 be used to defray the expenses of the secretary of state in pro- 7 cessing the suspension and reinstatement of driver licenses under 8 this section. 9 (12) Section 819 does not apply to a reinstatement fee col- 10 lected for an operator's or chauffeur's license that is not 11 issued or renewed under section 8827 of the revised judicature 12 act of 1961, 1961 PA 236, MCL 600.8827. 13 Sec. 323. (1) A person aggrieved by a final determination 14 of the secretary of state denying the person an operator's or 15 chauffeur's license, a vehicle group designation, or an indorse- 16 ment on a license or revoking, suspending, or restricting an 17 operator's or chauffeur's license, vehicle group designation, or 18 an indorsement may petition for a review of the determination in 19 the circuit court in the county where the person was arrested if 20 the denial or suspension was imposed pursuant to section 625f or 21 pursuant to the order of a trial court under section 328 or, in 22 all other cases, in the circuit court in the person's county of 23 residence. The person shall file the petition within 63 days 24 after the determination is made except that for good cause shown 25 the court may allow the person to file petition within 182 days 26 after the determination is made. As provided in section 625f, a 27 peace officer aggrieved by a determination of a hearing officer 01321'99 29 1 in favor of a person who requested a hearing under section 625f 2 may, with the prosecuting attorney's consent, petition for review 3 of the determination in the circuit court in the county where the 4 arrest was made. The peace officer shall file the petition 5 within 63 days after the determination is made except that for 6 good cause shown the court may allow the peace officer to file 7 the petition within 182 days after the determination is made. 8 (2) Except as otherwise provided in this section, the cir- 9 cuit court shall enter an order setting the cause for hearing for 10 a day certain not more than 63 days after the order's date. The 11 order, a copy of the petition that includes the person's full 12 name, current address, birth date, and driver's license number, 13 and all supporting affidavits shall be served on the secretary of 14 state's office in Lansing not less than 20 days before the date 15 set for the hearing. If the person is seeking a review of the 16 record prepared pursuant to section 322 or section 625f, the 17 service upon the secretary of state shall be made not less than 18 50 days before the date set for the hearing. 19 (3) The court may take testimony and examine all the facts 20 and circumstances relating to the denial, suspension, OR restric- 21 tion, or revocationof the person's license under 22 sections 303(1)(g), 320, or 904(8) or (9), a licensing action 23 under section 310d, or a suspension for a first violation under 24 section 625f. The court may affirm, modify, or set aside the 25 restriction, suspension,revocation,or denial, except the 26 court shall not order the secretary of state to issue a 27 restricted or unrestricted chauffeur's license that would permit 01321'99 30 1 the person to drive a commercial motor vehicle that hauls a 2 hazardous material. The court shall duly enter the order and the 3 petitioner shall file a certified copy of the order with the sec- 4 retary of state's office in Lansing within 7 days after entry of 5 the order. 6 (4) Except as otherwise provided in this section, in review- 7 ing a determination resulting in a denial, suspension, restric- 8 tion, or revocation under this act, the court shall confine its 9 consideration to a review of the record prepared pursuant to sec- 10 tion 322 or 625f or the driving record created under section 204a 11 for a statutory legal issue, and shall not grant restricted driv- 12 ing privileges. The court shall set aside the secretary of 13 state's determination only if the petitioner's substantial rights 14 have been prejudiced because the determination is any of the 15 following: 16 (a) In violation of the Constitution of the United States, 17 the state constitution of 1963, or a statute. 18 (b) In excess of the secretary of state's statutory author- 19 ity or jurisdiction. 20 (c) Made upon unlawful procedure resulting in material prej- 21 udice to the petitioner. 22 (d) Not supported by competent, material, and substantial 23 evidence on the whole record. 24 (e) Arbitrary, capricious, or clearly an abuse or unwar- 25 ranted exercise of discretion. 26 (f) Affected by other substantial and material error of 27 law. 01321'99 31 1 Sec. 602a. (1) A driver of a motor vehicle who is given by 2 hand, voice, emergency light, or siren a visual or audible signal 3 by a police or conservation officer, acting in the lawful per- 4 formance of his or her duty, directing the driver to bring his or 5 her motor vehicle to a stop shall not willfully fail to obey that 6 direction by increasing the speed of the motor vehicle, extin- 7 guishing the lights of the motor vehicle, or otherwise attempting 8 to flee or elude the officer. This subsection does not apply 9 unless the police or conservation officer giving the signal is in 10 uniform and the officer's vehicle is identified as an official 11 police or department of natural resources vehicle. 12 (2) Except as provided in subsection (3), (4), or (5), an 13 individual who violates subsection (1) is guilty of fourth-degree 14 fleeing and eluding, a felony punishable by imprisonment for not 15 more than 2 years or a fine of not more than $500.00, or both. 16 (3) Except as provided in subsection (4) or (5), an individ- 17 ual who violates subsection (1) is guilty of third-degree fleeing 18 and eluding, a felony punishable by imprisonment for not more 19 than 5 years or a fine of not more than $1,000.00, or both, if 1 20 or more of the following circumstances apply: 21 (a) The violation results in a collision or accident. 22 (b) A portion of the violation occurred in an area where the 23 speed limit is 35 miles an hour or less, whether that speed limit 24 is posted or imposed as a matter of law. 25 (c) The individual has a prior conviction for fourth-degree 26 fleeing and eluding, attempted fourth-degree fleeing and eluding, 01321'99 32 1 or fleeing and eluding under a current or former law of this 2 state prohibiting substantially similar conduct. 3 (4) Except as provided in subsection (5), an individual who 4 violates subsection (1) is guilty of second-degree fleeing and 5 eluding, a felony punishable by imprisonment for not more than 10 6 years or a fine of not more than $5,000.00, or both, if 1 or more 7 of the following circumstances apply: 8 (a) The violation results in serious injury to an 9 individual. 10 (b) The individual has 1 or more prior convictions for 11 first-, second-, or third-degree fleeing and eluding, attempted 12 first-, second-, or third-degree fleeing and eluding, or fleeing 13 and eluding under a current or former law of this state prohibit- 14 ing substantially similar conduct. 15 (c) The individual has any combination of 2 or more prior 16 convictions for fourth-degree fleeing and eluding, attempted 17 fourth-degree fleeing and eluding, or fleeing and eluding under a 18 current or former law of this state prohibiting substantially 19 similar conduct. 20 (5) If the violation results in the death of another indi- 21 vidual, an individual who violates subsection (1) is guilty of 22 first-degree fleeing and eluding, a felony punishable by impris- 23 onment for not more than 15 years or a fine of not more than 24 $10,000.00, or both. 25(6) The individual shall not be eligible to receive a26restricted license pursuant to section 323 during the first 627months of the period of suspension.01321'99 33 1 (6)(7)A conviction under this section does not prohibit 2 a conviction and sentence under any other applicable provision, 3 except section 479a(2), (3), (4), or (5) of the Michigan penal 4 code, 1931 PA 328, MCL 750.479a, for conduct arising out of the 5 same transaction. 6 (7)(8)As used in this section, "serious injury" means a 7 physical injury that is not necessarily permanent, but that con- 8 stitutes serious bodily disfigurement or that seriously impairs 9 the functioning of a body organ or limb. Serious injury 10 includes, but is not limited to, 1 or more of the following: 11 (a) Loss of a limb or use of a limb. 12 (b) Loss of a hand, foot, finger, or thumb or use of a hand, 13 foot, finger, or thumb. 14 (c) Loss of an eye or ear or use of an eye or ear. 15 (d) Loss or substantial impairment of a bodily function. 16 (e) Serious visible disfigurement. 17 (f) A comatose state that lasts for more than 3 days. 18 (g) Measurable brain damage or mental impairment. 19 (h) A skull fracture or other serious bone fracture. 20 (i) Subdural hemorrhage or hematoma. 21 Sec. 605. (1) This chapter AND CHAPTER VIII shallbe22applicable and uniformAPPLY UNIFORMLY throughout this state and 23 in all political subdivisions and municipalities in the state. A 24 local authority shall not adopt, enact, or enforce a local law, 25 charter provision, ordinance, rule, or regulation in conflict 26 with this chapter OR CHAPTER VIII. 01321'99 34 1 (2) A local law, charter provision, ordinance, rule, or 2 regulation or portionthereof which imposesOF A LOCAL LAW, 3 CHAPTER PROVISION, ORDINANCE, RULE, OR REGULATION IMPOSING a 4 criminal penalty for an act or omissionwhichTHAT is a civil 5 infraction under this act, orwhich imposesIMPOSING a criminal 6 penalty or civil sanction in excess of that prescribed in this 7 act, is in conflict with this act and is void to the extent of 8 the conflict. 9 Sec. 625. (1) A person, whether licensed or not, shall not 10 operate a vehicle upon a highway or other place open to the gen- 11 eral public or generally accessible to motor vehicles, including 12 an area designated for the parking of vehicles, within this state 13 if either of the following applies: 14 (a) The person is under the influence of intoxicating 15 liquor, a controlled substance, or a combination of intoxicating 16 liquor and a controlled substance. 17 (b) The person has an alcohol content of 0.10 grams or more 18 per 100 milliliters of blood, per 210 liters of breath, or per 67 19 milliliters of urine. 20 (2) The owner of a vehicle or a person in charge or in con- 21 trol of a vehicle shall not authorize or knowingly permit the 22 vehicle to be operated upon a highway or other place open to the 23 general public or generally accessible to motor vehicles, includ- 24 ing an area designated for the parking of motor vehicles, within 25 this state by a person who is under the influence of intoxicating 26 liquor, a controlled substance, or a combination of intoxicating 27 liquor and a controlled substance,orwho has an alcohol 01321'99 35 1 content of 0.10 grams or more per 100 milliliters of blood, per 2 210 liters of breath, or per 67 milliliters of urine, OR WHOSE 3 ABILITY TO OPERATE THE MOTOR VEHICLE IS VISIBLY IMPAIRED DUE TO 4 THE CONSUMPTION OF INTOXICATING LIQUOR, A CONTROLLED SUBSTANCE, 5 OR A COMBINATION OF INTOXICATING LIQUOR AND A CONTROLLED 6 SUBSTANCE. 7 (3) A person, whether licensed or not, shall not operate a 8 vehicle upon a highway or other place open to the general public 9 or generally accessible to motor vehicles, including an area des- 10 ignated for the parking of vehicles, within this state when, due 11 to the consumption of intoxicating liquor, a controlled sub- 12 stance, or a combination of intoxicating liquor and a controlled 13 substance, the person's ability to operate the vehicle is visibly 14 impaired. If a person is charged with violating subsection (1), 15 a finding of guilty under this subsection may be rendered. 16 (4) A person, whether licensed or not, who operates a motor 17 vehicle in violation of subsection (1) or (3) and by the opera- 18 tion of that motor vehicle causes the death of another person is 19 guilty of a felony punishable by imprisonment for not more than 20 15 years or a fine of not less than $2,500.00 or more than 21 $10,000.00, or both. The judgment of sentence may impose the 22 sanction permitted under section 625n.or 904d.Ifthe viola-23tion occurs within 7 years of a prior conviction or within 1024years of 2 or more prior convictions, the court shall, unless25 the vehicle is NOT ordered forfeited under section 625n, THE 26 COURT SHALL order vehicle immobilization under section 904d in 27 the judgment of sentence. 01321'99 36 1 (5) A person, whether licensed or not, who operates a motor 2 vehicle in violation of subsection (1) or (3) and by the opera- 3 tion of that motor vehicle causes a serious impairment of a body 4 function of another person is guilty of a felony punishable by 5 imprisonment for not more than 5 years or a fine of not less than 6 $1,000.00 or more than $5,000.00, or both. The judgment of sen- 7 tence may impose the sanction permitted under section 625n.or8904d.Ifthe violation occurs within 7 years of a prior convic-9tion or within 10 years of 2 or more prior convictions, the court10shall, unlessthe vehicle is NOT ordered forfeited under section 11 625n, THE COURT SHALL order vehicle immobilization under 12 section 904d in the judgment of sentence. As used in this sub- 13 section, "serious impairment of a body function" includes, but is 14 not limited to, 1 or more of the following: 15 (a) Loss of a limb or use of a limb. 16 (b) Loss of a hand, foot, finger, or thumb or use of a hand, 17 foot, finger, or thumb. 18 (c) Loss of an eye or ear or use of an eye or ear. 19 (d) Loss or substantial impairment of a bodily function. 20 (e) Serious visible disfigurement. 21 (f) A comatose state that lasts for more than 3 days. 22 (g) Measurable brain damage or mental impairment. 23 (h) A skull fracture or other serious bone fracture. 24 (i) Subdural hemorrhage or subdural hematoma. 25 (6) A person who is less than 21 years of age, whether 26 licensed or not, shall not operate a vehicle upon a highway or 27 other place open to the general public or generally accessible to 01321'99 37 1 motor vehicles, including an area designated for the parking of 2 vehicles, within this state if the person has any bodily alcohol 3 content. As used in this subsection, "any bodily alcohol 4 content" means either of the following: 5 (a) An alcohol content of not less than 0.02 grams or more 6 than 0.07 grams per 100 milliliters of blood, per 210 liters of 7 breath, or per 67 milliliters of urine. 8 (b) Any presence of alcohol within a person's body resulting 9 from the consumption of intoxicating liquor, other than consump- 10 tion of intoxicating liquor as a part of a generally recognized 11 religious service or ceremony. 12 (7) A person who operates a vehicle in violation of subsec- 13 tion (1), (3), (4), (5), or (6) while another person who is less 14 than 16 years of age is occupying the vehicle is guilty of a mis- 15 demeanor punishable by imprisonment for not more than 1 year or a 16 fine of not more than $1,000.00, or both. The judgment of sen- 17 tence may impose the sanction permitted under section 625n. If 18 the violation occurs within 7 years of a prior conviction or 19 within 10 years of 2 or more prior convictions, the court shall, 20 unless the vehicle is ordered forfeited under section 625n, order 21 vehicle immobilization under section 904d in the judgment of 22 sentence. This section does not prohibit a person from being 23 charged with, convicted of, or punished for a violation of sub- 24 section (1), (3), (4), (5), or (6) that is committed by the 25 person while violating this subsection. However, points shall 26 not be assessed under section 320a for both a violation of 01321'99 38 1 subsection (1), (3), (4), (5), or (6) and a violation of this 2 subsection for conduct arising out of the same transaction. 3 (8) If a person is convicted of violating subsection (1), 4 all of the following apply: 5 (a) Except as otherwise provided in subdivisions (b) and 6 (c), the person is guilty of a misdemeanor punishable by 1 or 7 more of the following: 8 (i) Community service for not more than 45 days. 9 (ii) Imprisonment for not more than 93 days. 10 (iii) A fine of not less than $100.00 or more than $500.00. 11 (b) If the violation occurs within 7 years of a prior con- 12 viction, the person shall be sentenced to pay a fine of not less 13 than $200.00 or more than $1,000.00 and 1 or more of the 14 following: 15 (i) Imprisonment for not less than 5 days or more than 1 16 year. Not less than 48 hours of the term of imprisonment imposed 17 under this subparagraph shall be served consecutively. 18 (ii) Community service for not less than 30 days or more 19 than 90 days. 20 (c) If the violation occurs within 10 years of 2 or more 21 prior convictions, the person is guilty of a felony and shall be 22 sentenced to pay a fine of not less than $500.00 or more than 23 $5,000.00 and to either of the following: 24 (i) Imprisonment under the jurisdiction of the department of 25 corrections for not less than 1 year or more than 5 years. 26 (ii) Probation with imprisonment in the county jail for not 27 less than 30 days or more than 1 year and community service for 01321'99 39 1 not less than 60 days or more than 180 days. Not less than 48 2 hours of the imprisonment imposed under this subparagraph shall 3 be served consecutively. 4 (d) A term of imprisonment imposed under subdivision 5(b)(ii)(B) or (c) shall not be suspended. 6 (e) In the judgment of sentence under subdivision (a), the 7 court may order vehicle immobilization as provided in 8 section 904d. In the judgment of sentence under subdivision (b) 9 or (c), the court shall, unless the vehicle is ordered forfeited 10 under section 625n, order vehicle immobilization as provided in 11 section 904d. 12 (f) In the judgment of sentence under subdivision (b) or 13 (c), the court may impose the sanction permitted under 14 section 625n. 15 (9) A person who is convicted of violating subsection (2) is 16 guilty of a crime as follows: 17 (a) Except as provided in subdivisions (b) and (c), a misde- 18 meanor punishable by imprisonment for not more than 93 days or a 19 fine of not less than $100.00 or more than $500.00, or both. 20 (b) If the person operating the motor vehicle violated sub- 21 section (4), a felony punishable by imprisonment for not more 22 than 5 years or a fine of not less than $1,500.00 or more than 23 $10,000.00, or both. 24 (c) If the person operating the motor vehicle violated sub- 25 section (5), a felony punishable by imprisonment for not more 26 than 2 years or a fine of not less than $1,000.00 or more than 27 $5,000.00, or both. 01321'99 40 1 (10) If a person is convicted of violating subsection (3), 2 all of the following apply: 3 (a) Except as otherwise provided in subdivisions (b) and 4 (c), the person is guilty of a misdemeanor punishable by 1 or 5 more of the following: 6 (i) Community service for not more than 45 days. 7 (ii) Imprisonment for not more than 93 days. 8 (iii) A fine of not more than $300.00. 9 (b) If the violation occurs within 7 years of 1 prior con- 10 viction, the person shall be sentenced to pay a fine of not less 11 than $200.00 or more than $1,000.00, and 1 or more of the 12 following: 13 (i) Imprisonment for not less than 5 days or more than 1 14 year. Not less than 48 hours of the term of imprisonment imposed 15 under this subparagraph shall be served consecutively. 16 (ii) Community service for not less than 30 days or more 17 than 90 days. 18 (c) If the violation occurs within 10 years of 2 or more 19 prior convictions, the person is guilty of a felony and shall be 20 sentenced to pay a fine of not less than $500.00 or more than 21 $5,000.00 and either of the following: 22 (i) Imprisonment under the jurisdiction of the department of 23 corrections for not less than 1 year or more than 5 years. 24 (ii) Probation with imprisonment in the county jail for not 25 less than 30 days or more than 1 year and community service for 26 not less than 60 days or more than 180 days. Not less than 48 01321'99 41 1 hours of the imprisonment imposed under this subparagraph shall 2 be served consecutively. 3 (d) A term of imprisonment imposed under subdivision (b) or 4 (c) shall not be suspended. 5 (e) In the judgment of sentence under subdivision (a), the 6 court may order vehicle immobilization as provided in 7 section 904d. In the judgment of sentence under subdivision (b) 8 or (c), the court shall, unless the vehicle is ordered forfeited 9 under section 625n, order vehicle immobilization as provided in 10 section 904d. 11 (f) In the judgment of sentence under subdivision (b) or 12 (c), the court may impose the sanction permitted under 13 section 625n. 14 (11) If a person is convicted of violating subsection (6), 15 all of the following apply: 16 (a) Except as otherwise provided in subdivision (b), the 17 person is guilty of a misdemeanor punishable by 1 or both of the 18 following: 19 (i) Community service for not more than 45 days. 20 (ii) A fine of not more than $250.00. 21 (b) If the violation occurs within 7 years of 1 or more 22 prior convictions, the person may be sentenced to 1 or more of 23 the following: 24 (i) Community service for not more than 60 days. 25 (ii) A fine of not more than $500.00. 26 (iii) Imprisonment for not more than 93 days. 01321'99 42 1 (12) In addition to imposing the sanctions prescribed under 2 this section, the court may order the person to pay the costs of 3 the prosecution under the code of criminal procedure, 1927 4 PA 175, MCL 760.1 to 776.22. 5 (13) A person sentenced to perform community service under 6 this section shall not receive compensation and shall reimburse 7 the state or appropriate local unit of government for the cost of 8 supervision incurred by the state or local unit of government as 9 a result of the person's activities in that service. 10 (14) If the prosecuting attorney intends to seek an enhanced 11 sentence under this section or a sanction under section 625n or 12 904d based upon the defendant having 1 or more prior convictions, 13 the prosecuting attorney shall include on the complaint and 14 information, or an amended complaint and information, filed in 15 district court, circuit court, municipal court, or family divi- 16 sion of circuit court, a statement listing the defendant's prior 17 convictions. 18 (15) If a person is charged with a violation of subsection 19 (1), (3), (4), (5), or (7) or section 625m, the court shall not 20 permit the defendant to enter a plea of guilty or nolo contendere 21 to a charge of violating subsection (6) in exchange for dismissal 22 of the original charge. This subsection does not prohibit the 23 court from dismissing the charge upon the prosecuting attorney's 24 motion. 25 (16) A prior conviction shall be established at sentencing 26 by 1 or more of the following: 01321'99 43 1 (a) An abstract of conviction. 2 (b) A copy of the defendant's driving record. 3 (c) An admission by the defendant. 4 (17) Except as otherwise provided in subsection (19), if a 5 person is charged with operating a vehicle while under the influ- 6 ence of a controlled substance or a combination of intoxicating 7 liquor and a controlled substance in violation of subsection (1) 8 or a local ordinance substantially corresponding to 9 subsection (1), the court shall require the jury to return a spe- 10 cial verdict in the form of a written finding or, if the court 11 convicts the person without a jury or accepts a plea of guilty or 12 nolo contendere, the court shall make a finding as to whether the 13 person was under the influence of a controlled substance or a 14 combination of intoxicating liquor and a controlled substance at 15 the time of the violation. 16 (18) Except as otherwise provided in subsection (19), if a 17 person is charged with operating a vehicle while his or her abil- 18 ity to operate the vehicle was visibly impaired due to his or her 19 consumption of a controlled substance or a combination of intoxi- 20 cating liquor and a controlled substance in violation of 21 subsection (3) or a local ordinance substantially corresponding 22 to subsection (3), the court shall require the jury to return a 23 special verdict in the form of a written finding or, if the court 24 convicts the person without a jury or accepts a plea of guilty or 25 nolo contendere, the court shall make a finding as to whether, 26 due to the consumption of a controlled substance or a combination 27 of intoxicating liquor and a controlled substance, the person's 01321'99 44 1 ability to operate a motor vehicle was visibly impaired at the 2 time of the violation. 3 (19) A special verdict described in subsections (17) and 4 (18) is not required if a jury is instructed to make a finding 5 solely as to either of the following: 6 (a) Whether the defendant was under the influence of a con- 7 trolled substance or a combination of intoxicating liquor and a 8 controlled substance at the time of the violation. 9 (b) Whether the defendant was visibly impaired due to his or 10 her consumption of a controlled substance or a combination of 11 intoxicating liquor and a controlled substance at the time of the 12 violation. 13 (20) If a jury or court finds under subsection (17), (18), 14 or (19) that the defendant operated a motor vehicle under the 15 influence of or while impaired due to the consumption of a con- 16 trolled substance or a combination of a controlled substance and 17 an intoxicating liquor, the court shall do both of the 18 following: 19 (a) Report the finding to the secretary of state. 20 (b) On a form or forms prescribed by the state court admin- 21 istrator, forward to the department of state police a record that 22 specifies the penalties imposed by the court, including any term 23 of imprisonment, and any sanction imposed under section 625n or 24 904d. 25 (21) Except as otherwise provided by law, a record described 26 in subsection (20)(b) is a public record and the department of 01321'99 45 1 state police shall retain the information contained on that 2 record for not less than 7 years. 3 (22) In a prosecution for a violation of subsection (6), the 4 defendant bears the burden of proving that the consumption of 5 intoxicating liquor was a part of a generally recognized reli- 6 gious service or ceremony by a preponderance of the evidence. 7 (23) Subject to subsection (25), as used in this section, 8 "prior conviction" means a conviction for any of the following, 9 whether under a law of this state, a local ordinance substan- 10 tially corresponding to a law of this state, or a law of another 11 state substantially corresponding to a law of this state: 12 (a) Except as provided in subsection (24), a violation or 13 attempted violation of subsection (1), (3), (4), (5), (6), or 14 (7), section 625m, former section 625(1) or (2), or former sec- 15 tion 625b. 16 (b) Negligent homicide, manslaughter, or murder resulting 17 from the operation of a vehicle or an attempt to commit any of 18 those crimes. 19 (24) Except for purposes of the enhancement described in 20 subsection (11)(b), only 1 violation or attempted violation of 21 subsection (6), a local ordinance substantially corresponding to 22 subsection (6), or a law of another state substantially corre- 23 sponding to subsection (6) may be used as a prior conviction. 24 (25) If 2 or more convictions described in subsection (23) 25 are convictions for violations arising out of the same transac- 26 tion, only 1 conviction shall be used to determine whether the 27 person has a prior conviction. 01321'99 46 1 Sec. 625g. (1) If a person refuses a chemical test offered 2 pursuant to section 625a(6), or submits to the chemical test or 3 a chemical test is performed pursuant to a court order and the 4 test reveals an unlawful alcohol content, the peace officer who 5 requested the person to submit to the test shall do all of the 6 following: 7 (a) On behalf of the secretary of state, immediately confis- 8 cate the person's license or permit to operate a motor vehicle 9 and, if the person is otherwise eligible for a license or permit, 10 issue a temporary license or permit to the person. The temporary 11 license or permit shall be on a form provided by the secretary of 12 state. 13 (b) Except as provided in subsection (2), immediately do all 14 of the following: 15 (i) Forward a copy of the written report of the person's 16 refusal to submit to a chemical test required under section 625d 17 to the secretary of state. 18 (ii) Notify the secretary of state by means of the law 19 enforcement information network that a temporary license or 20 permit was issued to the person. 21 (iii) Destroy the person's driver's license or permit. 22 (2) If a person submits to a chemical test offered pursuant 23 to section 625a(6) that requires an analysis of blood or urine 24 and a report of the results of that chemical test is not immedi- 25 ately available, the peace officer who requested the person to 26 submit to the test shall comply with subsection (1)(a) pending 27 receipt of the test report. If the report reveals an unlawful 01321'99 47 1 alcohol content, the peace officer who requested the person to 2 submit to the test shall immediately comply with 3 subsection (1)(b). If the report does not reveal an unlawful 4 alcohol content, the peace officer who requested the person to 5 submit to the test shall immediately notify the person of the 6 test results and immediately return the person's license or 7 permit by first-class mail to the address given at the time of 8 arrest. 9 (3) A temporary license or permit issued under this section 10 is valid for 1 of the following time periods: 11 (a) If the case is not prosecuted, for 90 days after issu- 12 ance or until the person's license or permit is suspended pursu- 13 ant to section 625f, whichever occurs earlier. The prosecuting 14 attorney shall notify the secretary of state if a case referred 15 to the prosecuting attorney is not prosecuted. The arresting law 16 enforcement agency shall notify the secretary of state if a case 17 is not referred to the prosecuting attorney for prosecution. 18 (b) If the case is prosecuted, until the criminal charges 19 against the person are dismissed, the personpleads guilty or20nolo contendere to or is found guilty of orIS acquitted of 21 those charges, or the person's license or permit is suspended, 22pursuant to section 625f, whichever occurs earlierRESTRICTED, 23 OR REVOKED. 24 (4) As used in this section, "unlawful alcohol content" 25 means any of the following, as applicable: 01321'99 48 1 (a) If the person tested is less than 21 years of age, 0.02 2 grams or more of alcohol per 100 milliliters of blood, per 210 3 liters of breath, or per 67 milliliters of urine. 4 (b) If the person tested was operating a commercial motor 5 vehicle within this state, 0.04 grams or more of alcohol per 100 6 milliliters of blood, per 210 liters of breath, or per 67 milli- 7 liters of urine. 8 (c) If the person tested is not a person described in 9 subdivision (a) or (b), 0.10 grams or more of alcohol per 100 10 milliliters of blood, per 210 liters of breath, or per 67 milli- 11 liters of urine. 12 Sec. 625h. (1) The drunk driving prevention equipment and 13 training fund is created as a separate fund in the state 14 treasury. Money in the fund shall be expended only as provided 15 in subsection (2). The state treasurer shall credit to the fund 16 all money received for that purpose under section 320e, and as 17 otherwise provided by law. The state treasurer shall invest 18 money in the fund in the same manner as surplus funds are 19 invested under section 143 ofAct No. 105 of the Public Acts of201855, being section 21.143 of the Michigan Compiled Laws1855 PA 21 105, MCL 21.143. Earnings from the fund shall be credited to the 22 fund. Money in the fund at the end of the fiscal year shall 23 remain in the fund, and shall not revert to the general fund. 24 (2) The department of state police shall administer the 25 fund. Money in the fund shall be used only to administer the 26 fund, to purchase and maintain breath alcohol testing equipment, 01321'99 49 1 and to provide training to law enforcement personnel of this 2 state in the use of that breath alcohol testing equipment. 3 (3) The department of treasury shall, before November 1 of 4 each year, notify the department of state police of the balance 5 in the fund at the close of the preceding fiscal year. 6 (4) The department of state police shall promulgate rules to 7 implement subsection (2). 8 (5) The drunk driving caseflow assistance fund is created as 9 a separate fund in the state treasury. The purpose of the fund 10 is to promote the timely disposition of cases in which the 11 defendant is charged with a violation ofsection 625(1) or (3)12of this act, section 82127(1) or (3) of part 821 (snowmobiles)13 ANY OF THE FOLLOWING OR A LOCAL ORDINANCE SUBSTANTIALLY CORRE- 14 SPONDING TO ANY OF THE FOLLOWING: 15 (A) SECTION 625 OR 625M. 16 (B) SECTION 80176, 81134, 81135, OR 82127 of the natural 17 resources and environmental protection act,Act No. 451 of the18Public Acts of 1994, being section 324.82127 of the Michigan19Compiled Laws, or section 80176(1) or (3) of part 801 (marine20safety) of Act No. 451 of the Public Acts of 1994, being section21324.80176 of the Michigan Compiled Laws, or a local ordinance22substantially corresponding to section 625(1) or (3) of this act,23section 82127(1) or (3) of part 821 of Act No. 451 of the Public24Acts of 1994, or section 80176(1) or (3) of part 801 of Act25No. 451 of the Public Acts of 19941994 PA 451, MCL 324.80176, 26 324.81134, 324.81135, AND 324.82127. 01321'99 50 1 (6) Money in the fund shall be expended only as provided in 2 subsection(7)(8). 3 (7)(6)The state treasurer shall credit the drunk driving 4 caseflow assistance fund with deposits of proceeds from the col- 5 lection of revenue from license reinstatement fees as provided 6 for in section 320e, and all income from investment credited to 7 the fund by the state treasurer. The state treasurer may invest 8 money contained in the drunk driving caseflow assistance fund in 9 any manner authorized by law for the investment of state money. 10 However, an investment shall not interfere with any apportion- 11 ment, allocation, or payment of money as required by this 12 section. The state treasurer shall credit to the fund all income 13 earned as a result of an investment. Money in the fund at the 14 end of the fiscal year shall remain in the fund and shall not 15 revert to the general fund. 16 (8)(7)The state court administrator, at the direction of 17 the supreme court and upon confirmation of the amount by the 18 state treasurer, shall distribute from the drunk driving caseflow 19 assistance fund the total amount available in a fiscal year to 20 each district of the district court and each municipal court as 21 provided in this section. The state court administrator, after 22 reimbursement of costs as provided in this subsection, shall dis- 23 tribute the balance of the drunk driving caseflow assistance fund 24 annually to each district of the district court and each munici- 25 pal court in an amount determined by multiplying the amount 26 available for distribution by a fraction, the numerator of which 27 is the number of cases in which the defendant was charged with a 01321'99 51 1 violationof section 625(1) or (3) of this act, section 82127(1)2or (3) of part 821 of Act No. 451 of the Public Acts of 1994, or3section 80176(1) or (3) of part 801 of Act No. 451 of the Public4Acts of 1994 or a local ordinance substantially corresponding to5section 625(1) or (3) of this act, section 82127(1) or (3) of6part 821 of Act No. 451 of the Public Acts of 1994, or section780176(1) or (3) of part 801 of Act No. 451 of the Public Acts of81994ENUMERATED IN SUBSECTION (5) in the prior calendar year in 9 that district of the district court or that municipal court as 10 certified by the state court administrator and the denominator of 11 which is the total number of cases in all districts of the dis- 12 trict court and all municipal courts in which the defendant was 13 charged with a violationof section 625(1) or (3) of this act,14section 82127(1) or (3) of part 821 of Act No. 451 of the Public15Acts of 1994, or section 80176(1) or (3) of part 801 of Act16No. 451 of the Public Acts of 1994 or a local ordinance substan-17tially corresponding to section 625(1) or (3) of this act, sec-18tion 82127(1) or (3) of part 821 of Act No. 451 of the Public19Acts of 1994, or section 80176(1) or (3) of part 801 of Act20No. 451 of the Public Acts of 1994ENUMERATED IN SUBSECTION (5) 21 in the calendar year. The state court administrative office 22 shall be reimbursed annually from the drunk driving caseflow 23 assistance fund for all reasonable costs associated with the 24 administration of this section, including judicial and staff 25 training, on-site management assistance, and software development 26 and conversion. 01321'99 52 1 Sec. 732. (1) Each municipal judge and each clerk of a 2 court of record shall keep a full record of every case in which a 3 person is charged with or cited for a violation of this act or a 4 local ordinance substantially corresponding to this act regulat- 5 ing the operation of vehicles on highways. Except as provided in 6 subsection (15), the municipal judge or clerk of the court of 7 record shall prepare and forward to the secretary of state an 8 abstract of the court record as follows: 9 (a) Within 14 days after a conviction, forfeiture of bail, 10 or entry of a civil infraction determination or default judgment 11 upon a charge of or citation for violating or attempting to vio- 12 late this act or a local ordinance substantially corresponding to 13 this act regulating the operation of vehicles on highways. 14 (b) Immediately for each case charging a violation of 15 section 625(1), (3), (4), (5), (6), or (7) or section 625m or a 16 local ordinance substantially corresponding to section 625(1), 17 (3), or (6) or section 625m in which the charge is dismissed or 18 the defendant is acquitted. 19 (2) If a city or village department, bureau, or person is 20 authorized to accept a payment of money as a settlement for a 21 violation of a local ordinance substantially corresponding to 22 this act, the city or village department, bureau, or person shall 23 send a full report of each case in which a person pays any amount 24 of money to the city or village department, bureau, or person to 25 the secretary of state upon a form prescribed by the secretary of 26 state. 01321'99 53 1 (3) The abstract or report required under this section shall 2 be made upon a form furnished by the secretary of state. An 3 abstract shall be certified by signature, stamp, or facsimile 4 signature of the person required to prepare the abstract as 5 correct. An abstract or report shall include all of the 6 following: 7 (a) The name, address, and date of birth of the person 8 charged or cited. 9 (b) The number of the person's operator's or chauffeur's 10 license, if any. 11 (c) The date and nature of the violation. 12 (d) The type of vehicle driven at the time of the violation 13 and, if the vehicle is a commercial motor vehicle, that vehicle's 14 group designation and indorsement classification. 15 (e) The date of the conviction, finding, forfeiture, judg- 16 ment, or civil infraction determination. 17 (f) Whether bail was forfeited. 18 (g) Any license restriction, suspension, or denial ordered 19 by the court as provided by law. 20 (h) The vehicle identification number and registration plate 21 number of all vehicles that are ordered immobilized or 22 forfeited. 23 (i) Other information considered necessary to the secretary 24 of state. 25 (4) The clerk of the court also shall forward an abstract of 26 the court record to the secretary of state upon a person's 27 conviction involving any of the following: 01321'99 54 1 (a) A violation of section 413, 414, or 479a of the Michigan 2 penal code, 1931 PA 328, MCL 750.413, 750.414, and 750.479a. 3 (b) A violation of section 1 of 1931 PA 214, MCL 752.191. 4 (c) Negligent homicide, manslaughter, or murder resulting 5 from the operation of a vehicle. 6 (d) A violation of section 703 of the Michigan liquor con- 7 trol code of 1998, 1998 PA 58, MCL 436.1703, or a local ordinance 8 substantially corresponding to that section. 9 (e) An attempt to violate, a conspiracy to violate, or a 10 violation of part 74 or section 17766a of the public health code, 11 1978 PA 368, MCL 333.7401 to 333.7461 and 333.17766a, or a local 12 ordinance that prohibits conduct prohibited under part 74 or sec- 13 tion 17766a of the public health code, 1978 PA 368, MCL 333.7401 14 to 333.7461 and 333.17766a, unless the convicted person is sen- 15 tenced to life imprisonment or a minimum term of imprisonment 16 that exceeds 1 year for the offense. 17 (f) An attempt to commit an offense described in subdivi- 18 sions (a) to (d). 19 (5) As used in subsections (6) to (8), "felony in which a 20 motor vehicle was used" means a felony during the commission of 21 which the person operated a motor vehicle and while operating the 22 vehicle presented real or potential harm to persons or property 23 and 1 or more of the following circumstances existed: 24 (a) The vehicle was used as an instrument of the felony. 25 (b) The vehicle was used to transport a victim of the 26 felony. 01321'99 55 1 (c) The vehicle was used to flee the scene of the felony. 2 (d) The vehicle was necessary for the commission of the 3 felony. 4 (6) If a person is charged with a felony in which a motor 5 vehicle was used, other than a felony specified in subsection (4) 6 or section 319, the prosecuting attorney shall include the fol- 7 lowing statement on the complaint and information filed in dis- 8 trict or circuit court: 9 "You are charged with the commission of a felony in which a 10 motor vehicle was used. If you are convicted and the judge finds 11 that the conviction is for a felony in which a motor vehicle was 12 used, as defined in section 319 of the Michigan vehicle code, 13 1949 PA 300, MCL 257.319, your driver's license shall be sus- 14 pended by the secretary of state.". 15 (7) If a juvenile is accused of an act, the nature of which 16 constitutes a felony in which a motor vehicle was used, other 17 than a felony specified in subsection (4) or section 319, the 18 prosecuting attorney or family division of circuit court shall 19 include the following statement on the petition filed in the 20 court: 21 "You are accused of an act the nature of which constitutes a 22 felony in which a motor vehicle was used. If the accusation is 23 found to be true and the judge or referee finds that the nature 24 of the act constitutes a felony in which a motor vehicle was 25 used, as defined in section 319 of the Michigan vehicle code, 26 1949 PA 300, MCL 257.319, your driver's license shall be 27 suspended by the secretary of state.". 01321'99 56 1 (8) If the court determines as part of the sentence or 2 disposition that the felony for which the person was convicted or 3 adjudicated and with respect to which notice was given under sub- 4 section (6) or (7) is a felony in which a motor vehicle was used, 5 the clerk of the court shall forward an abstract of the court 6 record of that conviction to the secretary of state. 7 (9) As used in subsections (10) and (11), "felony in which a 8 commercial motor vehicle was used" means a felony during the com- 9 mission of which the person operated a commercial motor vehicle 10 and while the person was operating the vehicle 1 or more of the 11 following circumstances existed: 12 (a) The vehicle was used as an instrument of the felony. 13 (b) The vehicle was used to transport a victim of the 14 felony. 15 (c) The vehicle was used to flee the scene of the felony. 16 (d) The vehicle was necessary for the commission of the 17 felony. 18 (10) If a person is charged with a felony in which a commer- 19 cial motor vehicle was used and for which a vehicle group desig- 20 nation on a license is subject to suspension or revocation under 21 section 319b(1)(c)(iii), 319b(1)(d), or319b(1)(e)(v) or (viii)22 319B(1)(E)(iii), OR 319B(1)(F)(i), the prosecuting attorney shall 23 include the following statement on the complaint and information 24 filed in district or circuit court: 25 "You are charged with the commission of a felony in which a 26 commercial motor vehicle was used. If you are convicted and the 27 judge finds that the conviction is for a felony in which a 01321'99 57 1 commercial motor vehicle was used, as defined in section 319b of 2 the Michigan vehicle code, 1949 PA 300, MCL 257.319b, all vehicle 3 group designations on your driver's license shall be suspended or 4 revoked by the secretary of state.". 5 (11) If the judge determines as part of the sentence that 6 the felony for which the defendant was convicted and with respect 7 to which notice was given under subsection (10) is a felony in 8 which a commercial motor vehicle was used, the clerk of the court 9 shall forward an abstract of the court record of that conviction 10 to the secretary of state. 11 (12) Every person required to forward abstracts to the sec- 12 retary of state under this section shall certify for the period 13 from January 1 through June 30 and for the period from July 1 14 through December 31 that all abstracts required to be forwarded 15 during the period have been forwarded. The certification shall 16 be filed with the secretary of state not later than 28 days after 17 the end of the period covered by the certification. The certifi- 18 cation shall be made upon a form furnished by the secretary of 19 state and shall include all of the following: 20 (a) The name and title of the person required to forward 21 abstracts. 22 (b) The court for which the certification is filed. 23 (c) The time period covered by the certification. 24 (d) The following statement: 25 "I certify that all abstracts required by section 732 of the 26 Michigan vehicle code, MCL 257.732; MSA 9.2432, for the period 01321'99 58 1 __________ through __________ have been forwarded to the 2 secretary of state.". 3 (e) Other information the secretary of state considers 4 necessary. 5 (f) The signature of the person required to forward 6 abstracts. 7 (13) The failure, refusal, or neglect of a person to comply 8 with this section constitutes misconduct in office and is grounds 9 for removal from office. 10 (14) Except as provided in subsection (15), the secretary of 11 state shall keep all abstracts received under this section at the 12 secretary of state's main office and the abstracts shall be open 13 for public inspection during the office's usual business hours. 14 Each abstract shall be entered upon the master driving record of 15 the person to whom it pertains. 16 (15) Except for controlled substance offenses described in 17 subsection (4), the court shall not submit, and the secretary of 18 state shall discard and not enter on the master driving record, 19 an abstract for a conviction or civil infraction determination 20 for any of the following violations: 21 (a) The parking or standing of a vehicle. 22 (b) A nonmoving violation that is not the basis for the sec- 23 retary of state's suspension, revocation, or denial of an 24 operator's or chauffeur's license. 25 (c) A violation of chapter II that is not the basis for the 26 secretary of state's suspension, revocation, or denial of an 27 operator's or chauffeur's license. 01321'99 59 1 (d) A pedestrian, passenger, or bicycle violation, other 2 than a violation of section 703(1) or (2) of the Michigan liquor 3 control code of 1998, 1998 PA 58, MCL 436.1703, or a local ordi- 4 nance substantially corresponding to section 703(1) or (2) of the 5 Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1703, 6 or section 624a or 624b or a local ordinance substantially corre- 7 sponding to section 624a or 624b. 8 (e) A violation of section 710e or a local ordinance sub- 9 stantially corresponding to section 710e. 10 (16) The secretary of state shall discard and not enter on 11 the master driving record an abstract for a bond forfeiture that 12 occurred outside this state. However, the secretary of state 13 shall retain and enter on the master driving record an abstract 14 of an out-of-state bond forfeiture for an offense that occurred 15 after January 1, 1990 in connection with the operation of a com- 16 mercial motor vehicle. 17 (17) The secretary of state shall inform the courts of this 18 state of the nonmoving violations and violations of chapter II 19 that are used by the secretary of state as the basis for the sus- 20 pension, restriction, revocation, or denial of an operator's or 21 chauffeur's license. 22 (18) If a conviction or civil infraction determination is 23 reversed upon appeal, the person whose conviction or determina- 24 tion has been reversed may serve on the secretary of state a cer- 25 tified copy of the order of reversal. The secretary of state 26 shall enter the order in the proper book or index in connection 01321'99 60 1 with the record of the conviction or civil infraction 2 determination. 3 (19) The secretary of state may permit a city or village 4 department, bureau, person, or court to modify the requirement as 5 to the time and manner of reporting a conviction, civil infrac- 6 tion determination, or settlement to the secretary of state if 7 the modification will increase the economy and efficiency of col- 8 lecting and utilizing the records. If the permitted abstract of 9 court record reporting a conviction, civil infraction determina- 10 tion, or settlement originates as a part of the written notice to 11 appear, authorized in section 728(1) or 742(1), the form of the 12 written notice and report shall be as prescribed by the secretary 13 of state. 14 (20) Except as provided in this act and notwithstanding any 15 other provision of law, a court shall not order expunction of any 16 violation reportable to the secretary of state under this 17 section. 18 Sec. 904. (1) A person whose operator's or chauffeur's 19 license or registration certificate has been suspended or revoked 20 and who has been notified as provided in section 212 of that sus- 21 pension or revocation, whose application for license has been 22 denied, or who has never applied for a license, shall not operate 23 a motor vehicle upon a highway or other place open to the general 24 public or generally accessible to motor vehicles, including an 25 area designated for the parking of motor vehicles, within this 26 state. 01321'99 61 1 (2) A person shall not knowingly permit a motor vehicle 2 owned by the person to be operated upon a highway or other place 3 open to the general public or generally accessible to motor vehi- 4 cles, including an area designated for the parking of vehicles, 5 within this state by a person whose license or registration cer- 6 tificate is suspended or revoked, whose application for license 7 has been denied, or who has never applied for a license, except 8 as permitted under this act. 9 (3) Except as otherwise provided in this section, a person 10 who violates subsection (1) or (2) is guilty of a misdemeanor 11 punishable as follows: 12 (a) For a first violation, by imprisonment for not more than 13 93 days or a fine of not more than $500.00, or both. Unless the 14 vehicle was stolen or used with the permission of a person who 15 did not knowingly permit an unlicensed driver to operate the 16 vehicle, the registration plates of the vehicle shall be canceled 17 by the secretary of state upon notification by a peace officer. 18 (b) For asecond or subsequentviolation THAT OCCURS AFTER 19 A PRIOR CONVICTION, by imprisonment for not more than 1 year or a 20 fine of not more than $1,000.00, or both. Unless the vehicle was 21 stolen, the registration plates of the vehicle shall be canceled 22 by the secretary of state upon notification by a peace officer. 23 (4) A person who operates a motor vehicle in violation of 24 subsection (1) and who, by operation of that motor vehicle, 25 causes the death of another person is guilty of a felony punish- 26 able by imprisonment for not more than 15 years or a fine of not 27 less than $2,500.00 or more than $10,000.00, or both. This 01321'99 62 1 subsection does not apply to a person whose operator's or 2 chauffeur's license was suspended because that person failed to 3 answer a citation or comply with an order or judgment pursuant to 4 section 321a. 5 (5) A person who operates a motor vehicle in violation of 6 subsection (1) and who, by operation of that motor vehicle, 7 causes the serious impairment of a body function of another 8 person is guilty of a felony punishable by imprisonment for not 9 more than 5 years or a fine of not less than $1,000.00 or more 10 than $5,000.00, or both. This subsection does not apply to a 11 person whose operator's or chauffeur's license was suspended 12 because that person failed to answer a citation or comply with an 13 order or judgment pursuant to section 321a. As used in this sub- 14 section and subsection (7), "serious impairment of a body 15 function" includes, but is not limited to, 1 or more of the 16 following: 17 (a) Loss of a limb or loss of use of a limb. 18 (b) Loss of a foot, hand, finger, or thumb or loss of use of 19 a foot, hand, finger, or thumb. 20 (c) Loss of an eye or ear or loss of use of an eye or ear. 21 (d) Loss or substantial impairment of a bodily function. 22 (e) Serious visible disfigurement. 23 (f) A comatose state that lasts for more than 3 days. 24 (g) Measurable brain or mental impairment. 25 (h) A skull fracture or other serious bone fracture. 26 (i) Subdural hemorrhage or subdural hematoma. 01321'99 63 1 (6) In addition to being subject to any other penalty 2 provided for in this act, if a person is convicted under 3 subsection (4) or (5), the court may impose the sanction permit- 4 ted under section 625n.or 904d.If theviolation occurs5within 7 years of a prior conviction or within 10 years of 2 or6more prior convictionsVEHICLE IS NOT ORDERED FORFEITED UNDER 7 SECTION 625N, the court shall order vehicle immobilization under 8 section 904d in the judgment of sentence. 9 (7) A person shall not knowingly permit a motor vehicle 10 owned by the person to be operated upon a highway or other place 11 open to the general public or generally accessible to motor vehi- 12 cles, including an area designated for the parking of vehicles, 13 within this state, by a person whose license or registration cer- 14 tificate is suspended or revoked, whose application for license 15 has been denied, or who has never been licensed except as permit- 16 ted by this act. If a person permitted to operate a motor vehi- 17 cle in violation of this subsection causes the serious impairment 18 of a body function of another person by operation of that motor 19 vehicle, the person knowingly permitting the operation of that 20 motor vehicle is guilty of a felony punishable by imprisonment 21 for not more than 2 years, or a fine of not less than $1,000.00 22 or more than $5,000.00, or both. If a person permitted to oper- 23 ate a motor vehicle in violation of this subsection causes the 24 death of another person by operation of that motor vehicle, the 25 person knowingly permitting the operation of that motor vehicle 26 is guilty of a felony punishable by imprisonment for not more 01321'99 64 1 than 5 years, or a fine of not less than $1,000.00 or more than 2 $5,000.00, or both. 3 (8) IF THE PROSECUTING ATTORNEY INTENDS TO SEEK AN ENHANCED 4 SENTENCE UNDER THIS SECTION OR A SANCTION UNDER SECTION 904D 5 BASED UPON THE DEFENDANT HAVING 1 OR MORE PRIOR CONVICTIONS, OR 6 SUSPENSIONS OR REVOCATIONS UNDER THIS SECTION, THE PROSECUTING 7 ATTORNEY SHALL INCLUDE ON THE COMPLAINT AND INFORMATION, OR AN 8 AMENDED COMPLAINT AND INFORMATION, FILED IN DISTRICT COURT, CIR- 9 CUIT COURT, MUNICIPAL COURT, OR FAMILY DIVISION OF CIRCUIT COURT, 10 A STATEMENT LISTING THE DEFENDANT'S PRIOR CONVICTIONS, SUSPEN- 11 SIONS, OR REVOCATIONS. 12 (9) A PRIOR CONVICTION, A SUSPENSION, OR A REVOCATION UNDER 13 THIS SECTION SHALL BE ESTABLISHED AT OR BEFORE SENTENCING BY 1 OR 14 MORE OF THE FOLLOWING: 15 (A) AN ABSTRACT OF CONVICTION. 16 (B) A COPY OF THE DEFENDANT'S DRIVING RECORD. 17 (C) AN ADMISSION BY THE DEFENDANT. 18 (10)(8)Upon receiving a record of a person's conviction 19 or civil infraction determination for the unlawful operation of a 20 motor vehicle or a moving violationof this act or a local ordi-21nance substantially corresponding to this actREPORTABLE UNDER 22 SECTION 732 while the person's operator's or chauffeur's license 23 is suspended or revoked, the secretary of state immediately shall 24 impose an additional like period of suspension or revocation. 25 This subsection applies only if the violation occurs during a 26 suspension of definite length or if the violation occurs before 27 the person is approved for a license following a revocation. 01321'99 65 1 (11)(9)Upon receiving a record of a person's conviction 2 or civil infraction determination for the unlawful operation of a 3 motor vehicle or a moving violationof this act or a local ordi-4nance substantially corresponding to this actREPORTABLE UNDER 5 SECTION 732 while the person's operator's or chauffeur's license 6 isexpired for 60 days or more,indefinitely suspended,or 7 whose application for a license has been denied, the secretary of 8 state immediately shall imposean additionalA 30-day period of 9 suspension or denial. 10 (12)(10)Upon receiving a record of the conviction, bond 11 forfeiture, or a civil infraction determination of a person for 12 unlawful operation of a motor vehicle requiring a vehicle group 13 designation while the designation is suspended pursuant to sec- 14 tion 319a or 319b, or revoked, the secretary of state immediately 15 shall impose an additional like period of suspension or 16 revocation.A prior conviction shall be established as provided17in section 625(16).This subsection applies only if the viola- 18 tion occurs during a suspension of definite length, if the viola- 19 tion occurs before the person is approved for a license following 20 a revocation, or if the person operates a commercial vehicle 21 while disqualified under the commercial motor vehicle safety act 22 of 1986, title XII of Public Law 99-570, 100 Stat. 3207-170. 23 (13)(11)If the secretary of state receives records of 24 more than 1 conviction or civil infraction determination result- 25 ing from the same incident, all of the convictions or civil 26 infraction determinations shall be treated as a single violation 27 for purposes of imposing an additional period of suspension or 01321'99 66 1 revocation under subsection(8), (9), or (10)(10), (11), OR 2 (12). 3 (14)(12)Before a person is arraigned before a district 4 court magistrate or judge on a charge of violating this section, 5 the arresting officer shall obtain the person's driving record 6 from the secretary of state and shall furnish the record to the 7 court. The driving record of the person may be obtained from the 8 secretary of state's computer information network. 9 (15)(13)This section does not apply to a person who 10 operates a vehicle solely for the purpose of protecting human 11 life or property if the life or property is endangered and sum- 12 moning prompt aid is essential. 13 (16)(14)A person whose vehicle group designation is sus- 14 pended or revoked and who has been notified as provided in sec- 15 tion 212 of that suspension or revocation, or whose application 16 for a vehicle group designation has been denied as provided in 17 this act, or who has never applied for a vehicle group designa- 18 tion and who operates a commercial motor vehicle within this 19 state, except as permitted under this act, while any of those 20 conditions exist is guilty of a misdemeanor punishable, except as 21 otherwise provided in this section, by imprisonment for not less 22 than 3 days or more than 93 days or a fine of not more than 23 $100.00, or both. 24 (17)(15)If a person has a second or subsequent suspen- 25 sion or revocation under this section within 7 years as indicated 26 on the person's Michigan driving record, the court shall proceed 27 as provided in section 904d. 01321'99 67 1 (18)(16) This sectionANY PERIOD OF SUSPENSION OR 2 REVOCATION REQUIRED UNDER SUBSECTION (10), (11), OR (12) does not 3 apply to a person who has ONLY 1 currently effective suspension 4 or denial on his or her Michigan driving record under 5 section 321a andhas never beenWAS convicted of or received a 6 civil infraction determination for a violation that occurred 7 during that suspension or denial. THIS SUBSECTION MAY ONLY BE 8 APPLIED ONCE DURING THE PERSON'S LIFETIME. 9 (19)(17)For purposes of this section, a person who never 10 applied for a license includes a person who applied for a 11 license, was denied, and never applied again. 12 Sec. 904c. (1) When a peace officer detains the driver of a 13 motor vehicle for a violation of a law of this state or local 14 ordinance for which vehicle immobilization is required, the peace 15 officer shall do all of the following: 16 (a) Immediately confiscate the vehicle's registration plate 17 and destroy it. 18 (b) Issue a temporary vehicle registration plate for the 19 vehicle in the same form prescribed by the secretary of state for 20 temporary registration plates issued under section 226a OR 226B. 21 (c) Place the temporary vehicle registration plate on the 22 vehicle in the manner required by the secretary of state. 23 (d) Notify the secretary of state through the law enforce- 24 ment information network in a form prescribed by the secretary of 25 state that the registration plate was confiscated and destroyed, 26 and a temporary plate was issued. 01321'99 68 1 (2) A temporary vehicle registration plate issued under this 2 section is validfor 100 days unless extended by the court3 UNTIL THE CHARGES AGAINST THE PERSON ARE DISMISSED, THE PERSON 4 PLEADS GUILTY OR NOLO CONTENDERE TO THOSE CHARGES, OR THE PERSON 5 IS FOUND GUILTY OF OR IS ACQUITTED OF THOSE CHARGES. 6 Sec. 904d. (1)For a violation of section 625, the follow-7ing applyVEHICLE IMMOBILIZATION APPLIES AS FOLLOWS: 8 (a) For aviolation ofCONVICTION UNDER section 625(1), 9 (3),(4), (5),or (7) or a local ordinance substantially corre- 10 sponding to section 625(1) or (3) WITH NO PRIOR CONVICTIONS, the 11 court may order vehicle immobilization for not more than 180 12 days. 13 (B) FOR A CONVICTION UNDER SECTION 625(4) OR (5) WITH NO 14 PRIOR CONVICTIONS, THE COURT SHALL ORDER VEHICLE IMMOBILIZATION 15 FOR NOT MORE THAN 180 DAYS. 16 (C)(b)For asecond violation ofCONVICTION UNDER sec- 17 tion 625(1), (3), (4), (5), or (7)in any combination arising18out of separate incidentsWITHIN 7 YEARS AFTER A PRIOR 19 CONVICTION, the court shall order vehicle immobilization for not 20 less than2490 days or more than 180 days. 21 (D)(c)For athird or subsequent violation of22 CONVICTION UNDER section 625(1), (3), (4), (5), or (7)in any23combination arising out of separate incidentsWITHIN 10 YEARS 24 AFTER 2 OR MORE PRIOR CONVICTIONS, the court shall order vehicle 25 immobilization for not less than6 months1 YEAR or more than 3 26 years. 01321'99 69 1 (2) For a CONVICTION OR CIVIL INFRACTION DETERMINATION 2 OCCURRING DURING A PERIOD OF suspension, revocation, or denial, 3under section 904,the following apply: 4 (a)ForEXCEPT AS PROVIDED IN SUBDIVISION (B), FOR 1 prior 5 suspension, revocation, or denial under section904904(10), 6 (11), OR (12) within the past 7 years, the court may order vehi- 7 cle immobilization for not more than 180 days. 8 (B) IF THE PERSON IS CONVICTED UNDER SECTION 904(4) OR (5) 9 WITH NOT MORE THAN 1 SUSPENSION UNDER SECTION 904, THE COURT 10 SHALL ORDER VEHICLE IMMOBILIZATION FOR NOT MORE THAN 180 DAYS. 11 (C)(b)For any combination of 2 or 3 prior suspensions, 12 revocations, or denials under section904904(10), (11), OR 13 (12) within the past 7 years, the court shall order vehicle immo- 14 bilization for not less than 90 days or more than 180 days. 15 (D)(c)For any combination of 4 or more prior suspen- 16 sions, revocations, or denials under section904904(10), (11), 17 OR (12) within the past 7 years, the court shall order vehicle 18 immobilization for not less than 1 year or more than 3 years. 19 (3) The defendant shall provide to the court the vehicle 20 identification number and registration plate number of the vehi- 21 cle involved in the violation. 22 (4) The courtshall notMAY order vehicle immobilization 23 under this sectionif theUNDER EITHER OF THE FOLLOWING 24 CIRCUMSTANCES: 25 (A) THE defendant isnotthe owner,orCO-OWNER, lessee, 26 OR CO-LESSEE of the vehicle operated during the violation. 27unless the01321'99 70 1 (B) THE owner,orCO-OWNER, lessee, OR CO-LESSEE knowingly 2 permitted the vehicle to be operated in violation of section 3 625(2) or section 904(1) regardless of whether a conviction 4 resulted. 5 (5) An order required to be issued under this section shall 6 not be suspended. 7 (6) If a defendant is ordered imprisoned for the violation 8 for which immobilization is ordered, the period of immobilization 9 shall begin at the end of the period of imprisonment. 10 (7) This section does not apply to any of the following: 11 (a) A suspension, revocation, or denial based on a violation 12 of the support and parenting time enforcement act, 1982 PA 295, 13 MCL 552.601 to 552.650. 14(b) For a suspension, revocation, or denial under section15904, an individual who has no currently effective suspension or16denial under section 321a or who has 1 currently effective sus-17pension or denial under section 321a but has never violated a18condition of that suspension or denial, and who has no other sus-19pensions or revocations or denials under this act.20 (B)(c)A vehicle that is registered in another state or 21 that is a rental vehicle. 22 (C)(d)Any of the following: 23 (i) A violation of chapter II. 24 (ii) A violation of chapter V. 25 (iii) A violation for failure to change address. 26 (iv) A parking violation. 01321'99 71 1 (v) A bad check violation. 2 (vi) An equipment violation. 3 (vii) A pedestrian, passenger, or bicycle violation, other 4 than a violation of section 703(1) or (2) of the Michigan liquor 5 control code of 1998, 1998 PA 58, MCL 436.1703, or a local ordi- 6 nance substantially corresponding to section 703(1) or (2) of the 7 Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1703, 8 or section 624a or 624b or a local ordinance substantially corre- 9 sponding to section 624a or 624b. 10 (viii) A violation of a local ordinance substantially corre- 11 sponding to a violation described in subparagraphs (i) to (vii). 12 (8) As used in this section:, "vehicle13 (A) SUBJECT TO SUBSECTION (9), "PRIOR CONVICTION" MEANS A 14 CONVICTION FOR ANY OF THE FOLLOWING, WHETHER UNDER A LAW OF THIS 15 STATE, A LOCAL ORDINANCE SUBSTANTIALLY CORRESPONDING TO A LAW OF 16 THIS STATE, OR A LAW OF ANOTHER STATE SUBSTANTIALLY CORRESPONDING 17 TO A LAW OF THIS STATE: 18 (i) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBPARAGRAPH, A 19 VIOLATION OR ATTEMPTED VIOLATION OF SECTION 625(1), (3), (4), 20 (5), (6), OR (7), SECTION 625M, FORMER SECTION 625(1) OR (2), OR 21 FORMER SECTION 625B. HOWEVER, ONLY 1 VIOLATION OR ATTEMPTED VIO- 22 LATION OF SECTION 625(6), A LOCAL ORDINANCE SUBSTANTIALLY CORRE- 23 SPONDING TO SECTION 625(6), OR A LAW OF ANOTHER STATE SUBSTAN- 24 TIALLY CORRESPONDING TO SECTION 625(6) MAY BE USED AS A PRIOR 25 CONVICTION. 01321'99 72 1 (ii) NEGLIGENT HOMICIDE, MANSLAUGHTER, OR MURDER RESULTING 2 FROM THE OPERATION OF A VEHICLE OR AN ATTEMPT TO COMMIT ANY OF 3 THOSE CRIMES. 4 (B) "VEHICLE immobilization" means requiring the motor vehi- 5 cle involved in the violation immobilized in a manner provided in 6 section 904e. 7 (9) IF 2 OR MORE CONVICTIONS DESCRIBED IN SUBSECTION (8)(A) 8 ARE CONVICTIONS FOR VIOLATIONS ARISING OUT OF THE SAME INCIDENT, 9 ONLY 1 CONVICTION SHALL BE USED TO DETERMINE WHETHER THE PERSON 10 HAS A PRIOR CONVICTION. 11 Sec. 904e. (1) A court shall order a vehicle immobilized 12 under section 904d by the use of any available technology 13 APPROVED BY THE COURT that locks the ignition, wheels, or steer- 14 ing of the vehicle or otherwise prevents any person from operat- 15 ing the vehicle or that prevents the defendant from operating the 16 vehicle. If a vehicle is immobilized under this section, the 17 court may order the vehicle stored at a location and in a manner 18 considered appropriate by the court. The court may order the 19 person convicted of violating section 625 or a suspension, revo- 20 cation, or denial under section 904 to pay the cost of immobiliz- 21 ing and storing the vehicle. 22 (2) A vehicle subject to immobilization under this section 23 may be sold during the period of immobilization, but shall not be 24 sold to a person who is exempt from paying a use tax under sec- 25 tion 3(3)(a) of the use tax act, 1937 PA 94, MCL 205.93, without 26 a court order. 01321'99 73 1 (3) A defendant who is prohibited from operating a motor 2 vehicle by vehicle immobilization shall not purchase, lease, or 3 otherwise obtain a motor vehicle during the immobilization 4 period. 5 (4) A person shall not remove, tamper with, or bypass or 6 attempt to remove, tamper with, or bypass a device that he or she 7 knows or has reason to know has been installed on a vehicle by 8 court order for vehicle immobilization or operate or attempt to 9 operate a vehicle that he or she knows or has reason to know has 10 been ordered immobilized. 11 (5) A person who violates this section is guilty of a misde- 12 meanor punishable by imprisonment for not more than 93 days or a 13 fine of not more than $100.00, or both. 14 (6) To the extent that a local ordinance regarding the stor- 15 age or removal of vehicles conflicts with an order of immobiliza- 16 tion issued by the court, the local ordinance is preempted. 17 (7) IF A PEACE OFFICER STOPS A VEHICLE THAT IS BEING OPER- 18 ATED IN VIOLATION OF AN IMMOBILIZATION ORDER, THE VEHICLE SHALL 19 BE IMPOUNDED PENDING AN ORDER OF A COURT OF COMPETENT 20 JURISDICTION. 21 Enacting section 1. This amendatory act takes effect 22 October 1, 1999. 23 Enacting section 2. This amendatory act does not take 24 effect unless all of the following bills of the 90th Legislature 25 are enacted into law: 26 (a) Senate Bill No. 559. 27 01321'99 74 1 (b) Senate Bill No. 557. 2 3 (c) Senate Bill No. 558. 4 5 (d) House Bill No. 4585 6 7 (e) Senate Bill No. 560. 8 9 (f) House Bill No. 4580. 10 11 (g) House Bill No. 4583. 12 13 (h) House Bill No. 4584. 14 15 (i) House Bill No. 4581. 16 17 (j) House Bill No. 4582. 18 01321'99 Final page. TJS