HOUSE BILL No. 5120 October 2, 2001, Introduced by Reps. Richardville, Ehardt, Stewart, Pappageorge, Schermesser, Shackleton, Ruth Johnson, Vander Veen, Woronchak, Dennis and Lemmons and referred to the Committee on Transportation. A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 320a, 727c, and 743 (MCL 257.320a, 257.727c, and 257.743), section 320a as amended by 2000 PA 460, section 727c as amended by 1999 PA 73, and section 743 as amended by 1988 PA 346. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 320a. (1) The secretary of state, within 10 days after 2 the receipt of a properly prepared abstract from this or another 3 state, shall record the date of conviction, civil infraction 4 determination, or probate court disposition, and the number of 5 points for each, based on the following formula, except as other- 6 wise provided in this section and section 629c: 00358'01 TJS 2 1 (a) Manslaughter, negligent homicide, or a felony 2 resulting from the operation of a motor vehicle, ORV, 3 or snowmobile.......................................... 6 points 4 (b) A violation of section 653a(4)................ 6 points 5 (c) A violation of section 625(1), (4), (5), or 6 (7), section 81134 or 82127(1) of the natural resources 7 and environmental protection act, 1994 PA 451, 8 MCL 324.81134 and 324.82127, or a law or ordinance sub- 9 stantially corresponding to section 625(1), (4), (5), 10 or (7) or,section 81134 or 82127(1) of the natural 11 resources and environmental protection act, 1994 12 PA 451, MCL 324.81134 and 324.82127.................... 6 points 13 (d) Failing to stop and disclose identity at the 14 scene of an accident when required by law.............. 6 points 15 (e) Operating a motor vehicle in violation of sec- 16 tion 626 or section 653a(3)............................ 6 points 17 (f) Fleeing or eluding an officer................. 6 points 18 (g) Violation of any law or ordinance pertaining 19 to speed by exceeding the lawful maximum by more than 20 15 miles per hour...................................... 4 points 21 (h) Violation of section 625(3) or (6), section 22 81135 or 82127(3) of the natural resources and environ- 23 mental protection act, 1994 PA 451, MCL 324.81135 and 24 324.82127, or a law or ordinance substantially corre- 25 sponding to section 625(3) or (6) or,section 81135 26 or 82127(3) of the natural resources and environmental 00358'01 3 1 protection act, 1994 PA 451, MCL 324.81135 and 2 324.82127.............................................. 4 points 3 (i) Violation of section 626a or a law or ordi- 4 nance substantially corresponding to section 626a...... 4 points 5 (j) Violation of section 653a(2).................. 4 points 6 (k) Violation of any law or ordinance pertaining 7 to speed by exceeding the lawful maximum by more than 8 10 but not more than 15 miles per hour or careless 9 driving in violation of section 626b or a law or ordi- 10 nance substantially corresponding to section 626b...... 3 points 11 (l) Violation of any law or ordinance pertaining 12 to speed by exceeding the lawful maximum by 10 miles 13 per hour or less....................................... 2 points 14 (m) Disobeying a traffic signal or stop sign, or 15 improper passing....................................... 3 points 16 (n) Violation of section 624a, 624b, or a law or 17 ordinance substantially corresponding to section 624a 18 or 624b................................................ 2 points 19 (o) Violation of section 310e(4) or (6) or a law 20 or ordinance substantially corresponding to section 21 310e(4) or (6)......................................... 2 points 22 (p) All other moving violations pertaining to the 23 operation of motor vehicles reported under this section 2 points 24 (q) A refusal by a person less than 21 years of 25 age to submit to a preliminary breath test required by 26 a peace officer under section 625a..................... 2 points 00358'01 4 1 (2) Points shall not be entered for a violation of section 2 310e(14), 311, 625m, 658, 717, 719, 719a, or 723. 3 (3) Points shall not be entered for bond forfeitures. 4 (4) Points shall not be entered for overweight loads or for 5 defective equipment. 6 (5) If more than 1 conviction, civil infraction determina- 7 tion, or probate court disposition results from the same inci- 8 dent, points shall be entered only for the violation that 9 receives the highest number of points under this section. 10 (6) If a person has accumulated 9 points as provided in this 11 section, the secretary of state may call the person in for an 12 interview as to the person's driving ability and record after due 13 notice as to time and place of the interview. If the person 14 fails to appear as provided in this subsection, the secretary of 15 state shall add 3 points to the person's record. 16 (7) If a person violates a speed restriction established by 17 an executive order issued during a state of energy emergency as 18 provided by 1982 PA 191, MCL 10.81 to 10.89, the secretary of 19 state shall enter points for the violation pursuant to subsection 20 (1). 21 (8) The secretary of state shall enter 6 points upon the 22 record of a person whose license is suspended or denied pursuant 23 to section 625f. However, if a conviction, civil infraction 24 determination, or probate court disposition results from the same 25 incident, additional points for that offense shall not be 26 entered. 00358'01 5 1 (9) If a Michigan driver commits a violation in another 2 state that would be a civil infraction if committed in Michigan, 3 and a conviction results solely because of the failure of the 4 Michigan driver to appear in that state to contest the violation, 5 upon receipt of the abstract of conviction by the secretary of 6 state, the violation shall be noted on the driver's record, but 7 no points shall be assessed against his or her driver's license. 8 (10) POINTS SHALL NOT BE ENTERED UPON THE DRIVING RECORD OF 9 A PERSON WHO, WITHIN 60 DAYS AFTER HE OR SHE IS CONVICTED OF OR 10 FOUND RESPONSIBLE FOR A VIOLATION FOR WHICH POINTS MAY OTHERWISE 11 BE ENTERED UNDER THIS SECTION, DOES ALL OF THE FOLLOWING: 12 (A) SUCCESSFULLY COMPLETES A COURSE OF DRIVER IMPROVEMENT 13 INSTRUCTION AT A DRIVER IMPROVEMENT SCHOOL RECOGNIZED BY THE SEC- 14 RETARY OF STATE. 15 (B) PRESENTS A DRIVER IMPROVEMENT CERTIFICATE FOR SUCCESS- 16 FULLY COMPLETING THAT COURSE OF DRIVER IMPROVEMENT INSTRUCTION TO 17 THE SECRETARY OF STATE. 18 (11) SUBSECTION (10) DOES NOT APPLY IF ANY OF THE FOLLOWING 19 CIRCUMSTANCES EXIST: 20 (A) THE PERSON WAS PREVIOUSLY ALLOWED A WAIVER OF POINTS AS 21 PROVIDED UNDER SUBSECTION (10) WITHIN 1 YEAR BEFORE THE DATE OF 22 CONVICTION OR FINDING OF RESPONSIBILITY FOR THE VIOLATION FOR 23 WHICH A WAIVER OF POINTS IS SOUGHT. 24 (B) THE PERSON WAS PREVIOUSLY ALLOWED A WAIVER OF POINTS AS 25 PROVIDED UNDER SUBSECTION (10) FOR 3 OTHER VIOLATIONS. 26 (C) THE CONVICTION OR FINDING OF RESPONSIBILITY IS FOR ANY 27 OF THE FOLLOWING VIOLATIONS: 00358'01 6 1 (i) FLEEING OR ELUDING A POLICE OR CONSERVATION OFFICER IN 2 VIOLATION OF SECTION 602A OF THIS ACT, OR IN VIOLATION OF SECTION 3 479A OF THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.479A. 4 (ii) FAILING TO STOP AND DISCLOSE IDENTITY AT THE SCENE OF 5 AN ACCIDENT IN VIOLATION OF SECTION 617, 617A, OR 618. 6 (iii) OPERATING A MOTOR VEHICLE UNDER THE INFLUENCE OF AN 7 INTOXICATING LIQUOR OR A CONTROLLED SUBSTANCE, OR A COMBINATION 8 OF AN INTOXICATING LIQUOR AND A CONTROLLED SUBSTANCE, OR WHILE 9 HAVING A BLOOD ALCOHOL CONTENT OF 0.10 GRAMS OR MORE PER 100 MIL- 10 LILITERS OF BLOOD, PER 210 LITERS OF BREATH, OR PER 67 MILLILI- 11 TERS OF URINE IN VIOLATION OF SECTION 625 OR A LOCAL ORDINANCE 12 SUBSTANTIALLY CORRESPONDING TO SECTION 625. 13 (iv) OPERATING A MOTOR VEHICLE WHILE VISIBLY IMPAIRED BY THE 14 CONSUMPTION OF AN INTOXICATING LIQUOR OR A CONTROLLED SUBSTANCE, 15 OR A COMBINATION OF AN INTOXICATING LIQUOR AND A CONTROLLED SUB- 16 STANCE IN VIOLATION OF SECTION 625 OR A LOCAL ORDINANCE SUBSTAN- 17 TIALLY CORRESPONDING TO SECTION 625. 18 (v) RECKLESS DRIVING IN VIOLATION OF SECTION 626. 19 (vi) MANSLAUGHTER IN VIOLATION OF SECTION 321 OF THE 20 MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.321. 21 (vii) NEGLIGENT HOMICIDE IN VIOLATION OF SECTION 324 OF THE 22 MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.324. 23 (12) THE SECRETARY OF STATE SHALL INFORM EACH PERSON WHO 24 CONTACTS A SECRETARY OF STATE OFFICE PURSUANT TO SECTION 727C OR 25 743 OF THE PERSON'S ELIGIBILITY FOR A WAIVER OF POINTS AS PRO- 26 VIDED UNDER THIS SECTION AND SHALL PROVIDE THOSE PERSONS WITH 00358'01 7 1 INFORMATION REGARDING THE AVAILABILITY OF DRIVER IMPROVEMENT 2 INSTRUCTION. 3 Sec. 727c. (1) As used in this act, "citation" means a com- 4 plaint or notice upon which a police officer shall record an 5 occurrence involving 1 or more vehicle law violations by the 6 person cited. Each citation shall be numbered consecutively, be 7 in a form as determined by the secretary of state, the attorney 8 general, the state court administrator, and the director of the 9 department of state police and shall consist of the following 10 parts: 11 (a) The original which shall be a complaint or notice to 12 appear by the officer and shall be filed with the court in which 13 the appearance is to be made. 14 (b) The first copy which shall be retained by the local 15 traffic enforcement agency. 16 (c) The second copy which shall be delivered to the alleged 17 violator if the violation is a misdemeanor. 18 (d) The third copy which shall be delivered to the alleged 19 violator if the violation is a civil infraction. 20 (2) With the prior approval of the state officials enumer- 21 ated in subsection (1), the citation may be appropriately modi- 22 fied as to content or number of copies to accommodate law 23 enforcement and local court procedures and practices. Use of 24 this citation for other than moving violations is optional. 25 (3) For purposes of this act, a complaint signed by a police 26 officer shall be treated as made under oath if the violation 27 alleged in the complaint is either a civil infraction or a 00358'01 8 1 misdemeanor or ordinance violation for which the maximum 2 permissible penalty does not exceed 93 days in jail or a fine, or 3 both, and occurred or was committed in the signing officer's 4 presence or under circumstances permitting the officer's issuance 5 of a citation under section 625a or 728(8), and if the complaint 6 contains the following statement immediately above the date and 7 signature of the officer: 8 "I declare under the penalties of perjury that the state- 9 ments above are true to the best of my information, knowledge, 10 and belief." 11 (4) A CITATION ISSUED FOR A VIOLATION FOR WHICH POINTS MAY 12 BE ENTERED SHALL CONTAIN BOTH OF THE FOLLOWING: 13 (A) A STATEMENT THAT POINTS FOR THE VIOLATION MAY BE WAIVED 14 AS PROVIDED UNDER SECTION 320A. 15 (B) A STATEMENT THAT THE PERSON MAY CONTACT ANY SECRETARY OF 16 STATE OFFICE TO OBTAIN INFORMATION AS TO WHETHER HE OR SHE IS 17 ELIGIBLE FOR A WAIVER OF POINTS AS PROVIDED UNDER SECTION 320A 18 AND TO OBTAIN INFORMATION REGARDING THE AVAILABILITY OF DRIVER 19 IMPROVEMENT INSTRUCTION. 20 Sec. 743. (1) A citation issued pursuant to section 742 21 shall contain the name of the state or political subdivision 22 acting as plaintiff, the name and address of the person to whom 23 the citation is issued, the civil infraction alleged, the place 24 where the person shall appear in court, the telephone number of 25 the court, the time at or by which the appearance shall be made, 26 and the additional information required by this section. 00358'01 9 1 (2) The citation shall inform the defendant to the effect 2 that he or she, at or by the time specified for appearance, may: 3 (a) Admit responsibility for the civil infraction in person, 4 by representation, or by mail. 5 (b) Admit responsibility for the civil infraction "with 6 explanation" in person, by representation, or by mail. 7 (c) Deny responsibility for the civil infraction by doing 8 either of the following: 9 (i) Appearing in person for an informal hearing before a 10 district court magistrate, a referee of the recorder's court of 11 the city of Detroit--traffic and ordinance division, or a judge, 12 without the opportunity of being represented by an attorney. 13 (ii) Appearing in court for a formal hearing before a judge, 14 with the opportunity of being represented by an attorney. 15 (3) The citation shall inform the defendant that if the 16 person desires to admit responsibility "with explanation" other 17 than by mail or to have an informal hearing or a formal hearing, 18 the person must apply to the court in person, by mail, or by 19 telephone, within the time specified for appearance and obtain a 20 scheduled date and time to appear for a hearing. A hearing date 21 may be specified on the citation. 22 (4) The citation shall contain a notice in boldface type 23 that the failure of a person to appear within the time specified 24 in the citation or at the time scheduled for a hearing or appear- 25 ance will result in entry of a default judgment against the 26 person and in the immediate suspension of the person's operator's 27 or chauffeur's license. Timely application to the court for a 00358'01 10 1 hearing or return of the citation with an admission of 2 responsibility and with full payment of applicable civil fines 3 and costs constitute a timely appearance. 4 (5) If the citation is issued to a person who is operating a 5 commercial motor vehicle, the citation shall contain a vehicle 6 group designation and indorsement description of the vehicle, 7 which vehicle is operated by the person at the time of the 8 alleged civil infraction. 9 (6) A CITATION ISSUED FOR A VIOLATION FOR WHICH POINTS MAY 10 BE ENTERED SHALL CONTAIN BOTH OF THE FOLLOWING: 11 (A) A STATEMENT THAT POINTS FOR THE VIOLATION MAY BE WAIVED 12 AS PROVIDED UNDER SECTION 320A. 13 (B) A STATEMENT THAT THE PERSON MAY CONTACT ANY SECRETARY OF 14 STATE OFFICE TO OBTAIN INFORMATION AS TO WHETHER HE OR SHE IS 15 ELIGIBLE FOR A WAIVER OF POINTS AS PROVIDED UNDER SECTION 320A 16 AND TO OBTAIN INFORMATION REGARDING THE AVAILABILITY OF DRIVER 17 IMPROVEMENT INSTRUCTION. 00358'01 Final page. 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