HOUSE BILL No. 4617

 

 

May 21, 2019, Introduced by Reps. Brenda Carter, Robinson, Haadsma, Coleman, Manoogian, Hood, Kennedy, Kuppa, Lasinski and Jones.

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 907 (MCL 257.907), as amended by 2015 PA 126.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 907. (1) A violation of this act, or a local ordinance

 

substantially corresponding to a provision of this act, that is

 

designated a civil infraction shall must not be considered a lesser

 

included offense of a criminal offense.

 

     (2) If a person is determined under sections 741 to 750 to be

 

responsible or responsible "with explanation" for a civil

 

infraction under this act or a local ordinance substantially

 

corresponding to a provision of this act, the judge or district

 


court magistrate may order the person to pay a civil fine of not

 

more than $100.00 and costs as provided in subsection (4). However,

 

if the civil infraction was a moving violation that resulted in an

 

at-fault collision with another vehicle, a person, or any other

 

object, the civil fine ordered under this section shall must be

 

increased by $25.00 but the total civil fine shall must not exceed

 

$100.00. However, for a violation of section 602b, the person shall

 

must be ordered to pay costs as provided in subsection (4) and a

 

civil fine of $100.00 for a first offense and $200.00 for a second

 

or subsequent offense. For a violation of section 674(1)(s) or a

 

local ordinance substantially corresponding to section 674(1)(s),

 

the person shall must be ordered to pay costs as provided in

 

subsection (4) and a civil fine of not less than $100.00 or more

 

than $250.00. For a violation of section 676c, the person shall

 

must be ordered to pay costs as provided in subsection (4) and a

 

civil fine of $1,000.00. For a violation of section 328, the civil

 

fine ordered under this subsection shall must be not more than

 

$50.00. For a violation of section 710d, the civil fine ordered

 

under this subsection shall must not exceed $10.00, subject to

 

subsection (12). For a violation of section 710e, the civil fine

 

and court costs ordered under this subsection shall must be $25.00.

 

For a violation of section 682 or a local ordinance substantially

 

corresponding to section 682, the person shall must be ordered to

 

pay costs as provided in subsection (4) and a civil fine of not

 

less than $100.00 or more than $500.00. For a violation of section

 

240, the civil fine ordered under this subsection shall must be

 

$15.00. For a violation of section 252a(1), the civil fine ordered


under this subsection shall must be $50.00. For a violation of

 

section 676a(3), the civil fine ordered under this section shall

 

must be not more than $10.00. For a first violation of section

 

319f(1), the civil fine ordered under this section shall must be

 

not less than $2,500.00 or more than $2,750.00; for a second or

 

subsequent violation, the civil fine shall must be not less than

 

$5,000.00 or more than $5,500.00. For a violation of section

 

319g(1)(a), the civil fine ordered under this section shall must be

 

not more than $10,000.00. For a violation of section 319g(1)(g),

 

the civil fine ordered under this section shall must be not less

 

than $2,750.00 or more than $25,000.00. Permission may be granted

 

for payment of a civil fine and costs to be made within a specified

 

period of time or in specified installments, but unless permission

 

is included in the order or judgment, the civil fine and costs

 

shall be are payable immediately.

 

     (3) Except as provided in this subsection, if a person is

 

determined to be responsible or responsible "with explanation" for

 

a civil infraction under this act or a local ordinance

 

substantially corresponding to a provision of this act while

 

driving a commercial motor vehicle, he or she shall must be ordered

 

to pay costs as provided in subsection (4) and a civil fine of not

 

more than $250.00.

 

     (4) If a civil fine is ordered under subsection (2) or (3),

 

the judge or district court magistrate shall summarily tax and

 

determine the costs of the action, which are not limited to the

 

costs taxable in ordinary civil actions, and may include all

 

expenses, direct and indirect, to which the plaintiff has been put


in connection with the civil infraction, up to the entry of

 

judgment. Costs shall must not be ordered in excess of $100.00. A

 

civil fine ordered under subsection (2) or (3) shall must not be

 

waived unless costs ordered under this subsection are waived.

 

Except as otherwise provided by law, costs are payable to the

 

general fund of the plaintiff.

 

     (5) In addition to a civil fine and costs ordered under

 

subsection (2) or (3) and subsection (4) and the justice system

 

assessment ordered under subsection (13), the judge or district

 

court magistrate may order the person to attend and complete a

 

program of treatment, education, or rehabilitation.

 

     (6) A district court magistrate shall impose the sanctions

 

permitted under subsections (2), (3), and (5) only to the extent

 

expressly authorized by the chief judge or only judge of the

 

district court district.

 

     (7) Each district of the district court and each municipal

 

court may establish a schedule of civil fines, costs, and

 

assessments to be imposed for civil infractions that occur within

 

the respective district or city. If a schedule is established, it

 

shall must be prominently posted and readily available for public

 

inspection. A schedule need not include all violations that are

 

designated by law or ordinance as civil infractions. A schedule may

 

exclude cases on the basis of a defendant's prior record of civil

 

infractions or traffic offenses, or a combination of civil

 

infractions and traffic offenses.

 

     (8) The state court administrator shall annually publish and

 

distribute to each district and court a recommended range of civil


fines and costs for first-time civil infractions. This

 

recommendation is not binding upon the courts having jurisdiction

 

over civil infractions but is intended to act as a normative guide

 

for judges and district court magistrates and a basis for public

 

evaluation of disparities in the imposition of civil fines and

 

costs throughout the state.

 

     (9) If a person has received a civil infraction citation for

 

defective safety equipment on a vehicle under section 683, the

 

court shall waive a civil fine, costs, and assessments upon receipt

 

of certification by a law enforcement agency that repair of the

 

defective equipment was made before the appearance date on the

 

citation.

 

     (10) A default in the payment of a civil fine or costs ordered

 

under subsection (2), (3), or (4) or a justice system assessment

 

ordered under subsection (13), or an installment of the fine,

 

costs, or assessment, may be collected by a means authorized for

 

the enforcement of a judgment under chapter 40 of the revised

 

judicature act of 1961, 1961 PA 236, MCL 600.4001 to 600.4065, or

 

under chapter 60 of the revised judicature act of 1961, 1961 PA

 

236, MCL 600.6001 to 600.6098.

 

     (11) If a person fails to comply with an order or judgment

 

issued under this section within the time prescribed by the court,

 

the driver's license of that person shall must be suspended under

 

section 321a until full compliance with that order or judgment

 

occurs. In addition to this suspension, the court may also proceed

 

under section 908.

 

     (12) The court may waive any civil fine, cost, or assessment


against a person who received a civil infraction citation for a

 

violation of section 710d if the person, before the appearance date

 

on the citation, supplies the court with evidence of acquisition ,

 

purchase, or rental of a child seating system meeting the

 

requirements of section 710d and evidence that the person has

 

received education from a certified child passenger safety

 

technician.

 

     (13) In addition to any civil fines or costs ordered to be

 

paid under this section, the judge or district court magistrate

 

shall order the defendant to pay a justice system assessment of

 

$40.00 for each civil infraction determination, except for a

 

parking violation or a violation for which the total fine and costs

 

imposed are $10.00 or less. Upon payment of the assessment, the

 

clerk of the court shall transmit the assessment collected to the

 

state treasury to be deposited into the justice system fund created

 

in section 181 of the revised judicature act of 1961, 1961 PA 236,

 

MCL 600.181. An assessment levied under this subsection is not a

 

civil fine for purposes of section 909.

 

     (14) If a person has received a citation for a violation of

 

section 223, the court shall waive any civil fine, costs, and

 

assessment, upon receipt of certification by a law enforcement

 

agency that the person, before the appearance date on the citation,

 

produced a valid registration certificate that was valid on the

 

date the violation of section 223 occurred.

 

     (15) If a person has received a citation for a violation of

 

section 328(1) for failing to produce a certificate of insurance

 

under section 328(2), the court may waive the fee described in


section 328(3)(c) and shall waive any fine, costs, and any other

 

fee or assessment otherwise authorized under this act upon receipt

 

of verification by the court that the person, before the appearance

 

date on the citation, produced valid proof of insurance that was in

 

effect at the time when the violation of section 328(1) occurred.

 

Insurance obtained subsequent to the time of after the violation

 

occurred does not make the person eligible for a waiver under this

 

subsection.

 

     (16) If a person is determined to be responsible or

 

responsible "with explanation" for a civil infraction under this

 

act or a local ordinance substantially corresponding to a provision

 

of this act and the civil infraction arises out of the ownership or

 

operation of a commercial quadricycle, he or she shall the person

 

must be ordered to pay costs as provided in subsection (4) and a

 

civil fine of not more than $500.00.

 

     (17) As used in this section, "moving violation" means an act

 

or omission prohibited under this act or a local ordinance

 

substantially corresponding to this act that involves the operation

 

of a motor vehicle and for which a fine may be assessed.

 

     Enacting section 1. This amendatory act takes effect 180 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless all of the following bills of the 100th Legislature are

 

enacted into law:

 

     (a) Senate Bill No.____ or House Bill No. 4618 (request no.

 

02193'19).

 

     (b) Senate Bill No.____ or House Bill No. 4619 (request no.


03311'19).