SENATE BILL No. 347

 

 

May 24, 2019, Introduced by Senator ALEXANDER and referred to the Committee on Judiciary and Public Safety.

 

 

 

     A bill to amend 1949 PA 300, entitled

 

"Michigan vehicle code,"

 

by amending section 625 (MCL 257.625), as amended by 2017 PA 153.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 625. (1) A person, whether licensed or not, shall not

 

operate a vehicle upon a highway or other place open to the general

 

public or generally accessible to motor vehicles, including an area

 

designated for the parking of vehicles, within this state if the

 

person is operating while intoxicated. As used in this section,

 

"operating while intoxicated" means any of the following:

 

     (a) The person is under the influence of alcoholic liquor, a

 

controlled substance, or other intoxicating substance or a


combination of alcoholic liquor, a controlled substance, or other

 

intoxicating substance.

 

     (b) The person has an alcohol content of 0.08 grams or more

 

per 100 milliliters of blood, per 210 liters of breath, or per 67

 

milliliters of urine or, beginning October 1, 2021, the person has

 

an alcohol content of 0.10 grams or more per 100 milliliters of

 

blood, per 210 liters of breath, or per 67 milliliters of urine.

 

     (c) The person has an alcohol content of 0.17 grams or more

 

per 100 milliliters of blood, per 210 liters of breath, or per 67

 

milliliters of urine.

 

     (2) The owner of a vehicle or a person in charge or in control

 

of a vehicle shall not authorize or knowingly permit the vehicle to

 

be operated upon a highway or other place open to the general

 

public or generally accessible to motor vehicles, including an area

 

designated for the parking of motor vehicles, within this state by

 

a person if any of the following apply:

 

     (a) The person is under the influence of alcoholic liquor, a

 

controlled substance, other intoxicating substance, or a

 

combination of alcoholic liquor, a controlled substance, or other

 

intoxicating substance.

 

     (b) The person has an alcohol content of 0.08 grams or more

 

per 100 milliliters of blood, per 210 liters of breath, or per 67

 

milliliters of urine or, beginning October 1, 2021, the person has

 

an alcohol content of 0.10 grams or more per 100 milliliters of

 

blood, per 210 liters of breath, or per 67 milliliters of urine.

 

     (c) The person's ability to operate the motor vehicle is

 

visibly impaired due to the consumption of alcoholic liquor, a


controlled substance, or other intoxicating substance, or a

 

combination of alcoholic liquor, a controlled substance, or other

 

intoxicating substance.

 

     (3) A person, whether licensed or not, shall not operate a

 

vehicle upon a highway or other place open to the general public or

 

generally accessible to motor vehicles, including an area

 

designated for the parking of vehicles, within this state when, due

 

to the consumption of alcoholic liquor, a controlled substance, or

 

other intoxicating substance, or a combination of alcoholic liquor,

 

a controlled substance, or other intoxicating substance, the

 

person's ability to operate the vehicle is visibly impaired. If a

 

person is charged with violating subsection (1), a finding of

 

guilty under this subsection may be rendered.

 

     (4) A person, whether licensed or not, who operates a motor

 

vehicle in violation of subsection (1), (3), or (8) and by the

 

operation of that motor vehicle causes the death of another person

 

is guilty of a crime as follows:

 

     (a) Except as provided in subdivisions (b) and (c), the person

 

is guilty of a felony punishable by imprisonment for not more than

 

15 years or a fine of not less than $2,500.00 or more than

 

$10,000.00, or both. The judgment of sentence may impose the

 

sanction permitted under section 625n. If the vehicle is not

 

ordered forfeited under section 625n, the court shall order vehicle

 

immobilization under section 904d in the judgment of sentence.

 

     (b) If the violation occurs while the person has an alcohol

 

content of 0.17 grams or more per 100 milliliters of blood, per 210

 

liters of breath, or per 67 milliliters of urine, and within 7


years of a prior conviction, the person is guilty of a felony

 

punishable by imprisonment for not more than 20 years or a fine of

 

not less than $2,500.00 or more than $10,000.00, or both. The

 

judgment of sentence may impose the sanction permitted under

 

section 625n. If the vehicle is not ordered forfeited under section

 

625n, the court shall order vehicle immobilization under section

 

904d in the judgment of sentence.

 

     (c) If, at the time of the violation, the person is operating

 

a motor vehicle in a manner proscribed under section 653a and

 

causes the death of a police officer, firefighter, or other

 

emergency response personnel, the person is guilty of a felony

 

punishable by imprisonment for not more than 20 years or a fine of

 

not less than $2,500.00 or more than $10,000.00, or both. This

 

subdivision applies regardless of whether the person is charged

 

with the violation of section 653a. The judgment of sentence may

 

impose the sanction permitted under section 625n. If the vehicle is

 

not ordered forfeited under section 625n, the court shall order

 

vehicle immobilization under section 904d in the judgment of

 

sentence.

 

     (5) A person, whether licensed or not, who operates a motor

 

vehicle in violation of subsection (1), (3), or (8) and by the

 

operation of that motor vehicle causes a serious impairment of a

 

body function of another person is guilty of a crime as follows:

 

     (a) Except as provided in subdivision (b), the person is

 

guilty of a felony punishable by imprisonment for not more than 5

 

years or a fine of not less than $1,000.00 or more than $5,000.00,

 

or both. The judgment of sentence may impose the sanction permitted


under section 625n. If the vehicle is not ordered forfeited under

 

section 625n, the court shall order vehicle immobilization under

 

section 904d in the judgment of sentence.

 

     (b) If the violation occurs while the person has an alcohol

 

content of 0.17 grams or more per 100 milliliters of blood, per 210

 

liters of breath, or per 67 milliliters of urine, and within 7

 

years of a prior conviction, the person is guilty of a felony

 

punishable by imprisonment for not more than 10 years or a fine of

 

not less than $1,000.00 or more than $5,000.00, or both. The

 

judgment of sentence may impose the sanction permitted under

 

section 625n. If the vehicle is not ordered forfeited under section

 

625n, the court shall order vehicle immobilization under section

 

904d in the judgment of sentence.

 

     (6) A person who is less than 21 years of age, whether

 

licensed or not, shall not operate a vehicle upon a highway or

 

other place open to the general public or generally accessible to

 

motor vehicles, including an area designated for the parking of

 

vehicles, within this state if the person has any bodily alcohol

 

content. As used in this subsection, "any bodily alcohol content"

 

means either of the following:

 

     (a) An alcohol content of 0.02 grams or more but less than

 

0.08 grams per 100 milliliters of blood, per 210 liters of breath,

 

or per 67 milliliters of urine or, beginning October 1, 2021, the

 

person has an alcohol content of 0.02 grams or more but less than

 

0.10 grams per 100 milliliters of blood, per 210 liters of breath,

 

or per 67 milliliters of urine.

 

     (b) Any presence of alcohol within a person's body resulting


from the consumption of alcoholic liquor, other than consumption of

 

alcoholic liquor as a part of a generally recognized religious

 

service or ceremony.

 

     (7) A person, whether licensed or not, is subject to the

 

following requirements:

 

     (a) He or she shall not operate a vehicle in violation of

 

subsection (1), (3), (4), (5), or (8) while another person who is

 

less than 16 years of age is occupying the vehicle. A person who

 

violates this subdivision is guilty of a crime punishable as

 

follows:

 

     (i) Except as provided in subparagraph (ii), a person who

 

violates this subdivision is guilty of a misdemeanor and must be

 

sentenced to pay a fine of not less than $200.00 or more than

 

$1,000.00 and to 1 or more of the following:

 

     (A) Imprisonment for not less than 5 days or more than 1 year.

 

Not less than 48 hours of this imprisonment must be served

 

consecutively. This term of imprisonment must not be suspended.

 

     (B) Community service for not less than 30 days or more than

 

90 days.

 

     (ii) If the violation occurs within 7 years of a prior

 

conviction or after 2 or more prior convictions, regardless of the

 

number of years that have elapsed since any prior conviction, a

 

person who violates this subdivision is guilty of a felony and must

 

be sentenced to pay a fine of not less than $500.00 or more than

 

$5,000.00 and to either of the following:

 

     (A) Imprisonment under the jurisdiction of the department of

 

corrections for not less than 1 year or more than 5 years.


     (B) Probation with imprisonment in the county jail for not

 

less than 30 days or more than 1 year and community service for not

 

less than 60 days or more than 180 days. Not less than 48 hours of

 

this imprisonment must be served consecutively. This term of

 

imprisonment must not be suspended.

 

     (b) He or she shall not operate a vehicle in violation of

 

subsection (6) while another person who is less than 16 years of

 

age is occupying the vehicle. A person who violates this

 

subdivision is guilty of a misdemeanor punishable as follows:

 

     (i) Except as provided in subparagraph (ii), a person who

 

violates this subdivision may be sentenced to 1 or more of the

 

following:

 

     (A) Community service for not more than 60 days.

 

     (B) A fine of not more than $500.00.

 

     (C) Imprisonment for not more than 93 days.

 

     (ii) If the violation occurs within 7 years of a prior

 

conviction or after 2 or more prior convictions, regardless of the

 

number of years that have elapsed since any prior conviction, a

 

person who violates this subdivision must be sentenced to pay a

 

fine of not less than $200.00 or more than $1,000.00 and to 1 or

 

more of the following:

 

     (A) Imprisonment for not less than 5 days or more than 1 year.

 

Not less than 48 hours of this imprisonment must be served

 

consecutively. This term of imprisonment must not be suspended.

 

     (B) Community service for not less than 30 days or more than

 

90 days.

 

     (c) In the judgment of sentence under subdivision (a)(i) or


(b)(i), the court may, unless the vehicle is ordered forfeited

 

under section 625n, order vehicle immobilization as provided in

 

section 904d. In the judgment of sentence under subdivision (a)(ii)

 

or (b)(ii), the court shall, unless the vehicle is ordered

 

forfeited under section 625n, order vehicle immobilization as

 

provided in section 904d.

 

     (d) This subsection does not prohibit a person from being

 

charged with, convicted of, or punished for a violation of

 

subsection (4) or (5) that is committed by the person while

 

violating this subsection. However, points shall not be assessed

 

under section 320a for both a violation of subsection (4) or (5)

 

and a violation of this subsection for conduct arising out of the

 

same transaction.

 

     (8) A person, whether licensed or not, shall not operate a

 

vehicle upon a highway or other place open to the general public or

 

generally accessible to motor vehicles, including an area

 

designated for the parking of vehicles, within this state if the

 

person has any of the following in his or her body: any

 

     (a) Any amount of a controlled substance listed in schedule 1

 

under section 7212 of the public health code, 1978 PA 368, MCL

 

333.7212, or a rule promulgated under that section, or other than

 

marihuana.

 

     (b) Marihuana, as shown by 5 or more nanograms per milliliter

 

of blood of any of the following:

 

     (i) Delta 9-tetrahydrocannabinol (delta 9-THC).

 

     (ii) 11-hydroxy-delta 9-tetrahydrocannabinol (11-OH-THC).

 

     (iii) 11-nor-9-carbox-delta 9-tetrahydrocannabinol (THC-COOH).


     (c) Any amount of a controlled substance described in section

 

7214(a)(iv) of the public health code, 1978 PA 368, MCL 333.7214.

 

     (9) If a person is convicted of violating subsection (1) or

 

(8), all of the following apply:

 

     (a) Except as otherwise provided in subdivisions (b) and (c),

 

the person is guilty of a misdemeanor punishable by 1 or more of

 

the following:

 

     (i) Community service for not more than 360 hours.

 

     (ii) Imprisonment for not more than 93 days, or, if the person

 

is convicted of violating subsection (1)(c), imprisonment for not

 

more than 180 days.

 

     (iii) A fine of not less than $100.00 or more than $500.00,

 

or, if the person is guilty of violating subsection (1)(c), a fine

 

of not less than $200.00 or more than $700.00.

 

     (b) If the violation occurs within 7 years of a prior

 

conviction, the person must be sentenced to pay a fine of not less

 

than $200.00 or more than $1,000.00 and 1 or more of the following:

 

     (i) Imprisonment for not less than 5 days or more than 1 year.

 

Not less than 48 hours of the term of imprisonment imposed under

 

this subparagraph must be served consecutively.

 

     (ii) Community service for not less than 30 days or more than

 

90 days.

 

     (c) If the violation occurs after 2 or more prior convictions,

 

regardless of the number of years that have elapsed since any prior

 

conviction, the person is guilty of a felony and must be sentenced

 

to pay a fine of not less than $500.00 or more than $5,000.00 and

 

to either of the following:


     (i) Imprisonment under the jurisdiction of the department of

 

corrections for not less than 1 year or more than 5 years.

 

     (ii) Probation with imprisonment in the county jail for not

 

less than 30 days or more than 1 year and community service for not

 

less than 60 days or more than 180 days. Not less than 48 hours of

 

the imprisonment imposed under this subparagraph must be served

 

consecutively.

 

     (d) A term of imprisonment imposed under subdivision (b) or

 

(c) must not be suspended.

 

     (e) In the judgment of sentence under subdivision (a), the

 

court may order vehicle immobilization as provided in section 904d.

 

In the judgment of sentence under subdivision (b) or (c), the court

 

shall, unless the vehicle is ordered forfeited under section 625n,

 

order vehicle immobilization as provided in section 904d.

 

     (f) In the judgment of sentence under subdivision (b) or (c),

 

the court may impose the sanction permitted under section 625n.

 

     (10) A person who is convicted of violating subsection (2) is

 

guilty of a crime as follows:

 

     (a) Except as provided in subdivisions (b) and (c), a

 

misdemeanor punishable by imprisonment for not more than 93 days or

 

a fine of not less than $100.00 or more than $500.00, or both.

 

     (b) If the person operating the motor vehicle violated

 

subsection (4), a felony punishable by imprisonment for not more

 

than 5 years or a fine of not less than $1,500.00 or more than

 

$10,000.00, or both.

 

     (c) If the person operating the motor vehicle violated

 

subsection (5), a felony punishable by imprisonment for not more


than 2 years or a fine of not less than $1,000.00 or more than

 

$5,000.00, or both.

 

     (11) If a person is convicted of violating subsection (3), all

 

of the following apply:

 

     (a) Except as otherwise provided in subdivisions (b) and (c),

 

the person is guilty of a misdemeanor punishable by 1 or more of

 

the following:

 

     (i) Community service for not more than 360 hours.

 

     (ii) Imprisonment for not more than 93 days.

 

     (iii) A fine of not more than $300.00.

 

     (b) If the violation occurs within 7 years of 1 prior

 

conviction, the person must be sentenced to pay a fine of not less

 

than $200.00 or more than $1,000.00, and 1 or more of the

 

following:

 

     (i) Imprisonment for not less than 5 days or more than 1 year.

 

Not less than 48 hours of the term of imprisonment imposed under

 

this subparagraph must be served consecutively.

 

     (ii) Community service for not less than 30 days or more than

 

90 days.

 

     (c) If the violation occurs after 2 or more prior convictions,

 

regardless of the number of years that have elapsed since any prior

 

conviction, the person is guilty of a felony and must be sentenced

 

to pay a fine of not less than $500.00 or more than $5,000.00 and

 

either of the following:

 

     (i) Imprisonment under the jurisdiction of the department of

 

corrections for not less than 1 year or more than 5 years.

 

     (ii) Probation with imprisonment in the county jail for not


less than 30 days or more than 1 year and community service for not

 

less than 60 days or more than 180 days. Not less than 48 hours of

 

the imprisonment imposed under this subparagraph must be served

 

consecutively.

 

     (d) A term of imprisonment imposed under subdivision (b) or

 

(c) must not be suspended.

 

     (e) In the judgment of sentence under subdivision (a), the

 

court may order vehicle immobilization as provided in section 904d.

 

In the judgment of sentence under subdivision (b) or (c), the court

 

shall, unless the vehicle is ordered forfeited under section 625n,

 

order vehicle immobilization as provided in section 904d.

 

     (f) In the judgment of sentence under subdivision (b) or (c),

 

the court may impose the sanction permitted under section 625n.

 

     (12) If a person is convicted of violating subsection (6), all

 

of the following apply:

 

     (a) Except as otherwise provided in subdivision (b), the

 

person is guilty of a misdemeanor punishable by 1 or both of the

 

following:

 

     (i) Community service for not more than 360 hours.

 

     (ii) A fine of not more than $250.00.

 

     (b) If the violation occurs within 7 years of 1 or more prior

 

convictions, the person may be sentenced to 1 or more of the

 

following:

 

     (i) Community service for not more than 60 days.

 

     (ii) A fine of not more than $500.00.

 

     (iii) Imprisonment for not more than 93 days.

 

     (13) In addition to imposing the sanctions prescribed under


this section, the court may order the person to pay the costs of

 

the prosecution under the code of criminal procedure, 1927 PA 175,

 

MCL 760.1 to 777.69.

 

     (14) A person sentenced to perform community service under

 

this section must not receive compensation and must reimburse the

 

state or appropriate local unit of government for the cost of

 

supervision incurred by the state or local unit of government as a

 

result of the person's activities in that service.

 

     (15) If the prosecuting attorney intends to seek an enhanced

 

sentence under this section or a sanction under section 625n based

 

upon the defendant having 1 or more prior convictions, the

 

prosecuting attorney shall include on the complaint and

 

information, or an amended complaint and information, filed in

 

district court, circuit court, municipal court, or family division

 

of circuit court, a statement listing the defendant's prior

 

convictions.

 

     (16) If a person is charged with a violation of subsection

 

(1), (3), (4), (5), (7), or (8) or section 625m, the court shall

 

not permit the defendant to enter a plea of guilty or nolo

 

contendere to a charge of violating subsection (6) in exchange for

 

dismissal of the original charge. This subsection does not prohibit

 

the court from dismissing the charge upon the prosecuting

 

attorney's motion.

 

     (17) A prior conviction must be established at sentencing by 1

 

or more of the following:

 

     (a) A copy of a judgment of conviction.

 

     (b) An abstract of conviction.


     (c) A transcript of a prior trial or a plea-taking or

 

sentencing proceeding.

 

     (d) A copy of a court register of actions.

 

     (e) A copy of the defendant's driving record.

 

     (f) Information contained in a presentence report.

 

     (g) An admission by the defendant.

 

     (18) Except as otherwise provided in subsection (20), if a

 

person is charged with operating a vehicle while under the

 

influence of a controlled substance or other intoxicating substance

 

or a combination of alcoholic liquor, a controlled substance, or

 

other intoxicating substance in violation of subsection (1) or a

 

local ordinance substantially corresponding to subsection (1), the

 

court shall require the jury to return a special verdict in the

 

form of a written finding or, if the court convicts the person

 

without a jury or accepts a plea of guilty or nolo contendere, the

 

court shall make a finding as to whether the person was under the

 

influence of a controlled substance or other intoxicating substance

 

or a combination of alcoholic liquor, a controlled substance, or

 

other intoxicating substance at the time of the violation.

 

     (19) Except as otherwise provided in subsection (20), if a

 

person is charged with operating a vehicle while his or her ability

 

to operate the vehicle was visibly impaired due to his or her

 

consumption of a controlled substance or other intoxicating

 

substance or a combination of alcoholic liquor, a controlled

 

substance, or other intoxicating substance in violation of

 

subsection (3) or a local ordinance substantially corresponding to

 

subsection (3), the court shall require the jury to return a


special verdict in the form of a written finding or, if the court

 

convicts the person without a jury or accepts a plea of guilty or

 

nolo contendere, the court shall make a finding as to whether, due

 

to the consumption of a controlled substance or a combination of

 

alcoholic liquor, a controlled substance, or other intoxicating

 

substance, the person's ability to operate a motor vehicle was

 

visibly impaired at the time of the violation.

 

     (20) A special verdict described in subsections (18) and (19)

 

is not required if a jury is instructed to make a finding solely as

 

to either of the following:

 

     (a) Whether the defendant was under the influence of a

 

controlled substance or a combination of alcoholic liquor, a

 

controlled substance, or other intoxicating substance at the time

 

of the violation.

 

     (b) Whether the defendant was visibly impaired due to his or

 

her consumption of a controlled substance or a combination of

 

alcoholic liquor, a controlled substance, or other intoxicating

 

substance at the time of the violation.

 

     (21) If a jury or court finds under subsection (18), (19), or

 

(20) that the defendant operated a motor vehicle under the

 

influence of or while impaired due to the consumption of a

 

controlled substance or a combination of a controlled substance, an

 

alcoholic liquor, or other intoxicating substance, the court shall

 

do both of the following:

 

     (a) Report the finding to the secretary of state.

 

     (b) On a form or forms prescribed by the state court

 

administrator, forward to the department of state police a record


that specifies the penalties imposed by the court, including any

 

term of imprisonment, and any sanction imposed under section 625n

 

or 904d.

 

     (22) Except as otherwise provided by law, a record described

 

in subsection (21)(b) is a public record and the department of

 

state police shall retain the information contained on that record

 

for not less than 7 years.

 

     (23) In a prosecution for a violation of subsection (6), the

 

defendant bears the burden of proving that the consumption of

 

alcoholic liquor was a part of a generally recognized religious

 

service or ceremony by a preponderance of the evidence.

 

     (24) The court may order as a condition of probation that a

 

person convicted of violating subsection (1) or (8), or a local

 

ordinance substantially corresponding to subsection (1) or (8),

 

shall not operate a motor vehicle unless that vehicle is equipped

 

with an ignition interlock device approved, certified, and

 

installed as required under sections 625k and 625l.

 

     (25) As used in this section:

 

     (a) "Intoxicating substance" means any substance, preparation,

 

or a combination of substances and preparations other than alcohol

 

or a controlled substance, that is either of the following:

 

     (i) Recognized as a drug in any of the following publications

 

or their supplements:

 

     (A) The official United States Pharmacopoeia.

 

     (B) The official Homeopathic Pharmacopoeia of the United

 

States.

 

     (C) The official National Formulary.


     (ii) A substance, other than food, taken into a person's body,

 

including, but not limited to, vapors or fumes, that is used in a

 

manner or for a purpose for which it was not intended, and that may

 

result in a condition of intoxication.

 

     (b) "Prior conviction" means a conviction for any of the

 

following, whether under a law of this state, a local ordinance

 

substantially corresponding to a law of this state, a law of the

 

United States substantially corresponding to a law of this state,

 

or a law of another state substantially corresponding to a law of

 

this state, subject to subsection (27):

 

     (i) Except as provided in subsection (26), a violation or

 

attempted violation of any of the following:

 

     (A) This section, except a violation of subsection (2), or a

 

violation of any prior enactment of this section in which the

 

defendant operated a vehicle while under the influence of

 

intoxicating or alcoholic liquor or a controlled substance, or a

 

combination of intoxicating or alcoholic liquor and a controlled

 

substance, or while visibly impaired, or with an unlawful bodily

 

alcohol content.

 

     (B) Section 625m.

 

     (C) Former section 625b.

 

     (ii) Negligent homicide, manslaughter, or murder resulting

 

from the operation of a vehicle or an attempt to commit any of

 

those crimes.

 

     (iii) Section 601d or 626(3) or (4).

 

     (26) Except for purposes of the enhancement described in

 

subsection (12)(b), only 1 violation or attempted violation of


subsection (6), a local ordinance substantially corresponding to

 

subsection (6), or a law of another state substantially

 

corresponding to subsection (6) may be used as a prior conviction.

 

     (27) If 2 or more convictions described in subsection (25) are

 

convictions for violations arising out of the same transaction,

 

only 1 conviction must be used to determine whether the person has

 

a prior conviction.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.