BillCam

SENATE BILL No. 510

July 12, 2017, Introduced by Senator JONES and referred to the Committee on Judiciary.

A bill to amend 1949 PA 300, entitled

"Michigan vehicle code,"

by amending section 732 (MCL 257.732), as amended by 2015 PA 11.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 732. (1) Each municipal judge and each clerk of a court

of record shall keep a full record of every case in which a person

is charged with or cited for a violation of this act or a local

ordinance substantially corresponding to this act regulating the

operation of vehicles on highways and with those offenses

pertaining to the operation of ORVs or snowmobiles for which points

are assessed under section 320a(1)(c) or (i). Except as provided in

subsection (16), the municipal judge or clerk of the court of

record shall prepare and forward to the secretary of state an

abstract of the court record as follows:

(a) Not more than 5 days after a conviction, forfeiture of

bail, or entry of a civil infraction determination or default

judgment upon a charge of or citation for violating or attempting

to violate this act or a local ordinance substantially

corresponding to this act regulating the operation of vehicles on

highways.

(b) Immediately for each case charging a violation of section

625(1), (3), (4), (5), (6), (7), or (8) or section 625m or a local

ordinance substantially corresponding to section 625(1), (3), (6),

or (8) or section 625m in which the charge is dismissed or the

defendant is acquitted.

82127(1) or (3), or 81134, or 81135 of the natural resources and

environmental protection act, 1994 PA 451, MCL 324.82127, and

324.81134, and 324.81135, or a local ordinance substantially

corresponding to those sections.

(2) If a city or village department, bureau, or person is

authorized to accept a payment of money as a settlement for a

violation of a local ordinance substantially corresponding to this

act, the city or village department, bureau, or person shall send a

full report of each case in which a person pays any amount of money

to the city or village department, bureau, or person to the

secretary of state upon a form prescribed by the secretary of

state.

(3) The abstract or report required under this section shall

be made upon a form furnished by the secretary of state. An

abstract shall be certified by signature, stamp, or facsimile

signature of the person required to prepare the abstract as

correct. An abstract or report shall include all of the following:

(a) The name, address, and date of birth of the person charged

or cited.

(b) The number of the person's operator's or chauffeur's

license, if any.

(d) The type of vehicle driven at the time of the violation

and, if the vehicle is a commercial motor vehicle, that vehicle's

group designation.

(e) The date of the conviction, finding, forfeiture, judgment,

or civil infraction determination.

(f) Whether bail was forfeited.

(g) Any license restriction, suspension, or denial ordered by

the court as provided by law.

(h) The vehicle identification number and registration plate

number of all vehicles that are ordered immobilized or forfeited.

(i) Other information considered necessary to the secretary of

state.

(4) The clerk of the court also shall forward an abstract of

the court record to the secretary of state upon a person's

conviction or, for the purposes of subdivision (d), a finding or

admission of responsibility, involving any of the following:

(a) A violation of section 413, 414, or 479a of the Michigan

penal code, 1931 PA 328, MCL 750.413, 750.414, and 750.479a.

(b) A violation of section 1 of former 1931 PA 214.

the operation of a vehicle.

(d) A violation of sections 701(1) and 703 of the Michigan

liquor control code of 1998, 1998 PA 58, MCL 436.1701 and 436.1703,

or a local ordinance substantially corresponding to those sections.

(e) A violation of section 411a(2) of the Michigan penal code,

1931 PA 328, MCL 750.411a.

(f) A violation of motor carrier safety regulations 49 CFR

392.10 or 392.11 as adopted by section 1a of the motor carrier

safety act of 1963, 1963 PA 181, MCL 480.11a.

(g) A violation of section 57 of the pupil transportation act,

1990 PA 187, MCL 257.1857.

(h) A violation of motor carrier safety regulations 49 CFR

392.10 or 392.11 as adopted by section 31 of the motor bus

transportation act, 1982 PA 432, MCL 474.131.

(h) (i) An attempt to violate, a conspiracy to violate, or a

violation of part 74 of the public health code, 1978 PA 368, MCL

333.7401 to 333.7461, or a local ordinance that prohibits conduct

prohibited under part 74 of the public health code, 1978 PA 368,

MCL 333.7401 to 333.7461, unless the convicted person is sentenced

to life imprisonment or a minimum term of imprisonment that exceeds

1 year for the offense.

(i) (j) An attempt to commit an offense described in

subdivisions (a) to (h).(g).

(j) (k) A violation of chapter LXXXIII-A of the Michigan penal

code, 1931 PA 328, MCL 750.543a to 750.543z.

(k) (l) A violation of section 3101, 3102(1), or 3103 of the

insurance code of 1956, 1956 PA 218, MCL 500.3101, 500.3102, and

500.3103.

(l) (m) A violation listed as a disqualifying offense under 49

CFR 383.51.

(5) The clerk of the court shall also forward an abstract of

the court record to the secretary of state if a person has pled

guilty to, or offered a plea of admission in a juvenile proceeding

for, a violation of section 703 of the Michigan liquor control code

of 1998, 1998 PA 58, MCL 436.1703, or a local ordinance

substantially corresponding to that section, and has had further

proceedings deferred under that section. If the person is sentenced

to a term of probation and terms and conditions of probation are

fulfilled and the court discharges the individual and dismisses the

proceedings, the court shall also report the dismissal to the

secretary of state.

(6) As used in subsections (7) to (9), "felony in which a

motor vehicle was used" means a felony during the commission of

which the person operated a motor vehicle and while operating the

vehicle presented real or potential harm to persons or property and

1 or more of the following circumstances existed:

(a) The vehicle was used as an instrument of the felony.

(b) The vehicle was used to transport a victim of the felony.

(d) The vehicle was necessary for the commission of the

felony.

(7) If a person is charged with a felony in which a motor

vehicle was used, other than a felony specified in subsection (4)

or section 319, the prosecuting attorney shall include the

following statement on the complaint and information filed in

district or circuit court:

"You are charged with the commission of a felony in which a

motor vehicle was used. If you are convicted and the judge finds

that the conviction is for a felony in which a motor vehicle was

used, as defined in section 319 of the Michigan vehicle code, 1949

PA 300, MCL 257.319, your driver's license shall be suspended by

the secretary of state.".

(8) If a juvenile is accused of an act, the nature of which

constitutes a felony in which a motor vehicle was used, other than

a felony specified in subsection (4) or section 319, the

prosecuting attorney or family division of circuit court shall

include the following statement on the petition filed in the court:

"You are accused of an act the nature of which constitutes a

felony in which a motor vehicle was used. If the accusation is

found to be true and the judge or referee finds that the nature of

the act constitutes a felony in which a motor vehicle was used, as

defined in section 319 of the Michigan vehicle code, 1949 PA 300,

MCL 257.319, your driver's license shall be suspended by the

secretary of state.".

(9) If the court determines as part of the sentence or

disposition that the felony for which the person was convicted or

adjudicated and with respect to which notice was given under

subsection (7) or (8) is a felony in which a motor vehicle was

used, the clerk of the court shall forward an abstract of the court

record of that conviction to the secretary of state.

(10) As used in subsections (11) and (12), "felony in which a

commercial motor vehicle was used" means a felony during the

commission of which the person operated a commercial motor vehicle

and while the person was operating the vehicle 1 or more of the

following circumstances existed:

(a) The vehicle was used as an instrument of the felony.

(b) The vehicle was used to transport a victim of the felony.

(d) The vehicle was necessary for the commission of the

felony.

(11) If a person is charged with a felony in which a

commercial motor vehicle was used and for which a vehicle group

designation on a license is subject to suspension or revocation

under section 319b(1)(c)(iii), 319b(1)(d), 319b(1)(e)(iii), or

319b(1)(f)(i), the prosecuting attorney shall include the following

statement on the complaint and information filed in district or

circuit court:

"You are charged with the commission of a felony in which a

commercial motor vehicle was used. If you are convicted and the

judge finds that the conviction is for a felony in which a

commercial motor vehicle was used, as defined in section 319b of

the Michigan vehicle code, 1949 PA 300, MCL 257.319b, all vehicle

group designations on your driver's license shall be suspended or

revoked by the secretary of state.".

(12) If the judge determines as part of the sentence that the

felony for which the defendant was convicted and with respect to

which notice was given under subsection (11) is a felony in which a

commercial motor vehicle was used, the clerk of the court shall

forward an abstract of the court record of that conviction to the

secretary of state.

(13) Every person required to forward abstracts to the

secretary of state under this section shall certify for the period

from January 1 through June 30 and for the period from July 1

through December 31 that all abstracts required to be forwarded

during the period have been forwarded. The certification shall be

filed with the secretary of state not later than 28 days after the

end of the period covered by the certification. The certification

shall be made upon a form furnished by the secretary of state and

shall include all of the following:

(a) The name and title of the person required to forward

abstracts.

(b) The court for which the certification is filed.

(d) The following statement:

"I certify that all abstracts required by section 732 of the

Michigan vehicle code, MCL 257.732; MSA 9.2432, for the period

________________ through ______________ have been forwarded to the

secretary of state.".

(e) Other information the secretary of state considers

necessary.

(f) The signature of the person required to forward abstracts.

(14) The failure, refusal, or neglect of a person to comply

with this section constitutes misconduct in office and is grounds

for removal from office.

(15) Except as provided in subsection (16), the secretary of

state shall keep all abstracts received under this section at the

secretary of state's main office and the abstracts shall be open

for public inspection during the office's usual business hours.

Each abstract shall be entered upon the master driving record of

the person to whom it pertains.

(16) Except for controlled substance offenses described in

subsection (4), the court shall not submit, and the secretary of

state shall discard and not enter on the master driving record, an

abstract for a conviction or civil infraction determination for any

of the following violations:

(a) The parking or standing of a vehicle.

(b) A nonmoving violation that is not the basis for the

secretary of state's suspension, revocation, or denial of an

operator's or chauffeur's license.

secretary of state's suspension, revocation, or denial of an

operator's or chauffeur's license.

(d) A pedestrian, passenger, or bicycle violation, other than

a violation of section 703(1) or (2) of the Michigan liquor control

code of 1998, 1998 PA 58, MCL 436.1703, or a local ordinance

substantially corresponding to section 703(1) or (2) of the

Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1703, or

section 624a or 624b or a local ordinance substantially

corresponding to section 624a or 624b.

(e) A violation of section 710e or a local ordinance

substantially corresponding to section 710e.

(f) A violation of section 328(1) if, before the appearance

date on the citation, the person submits proof to the court that

the motor vehicle had insurance meeting the requirements of

sections 3101 and 3102 of the insurance code of 1956, 1956 PA 218,

MCL 500.3101 and 500.3102, at the time the citation was issued.

Insurance obtained subsequent to the time of the violation does not

make the violation an exception under this subsection.

(g) A violation described in section 319b(10)(b)(vii) if,

before the court appearance date or date fines are to be paid, the

person submits proof to the court that he or she held a valid

commercial driver license on the date the citation was issued.

(h) A violation of section 311 if the person was driving a

noncommercial vehicle and, before the court appearance date or the

date fines are to be paid, the person submits proof to the court

that he or she held a valid driver license on the date the citation

was issued.

(i) A violation of section 602b(1) or 602c.

(17) Except as otherwise provided in this subsection, the

secretary of state shall discard and not enter on the master

driving record an abstract for a bond forfeiture that occurred

outside this state. The secretary of state shall enter on the

master driving record an abstract for a conviction as defined in

section 8a(b) that occurred outside this state in connection with

the operation of a commercial motor vehicle or for a conviction of

a person licensed as a commercial motor vehicle driver.

(18) The secretary of state shall inform the courts of this

state of the nonmoving violations and violations of chapter II that

are used by the secretary of state as the basis for the suspension,

restriction, revocation, or denial of an operator's or chauffeur's

license.

(19) If a conviction or civil infraction determination is

reversed upon appeal, the person whose conviction or determination

has been reversed may serve on the secretary of state a certified

copy of the order of reversal. The secretary of state shall enter

the order in the proper book or index in connection with the record

of the conviction or civil infraction determination.

(20) The secretary of state may permit a city or village

department, bureau, person, or court to modify the requirement as

to the time and manner of reporting a conviction, civil infraction

determination, or settlement to the secretary of state if the

modification will increase the economy and efficiency of collecting

and utilizing the records. If the permitted abstract of court

record reporting a conviction, civil infraction determination, or

settlement originates as a part of the written notice to appear,

authorized in section 728(1) or 742(1), the form of the written

notice and report shall be as prescribed by the secretary of state.

(21) Notwithstanding any other law of this state, a court

shall not take under advisement an offense committed by a person

while operating a motor vehicle for which this act requires a

conviction or civil infraction determination to be reported to the

secretary of state. A conviction or civil infraction determination

that is the subject of this subsection shall not be masked,

delayed, diverted, suspended, or suppressed by a court. Upon a

conviction or civil infraction determination, the conviction or

civil infraction determination shall immediately be reported to the

secretary of state in accordance with this section.

(22) Except as provided in this act and notwithstanding any

other provision of law, a court shall not order expunction of any

violation reportable to the secretary of state under this section.

Enacting section 1. This amendatory act takes effect January

1, 2018.