Bill Summary – FastDemocracy

Legislative Analysis
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SPECIALTY COURT IGNITION INTERLOCK PROGRAM
                                                                                       http://www.house.mi.gov/hfa
Senate Bill 134 as reported from House committee                                       Analysis available at
Sponsor: Sen. Ruth Johnson                                                             http://www.legislature.mi.gov
Senate Bill 135 as reported from House committee
Sponsor: Sen. Kevin Hertel
House Committee: Criminal Justice
Senate Committee: Civil Rights, Judiciary, and Public Safety
Revised 6-27-23
                                                 (Enacted as Public Acts 124 and 125 of 2023)
SUMMARY:
           Senate Bill 134 would amend the Revised Judicature Act to expand the current DWI/Sobriety
           Court Interlock Program 1 into the Specialty Court Interlock Program. The expanded program
           would include other specialty courts in addition to DWI/sobriety courts, which would allow
           eligible participants in other certified specialty courts to have a vehicle they own or operate
           equipped with an ignition interlock device and to obtain a restricted driver license pertaining
           to that vehicle. (An ignition interlock device measures a driver’s alcohol concentration before
           the vehicle can be started.) The bill would replace several references to DWI/sobriety court
           with specialty court in provisions addressing the ignition interlock program.
                    Specialty court would mean a drug treatment court, a DWI/sobriety court, a hybrid of
                    a drug treatment court and a DWI/sobriety court, a mental health court, or a veterans
                    treatment court.
           The bill would also prohibit a mental health court that is not certified to operate as a mental
           health court by the Supreme Court Administrative Office (SCAO) from certifying to the
           secretary of state that an individual is eligible to receive a restricted license under the ignition
           interlock program.
           In addition, under current law, all DWI/sobriety courts that participate in the interlock program
           must comply with “The Ten Guiding Principles of DWI Courts” as published by the National
           Center for DWI Courts. 2 The bill would require all DWI/sobriety courts to comply with the
           guidelines. (Another provision of current law already requires all DWI/sobriety courts to
           comply with those guidelines.)
           MCL 600.1084 and 600.1091
           Senate Bill 135 would amend the Michigan Vehicle Code to do all of the following:
              • Apply the current definition of specialty court program to both that term and the term
                  specialty court. (The current definition is the same as the one provided above.)
1
    https://www.courts.michigan.gov/4ad93d/siteassets/court-administration/best-practices/psc/faqinterlock.pdf
2
    https://allrise.org/wp-content/uploads/2023/06/Guiding_Principles_of_DWI_Court.pdf
House Fiscal Agency                                                                                       Page 1 of 2
           •   Define specialty court interlock program to mean the ignition interlock program
               proposed by SB 134.
           •   Replace references to “DWI/sobriety court program” with “specialty court program”
               and delete the current definitions of “DWI/sobriety court” and “DWI/sobriety court
               program.”
           •   Delete obsolete provisions pertaining to driver responsibility fees assessed for a
               conviction that led to a restricted license.
       MCL 257.83 and 257.304
       Neither bill can take effect unless both bills are enacted.
FISCAL IMPACT:
       The bills would not have a significant fiscal impact on the Department of State (DOS), the state
       department responsible for administering the duties associated with the Breath Alcohol Ignition
       Interlock Device (BAIID) program. The expansion of the current program may result in
       additional participants in the BAIID program and marginally increased costs to DOS. These
       costs would be expected to be supported through DOS’s base ongoing appropriations. The
       elimination of provisions pertaining to driver responsibility fees under SB 135 would have no
       impact on DOS, as driver responsibility fees were phased out starting in 2018.
POSITIONS:
       A representative of the Michigan Association of Treatment Court Professionals testified in
       support of the bills. (6-27-23)
       The following entities indicated support for the bills (6-27-23):
          • State Court Administrative Office
          • State Bar of Michigan
          • Prosecuting Attorneys Association of Michigan (PAAM)
                                                           Legislative Analyst: Susan Stutzky
                                                              Fiscal Analysts: Robin Risko
                                                                                Michael Cnossen
■ This analysis was prepared by nonpartisan House Fiscal Agency staff for use by House members in their
deliberations and does not constitute an official statement of legislative intent.
House Fiscal Agency                         SBs 134 and 135 as reported from House committee   Page 2 of 2
Statutes affected: 
Senate Introduced Bill: 257.83, 257.304
As Passed by the Senate: 257.83, 257.304
As Passed by the House: 257.83, 257.304
Public Act: 257.83, 257.304
Senate Enrolled Bill: 257.83, 257.304