Bill Summary – FastDemocracy

HOUSE BILL NO. 5714
     May 07, 2024, Introduced by Reps. Thompson, Friske, Rigas, Bezotte, DeBoyer and Beeler and
       referred to the Committee on Government Operations.
          A bill to amend 1949 PA 300, entitled
    "Michigan vehicle code,"
    by amending sections 601b, 602a, 617, and 625 (MCL 257.601b,
602a, 257.617, and 257.625), section 601b as amended by 2011 PA
    60, section 602a as amended by 1999 PA 73, section 617 as amended
    by 2005 PA 3, and section 625 as amended by 2021 PA 85.
                     THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
       Sec. 601b. (1) Notwithstanding any other provision of this
 act, a person responsible for a moving violation in a work zone, at
 an emergency scene, or in a school zone during the period beginning
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 30 minutes before school in the morning and through 30 minutes
 after school in the afternoon, or in a school bus zone is subject
 to a fine that is double the fine otherwise prescribed for that
 moving violation.
       (2) A person who commits a moving violation in a work zone or
 a school bus zone for which not fewer than 3 points are assigned
 under section 320a and as a result causes injury to another person
 in the work zone or school bus zone is guilty of a misdemeanor
 punishable by a fine of not more than $1,000.00 or imprisonment for
 not more than 1 year, or both.
       (3) A person who commits a moving violation in a work zone or
 school bus zone for which not fewer than 3 points are assigned
 under section 320a and as a result causes death to another person
 in the work zone or school bus zone is guilty of a felony
 punishable by a fine of not more than $7,500.00 or by imprisonment
 for not more less than 15 5 years or more than life or any term of
 years or by a fine of not more than $7,500.00, or both.
       (4) Subsections (2) and (3) do not apply if the injury or
 death was caused by the negligence of the injured or deceased
 person in the work zone or school bus zone.
       (5) As used in this section:
       (a) "Emergency scene" means a traffic accident, a serious
 incident caused by weather conditions, or another occurrence along
 a highway or street for which a police officer, firefighter, or
 emergency medical personnel are summoned to aid an injured victim.
       (b) "Moving violation" means an act or omission prohibited
 under this act or a local ordinance substantially corresponding to
 this act that occurs while a person is operating a motor vehicle,
 and for which the person is subject to a fine.
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       (c) "School bus zone" means the area lying within 20 feet of a
 school bus that has stopped and is displaying 2 alternately
 flashing red lights at the same level, except as described in
 section 682(2).
       (d) "School zone" means that term as defined in section 627a.
       Sec. 602a. (1) A driver of a motor vehicle who is given by
 hand, voice, emergency light, or siren a visual or audible signal
 by a police or conservation officer, acting in the lawful
 performance of his or her the officer's duty, directing the driver
 to bring his or her the driver's motor vehicle to a stop shall not
 willfully fail to obey that direction by increasing the speed of
 the motor vehicle, extinguishing the lights of the motor vehicle,
 or otherwise attempting to flee or elude the officer. This
 subsection does not apply unless the police or conservation officer
 giving the signal is in uniform and the officer's vehicle is
 identified as an official police or department of natural resources
 vehicle.
       (2) Except as provided in subsection (3), (4), or (5), an
 individual who violates subsection (1) is guilty of fourth-degree
 fleeing and eluding, a felony punishable by imprisonment for not
 more less than 2 years or more than life or any term of years or a
 fine of not more than $500.00, or both.
       (3) Except as provided in subsection (4) or (5), an individual
 who violates subsection (1) is guilty of third-degree fleeing and
 eluding, a felony punishable by imprisonment for not more less than
 5 4 years or more than life or any term of years or a fine of not
 more than $1,000.00, or both, if 1 or more of the following
 circumstances apply:
       (a) The violation results in a collision or accident.
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       (b) A portion of the violation occurred in an area where the
 speed limit is 35 miles an hour or less, whether that speed limit
 is posted or imposed as a matter of law.
       (c) The individual has a prior conviction for fourth-degree
 fleeing and eluding, attempted fourth-degree fleeing and eluding,
 or fleeing and eluding under a current or former law of this state
 prohibiting substantially similar conduct.
       (4) Except as provided in subsection (5), an individual who
 violates subsection (1) is guilty of second-degree fleeing and
 eluding, a felony punishable by imprisonment for not more less than
 10 6 years or more than life or any term of years or a fine of not
 more than $5,000.00, or both, if 1 or more of the following
 circumstances apply:
       (a) The violation results in serious injury to an individual.
       (b) The individual has 1 or more prior convictions for first-,
 second-, or third-degree fleeing and eluding, attempted first-,
 second-, or third-degree fleeing and eluding, or fleeing and
 eluding under a current or former law of this state prohibiting
 substantially similar conduct.
       (c) The individual has any combination of 2 or more prior
 convictions for fourth-degree fleeing and eluding, attempted
 fourth-degree fleeing and eluding, or fleeing and eluding under a
 current or former law of this state prohibiting substantially
 similar conduct.
       (5) If the violation results in the death of another
 individual, an individual who violates subsection (1) is guilty of
 first-degree fleeing and eluding, a felony punishable by
 imprisonment for not more than 15 years or a fine of not more than
 $10,000.00, or both.
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       (6) A conviction under this section does not prohibit a
 conviction and sentence under any other applicable provision,
 except section 479a(2), (3), (4), or (5) of the Michigan penal
 code, 1931 PA 328, MCL 750.479a, for conduct arising out of the
 same transaction.
       (7) As used in this section, "serious injury" means a physical
 injury that is not necessarily permanent, but that constitutes
 serious bodily disfigurement or that seriously impairs the
 functioning of a body organ or limb. Serious injury includes, but
 is not limited to, 1 or more of the following:
       (a) Loss of a limb or use of a limb.
       (b) Loss of a hand, foot, finger, or thumb or use of a hand,
 foot, finger, or thumb.
       (c) Loss of an eye or ear or use of an eye or ear.
       (d) Loss or substantial impairment of a bodily function.
       (e) Serious visible disfigurement.
       (f) A comatose state that lasts for more than 3 days.
       (g) Measurable brain damage or mental impairment.
       (h) A skull fracture or other serious bone fracture.
       (i) Subdural hemorrhage or hematoma.
       Sec. 617. (1) The driver of a vehicle who knows or who has
 reason to believe that he or she the driver has been involved in an
 accident upon public or private property that is open to travel by
 the public shall immediately stop his or her the driver's vehicle
 at the scene of the accident and shall remain there until the
 requirements of section 619 are fulfilled or immediately report the
 accident to the nearest or most convenient police agency or officer
 to fulfill the requirements of section 619(a) and (b) if there is a
 reasonable and honest belief that remaining at the scene will
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 result in further harm. The stop shall be made without obstructing
 traffic more than is necessary.
       (2) Except as provided in subsection (3), if the individual
 violates subsection (1) and the accident results in serious
 impairment of a body function or death, the individual is guilty of
 a felony punishable by imprisonment for not more than 5 years or by
 a fine of not more than $5,000.00, or both.
       (3) If the individual violates subsection (1) following an
 accident caused by that individual and the accident results in the
 death of another individual, the individual is guilty of a felony
 punishable by imprisonment for not more less than 15 5 years or
 more than life or any term of years or a fine of not more than
 $10,000.00, or both.
       Sec. 625. (1) A person, whether licensed or not, shall not
 operate a vehicle on 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 5 years after the state
 treasurer publishes a certification under subsection (28), 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
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 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 on 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 5 years after the state
 treasurer publishes a certification under subsection (28), 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 on a highway or other place open to the general public or
 generally accessible to motor vehicles, including an area
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 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 The
 person is guilty of a felony punishable by imprisonment for not
 more less than 15 5 years or more than life or any term of 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 to be 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 less than 20 5 years or
 more than life or any term of 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 to be forfeited under section 625n, the
 court shall order vehicle immobilization under section 904d in the
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 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 less than 20 5 years or
 more than life or any term of 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 to be 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 less
 than 5 2 years and 6 months or more than life or any term of 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 to be 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
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 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 to be 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 on 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 5 years after the
 state treasurer publishes a certification under subsection (28),
 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