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HOUSE BILL NO. 5907
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending sections 601b, 602a, 617, and 625 (MCL 257.601b,
257.602a, 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 1
act, a person responsible for a moving violation in a work zone, at 2
an emergency scene, or in a school zone during the period beginning 3
April 29, 2026, Introduced by Reps. St. Germaine, Hoadley, Wozniak, Pavlov and Bruck and
referred to Committee on Judiciary.
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30 minutes before school in the morning and through 30 minutes 1
after school in the afternoon, or in a school bus zone is subject 2
to a fine that is double the fine otherwise prescribed for that 3
moving violation. 4
(2) A person who commits a moving violation in a work zone or 5
a school bus zone for which not fewer than 3 points are assigned 6
under section 320a and as a result causes injury to another person 7
in the work zone or school bus zone is guilty of a misdemeanor 8
punishable by a fine of not more than $1,000.00 or imprisonment for 9
not more than 1 year, or both. 10
(3) A person who commits a moving violation in a work zone or 11
school bus zone for which not fewer than 3 points are assigned 12
under section 320a and as a result causes death to another person 13
in the work zone or school bus zone is guilty of a felony 14
punishable by a fine of not more than $7,500.00 or by imprisonment 15
for life or any term of years but not more less than 15 5 years or 16
by a fine of not more than $7,500.00, or both. 17
(4) Subsections (2) and (3) do not apply if the injury or 18
death was caused by the negligence of the injured or deceased 19
person in the work zone or school bus zone. 20
(5) As used in this section: 21
(a) "Emergency scene" means a traffic accident, a serious 22
incident caused by weather conditions, or another occurrence along 23
a highway or street for which a police officer, firefighter, or 24
emergency medical personnel are summoned to aid an injured victim. 25
(b) "Moving violation" means an act or omission prohibited 26
under this act or a local ordinance substantially corresponding to 27
this act that occurs while a person is operating a motor vehicle, 28
and for which the person is subject to a fine. 29
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(c) "School bus zone" means the area lying within 20 feet of a 1
school bus that has stopped and is displaying 2 alternately 2
flashing red lights at the same level, except as described in 3
section 682(2). 4
(d) "School zone" means that term as defined in section 627a. 5
Sec. 602a. (1) A driver of a motor vehicle who is given by 6
hand, voice, emergency light, or siren a visual or audible signal 7
by a police or conservation officer, acting in the lawful 8
performance of his or her the officer's duty, directing the driver 9
to bring his or her the driver's motor vehicle to a stop shall not 10
willfully fail to obey that direction by increasing the speed of 11
the motor vehicle, extinguishing the lights of the motor vehicle, 12
or otherwise attempting to flee or elude the officer. This 13
subsection does not apply unless the police or conservation officer 14
giving the signal is in uniform and the officer's vehicle is 15
identified as an official police or department of natural resources 16
vehicle. 17
(2) Except as provided in subsection (3), (4), or (5), an 18
individual who violates subsection (1) is guilty of fourth-degree 19
fleeing and eluding, a felony punishable by imprisonment for life 20
or any term of years but not more less than 2 years or a fine of 21
not more than $500.00, or both. 22
(3) Except as provided in subsection (4) or (5), an individual 23
who violates subsection (1) is guilty of third-degree fleeing and 24
eluding, a felony punishable by imprisonment for life or any term 25
of years but not more less than 5 4 years or a fine of not more 26
than $1,000.00, or both, if 1 or more of the following 27
circumstances apply: 28
(a) The violation results in a collision or accident. 29
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(b) A portion of the violation occurred in an area where the 1
speed limit is 35 miles an hour or less, whether that speed limit 2
is posted or imposed as a matter of law. 3
(c) The individual has a prior conviction for fourth-degree 4
fleeing and eluding, attempted fourth-degree fleeing and eluding, 5
or fleeing and eluding under a current or former law of this state 6
prohibiting substantially similar conduct. 7
(4) Except as provided in subsection (5), an individual who 8
violates subsection (1) is guilty of second-degree fleeing and 9
eluding, a felony punishable by imprisonment for life or any term 10
of years but not more less than 10 6 years or a fine of not more 11
than $5,000.00, or both, if 1 or more of the following 12
circumstances apply: 13
(a) The violation results in serious injury to an individual. 14
(b) The individual has 1 or more prior convictions for first-, 15
second-, or third-degree fleeing and eluding, attempted first-, 16
second-, or third-degree fleeing and eluding, or fleeing and 17
eluding under a current or former law of this state prohibiting 18
substantially similar conduct. 19
(c) The individual has any combination of 2 or more prior 20
convictions for fourth-degree fleeing and eluding, attempted 21
fourth-degree fleeing and eluding, or fleeing and eluding under a 22
current or former law of this state prohibiting substantially 23
similar conduct. 24
(5) If the violation results in the death of another 25
individual, an individual who violates subsection (1) is guilty of 26
first-degree fleeing and eluding, a felony punishable by 27
imprisonment for not more than 15 years or a fine of not more than 28
$10,000.00, or both. 29
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(6) A conviction under this section does not prohibit a 1
conviction and sentence under any other applicable provision, 2
except section 479a(2), (3), (4), or (5) of the Michigan penal 3
code, 1931 PA 328, MCL 750.479a, for conduct arising out of the 4
same transaction. 5
(7) As used in this section, "serious injury" means a physical 6
injury that is not necessarily permanent, but that constitutes 7
serious bodily disfigurement or that seriously impairs the 8
functioning of a body organ or limb. Serious injury includes, but 9
is not limited to, 1 or more of the following: 10
(a) Loss of a limb or use of a limb. 11
(b) Loss of a hand, foot, finger, or thumb or use of a hand, 12
foot, finger, or thumb. 13
(c) Loss of an eye or ear or use of an eye or ear. 14
(d) Loss or substantial impairment of a bodily function. 15
(e) Serious visible disfigurement. 16
(f) A comatose state that lasts for more than 3 days. 17
(g) Measurable brain damage or mental impairment. 18
(h) A skull fracture or other serious bone fracture. 19
(i) Subdural hemorrhage or hematoma. 20
Sec. 617. (1) The driver of a vehicle who knows or who has 21
reason to believe that he or she the driver has been involved in an 22
accident upon on public or private property that is open to travel 23
by the public shall immediately stop his or her the driver's 24
vehicle at the scene of the accident and shall remain there until 25
the requirements of section 619 are fulfilled or immediately report 26
the accident to the nearest or most convenient police agency or 27
officer to fulfill the requirements of section 619(a) and (b) if 28
there is a reasonable and honest belief that remaining at the scene 29
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will result in further harm. The stop shall must be made without 1
obstructing traffic more than is necessary. 2
(2) Except as provided in subsection (3), if the individual 3
violates subsection (1) and the accident results in serious 4
impairment of a body function or death, the individual is guilty of 5
a felony punishable by imprisonment for not more than 5 years or by 6
a fine of not more than $5,000.00, or both. 7
(3) If the individual violates subsection (1) following an 8
accident caused by that individual and the accident results in the 9
death of another individual, the individual is guilty of a felony 10
punishable by imprisonment for life or any term of years but not 11
more less than 15 5 years or a fine of not more than $10,000.00, or 12
both. 13
Sec. 625. (1) A person, whether licensed or not, shall not 14
operate a vehicle on a highway or other place open to the general 15
public or generally accessible to motor vehicles, including an area 16
designated for the parking of vehicles, within this state if the 17
person is operating while intoxicated. As used in this section, 18
"operating while intoxicated" means any of the following: 19
(a) The person is under the influence of alcoholic liquor, a 20
controlled substance, or other intoxicating substance or a 21
combination of alcoholic liquor, a controlled substance, or other 22
intoxicating substance. 23
(b) The person has an alcohol content of 0.08 grams or more 24
per 100 milliliters of blood, per 210 liters of breath, or per 67 25
milliliters of urine or, beginning 5 years after the state 26
treasurer publishes a certification under subsection (28), the 27
person has an alcohol content of 0.10 grams or more per 100 28
milliliters of blood, per 210 liters of breath, or per 67 29
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milliliters of urine. 1
(c) The person has an alcohol content of 0.17 grams or more 2
per 100 milliliters of blood, per 210 liters of breath, or per 67 3
milliliters of urine. 4
(2) The owner of a vehicle or a person in charge or in control 5
of a vehicle shall not authorize or knowingly permit the vehicle to 6
be operated on a highway or other place open to the general public 7
or generally accessible to motor vehicles, including an area 8
designated for the parking of motor vehicles, within this state by 9
a person if any of the following apply: 10
(a) The person is under the influence of alcoholic liquor, a 11
controlled substance, other intoxicating substance, or a 12
combination of alcoholic liquor, a controlled substance, or other 13
intoxicating substance. 14
(b) The person has an alcohol content of 0.08 grams or more 15
per 100 milliliters of blood, per 210 liters of breath, or per 67 16
milliliters of urine or, beginning 5 years after the state 17
treasurer publishes a certification under subsection (28), the 18
person has an alcohol content of 0.10 grams or more per 100 19
milliliters of blood, per 210 liters of breath, or per 67 20
milliliters of urine. 21
(c) The person's ability to operate the motor vehicle is 22
visibly impaired due to the consumption of alcoholic liquor, a 23
controlled substance, or other intoxicating substance, or a 24
combination of alcoholic liquor, a controlled substance, or other 25
intoxicating substance. 26
(3) A person, whether licensed or not, shall not operate a 27
vehicle on a highway or other place open to the general public or 28
generally accessible to motor vehicles, including an area 29
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designated for the parking of vehicles, within this state when, due 1
to the consumption of alcoholic liquor, a controlled substance, or 2
other intoxicating substance, or a combination of alcoholic liquor, 3
a controlled substance, or other intoxicating substance, the 4
person's ability to operate the vehicle is visibly impaired. If a 5
person is charged with violating subsection (1), a finding of 6
guilty under this subsection may be rendered. 7
(4) A person, whether licensed or not, who operates a motor 8
vehicle in violation of subsection (1), (3), or (8) and by the 9
operation of that motor vehicle causes the death of another person 10
is guilty of a crime as follows: 11
(a) Except as provided in subdivisions (b) and (c), the The 12
person is guilty of a felony punishable by imprisonment for life or 13
any term of years but not more less than 15 5 years or a fine of 14
not less than $2,500.00 or more than $10,000.00, or both. The 15
judgment of sentence may impose the sanction permitted under 16
section 625n. If the vehicle is not ordered to be forfeited under 17
section 625n, the court shall order vehicle immobilization under 18
section 904d in the judgment of sentence. 19
(b) If the violation occurs while the person has an alcohol 20
content of 0.17 grams or more per 100 milliliters of blood, per 210 21
liters of breath, or per 67 milliliters of urine, and within 7 22
years of a prior conviction, the person is guilty of a felony 23
punishable by imprisonment for life or any term of years but not 24
more less than 20 5 years or a fine of not less than $2,500.00 or 25
more than $10,000.00, or both. The judgment of sentence may impose 26
the sanction permitted under section 625n. If the vehicle is not 27
ordered to be forfeited under section 625n, the court shall order 28
vehicle immobilization under section 904d in the judgment of 29
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sentence. 1
(c) If, at the time of the violation, the person is operating 2
a motor vehicle in a manner proscribed under section 653a and 3
causes the death of a police officer, firefighter, or other 4
emergency response personnel, the person is guilty of a felony 5
punishable by imprisonment for life or any term of years but not 6
more less than 20 5 years or a fine of not less than $2,500.00 or 7
more than $10,000.00, or both. This subdivision applies regardless 8
of whether the person is charged with the violation of section 9
653a. The judgment of sentence may impose the sanction permitted 10
under section 625n. If the vehicle is not ordered to be forfeited 11
under section 625n, the court shall order vehicle immobilization 12
under section 904d in the judgment of sentence. 13
(5) A person, whether licensed or not, who operates a motor 14
vehicle in violation of subsection (1), (3), or (8) and by the 15
operation of that motor vehicle causes a serious impairment of a 16
body function of another person is guilty of a crime as follows: 17
(a) Except as provided in subdivision (b), the person is 18
guilty of a felony punishable by imprisonment for life or any term 19
of years but not more less than 5 2 years and 6 months or a fine of 20
not less than $1,000.00 or more than $5,000.00, or both. The 21
judgment of sentence may impose the sanction permitted under 22
section 625n. If the vehicle is not ordered to be forfeited under 23
section 625n, the court shall order vehicle immobilization under 24
section 904d in the judgment of sentence. 25
(b) If the violation occurs while the person has an alcohol 26
content of 0.17 grams or more per 100 milliliters of blood, per 210 27
liters of breath, or per 67 milliliters of urine, and within 7 28
years of a prior conviction, the person is guilty of a felony 29
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punishable by imprisonment for not more than 10 years or a fine of 1
not less than $1,000.00 or more than $5,000.00, or both. The 2
judgment of sentence may impose the sanction permitted under 3
section 625n. If the vehicle is not ordered to be forfeited under 4
section 625n, the court shall order vehicle immobilization under 5
section 904d in the judgment of sentence. 6
(6) A person who is less than 21 years of age, whether 7
licensed or not, shall not operate a vehicle on a highway or other 8
place open to the general public or generally accessible to motor 9
vehicles, including an area designated for the parking of vehicles, 10
within this state if the person has any bodily alcohol content. As 11
used in this subsection, "any bodily alcohol content" means either 12
of the following: 13
(a) An alcohol content of 0.02 grams or more but less than 14
0.08 grams per 100 milliliters of blood, per 210 liters of breath, 15
or per 67 milliliters of urine or, beginning 5 years after the 16
state treasurer publishes a certification under subsection (28), 17
the person has an alcohol content of 0.02 grams or more but less 18
than 0.10 grams per 100 milliliters of blood, per 210 liters of 19
breath, or per 67 milliliters of urine. 20
(b) Any presence of alcohol within a person's body resulting 21
from the consumption of alcoholic liquor, other than consumption of 22
alcoholic liquor as a part of a generally recognized religious 23
service or ceremony. 24
(7) A person, whether licensed or not, is subject to the 25
following requirements: 26
(a) He or she The person shall not operate a vehicle in 27
violation of subsection (1), (3), (4), (5), or (8) while another 28
person who is less than 16 years of age is occupying the vehicle. A 29
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person who violates this subdivision is guilty of a crime 1
punishable as follows: 2
(i) Except as provided in subparagraph (ii), a person who 3
violates this subdivision is guilty of a misdemeanor and must be 4
sentenced to pay a fine of not less than $200.00 or more than 5
$1,000.00 and to 1 or more of the following: 6
(A) Imprisonment for not more than 1 year. 7
(B) Community service for not less than 30 days or more than 8
90 days. 9
(ii) If the violation occurs within 7 years of a prior 10
conviction or after 2 or more prior convictions, regardless of the 11
number of years that have elapsed since any prior conviction, a 12
person who violates this subdivision is guilty of a felony and must 13
be sentenced to pay a fine of not less than $500.00 or more than 14
$5,000.00 and to either of the following: 15
(A) Imprisonment under the jurisdiction of the department of 16
corrections for not less than 1 year or more than 5 years. 17
(B) Probation with imprisonment in the county jail for not 18
less than 30 days or more than 1 year and community service for not 19
less than 60 days or more than 180 days. Not less than 48 hours of 20
this imprisonment must be served consecutively. 21
(iii) A term of imprisonment imposed under subparagraph (ii)(A) 22
or (B) must not be suspended unless the defendant agrees to 23
participate in a specialty court program and successfully completes 24
the program. 25
(b) He or she The person shall not operate a vehicle in 26
violation of subsection (6) while another person who is less than 27
16 years of age is occupying the vehicle. A person who violates 28
this subdivision is guilty of a misdemeanor punishable as follows: 29
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(i) Except as provided in subparagraph (ii), a person who 1
violates this subdivision may be sentenced to 1 or more of the 2
following: 3
(A) Community service for not more than 60 days. 4
(B) A fine of not more than $500.00. 5
(C) Imprisonment for not more than 93 days. 6
(ii) If the violation occurs within 7 years of a prior 7
conviction or after 2 or more prior convictions, regardless of the 8
number of years that have elapsed since any prior conviction, a 9
person who violates this subdivision must be sentenced to pay a 10
fine of not less than $200.00 or more than $1,000.00 and to 1 or 11
more of the following: 12
(A) Imprisonment for not less than 5 days or more than 1 year. 13
This term of imprisonment must not be suspended unless the 14
defendant agrees to participate in a specialty court program and 15
successfully completes the program. 16
(B) Community service for not less than 30 days or more than 17
90 days. 18
(c) In the judgment of sentence under subdivision (a)(i) or 19
(b)(i), the court may, unless the vehicle is ordered to be forfeited 20
under section 625n, order vehicle immobilization as provided in 21
section 904d. In the judgment of sentence under subdivision (a)(ii) 22
or (b)(ii), the court shall, unless the vehicle is ordered to be 23
forfeited under section 625n, order vehicle immobilization as 24
provided in section 904d. 25
(d) This subsection does not prohibit a person from being 26
charged with, convicted of, or punished for a violation of 27
subsection (4) or (5) that is committed by the person while 28
violating this subsection. However, points shall must not be 29
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assessed under section 320a for both a violation of subsection (4) 1
or (5) and a violation of this subsection for conduct arising out 2
of the same transaction. 3
(8) A person, whether licensed or not, shall not operate a 4
vehicle on a highway or other place open to the general public or 5
generally accessible to motor vehicles, including an area 6
designated for the parking of vehicles, within this state if the 7
person has in his or her the person's body any amount of a 8
controlled substance listed in schedule 1 under section 7212 of the 9
public health code, 1978 PA 368, MCL 333.7212, or a rule 10
promulgated under that section, or of a controlled substance 11
described in section 7214(a)(iv) of the public health code, 1978 PA 12
368, MCL 333.7214. 13
(9) If a person is convicted of violating subsection (1) or 14
(8), all of the following apply: 15
(a) Except as otherwise provided in subdivisions (b) and (c), 16
the person is guilty of a misdemeanor punishable by 1 or more of 17
the following: 18
(i) Community service for not more than 360 hours. 19
(ii) Imprisonment for not more than 93 days, or, if the person 20
is convicted of violating subsection (1)(c), imprisonment for not 21
more than 180 days. 22
(iii) A fine of not less than $100.00 or more than $500.00, or, 23
if the person is guilty of violating subsection (1)(c), a fine of 24
not less than $200.00 or more than $700.00. 25
(b) If the violation occurs within 7 years of a prior 26
conviction, the person must be sentenced to pay a fine of not less 27
than $200.00 or more than $1,000.00 and 1 or more of the following: 28
(i) Imprisonment for not less than 5 days or more than 1 year. 29
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(ii) Community service for not less than 30 days or more than 1
90 days. 2
(c) If the violation occurs after 2 or more prior convictions, 3
regardless of the number of years that have elapsed since any prior 4
conviction, the person is guilty of a felony and must be sentenced 5
to pay a fine of not less than $500.00 or more than $5,000.00 and 6
to either of the following: 7
(i) Imprisonment under the jurisdiction of the department of 8
corrections for not less than 1 year or more than 5 years. 9
(ii) Probation with imprisonment in the county jail for not 10
less than 30 days or more than 1 year and community service for not 11
less than 60 days or more than 180 days. Not less than 48 hours of 12
the imprisonment imposed under this subparagraph must be served 13
consecutively. 14
(d) A term of imprisonment imposed under subdivision (b) or 15
(c) must not be suspended unless the defendant agrees to 16
participate in a specialty court program and successfully completes 17
the program. 18
(e) In the judgment of sentence under subdivision (a), the 19
court may order vehicle immobilization as provided in section 904d. 20
In the judgment of sentence under subdivision (b) or (c), the court 21
shall, unless the vehicle is ordered to be forfeited under section 22
625n, order vehicle immobilization as provided in section 904d. 23
(f) In the judgment of sentence under subdivision (b) or (c), 24
the court may impose the sanction permitted under section 625n. 25
(10) A person who is convicted of violating subsection (2) is 26
guilty of a crime as follows: 27
(a) Except as provided in subdivisions (b) and (c), a 28
misdemeanor punishable by imprisonment for not more than 93 days or 29
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a fine of not less than $100.00 or more than $500.00, or both. 1
(b) If the person operating the motor vehicle violated 2
subsection (4), a felony punishable by imprisonment for not more 3
than 5 years or a fine of not less than $1,500.00 or more than 4
$10,000.00, or both. 5
(c) If the person operating the motor vehicle violated 6
subsection (5), a felony punishable by imprisonment for not more 7
than 2 years or a fine of not less than $1,000.00 or more than 8
$5,000.00, or both. 9
(11) If a person is convicted of violating subsection (3), all 10
of the following apply: 11
(a) Except as otherwise provided in subdivisions (b) and (c), 12
the person is guilty of a misdemeanor punishable by 1 or more of 13
the following: 14
(i) Community service for not more than 360 hours. 15
(ii) Imprisonment for not more than 93 days. 16
(iii) A fine of not more than $300.00. 17
(b) If the violation occurs within 7 years of 1 prior 18
conviction, the person must be sentenced to pay a fine of not less 19
than $200.00 or more than $1,000.00, and 1 or more of the 20
following: 21
(i) Imprisonment for not less than 5 days or more than 1 year. 22
(ii) Community service for not less than 30 days or more than 23
90 days. 24
(c) If the violation occurs after 2 or more prior convictions, 25
regardless of the number of years that have elapsed since any prior 26
conviction, the person is guilty of a felony and must be sentenced 27
to pay a fine of not less than $500.00 or more than $5,000.00 and 28
either of the following: 29
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(i) Imprisonment under the jurisdiction of the department of 1
corrections for not less than 1 year or more than 5 years. 2
(ii) Probation with imprisonment in the county jail for not 3
less than 30 days or more than 1 year and community service for not 4
less than 60 days or more than 180 days. Not less than 48 hours of 5
the imprisonment imposed under this subparagraph must be served 6
consecutively. 7
(d) A term of imprisonment imposed under subdivision (b) or 8
(c) must not be suspended unless the defendant agrees to 9
participate in a specialty court program and successfully completes 10
the program. 11
(e) In the judgment of sentence under subdivision (a), the 12
court may order vehicle immobilization as provided in section 904d. 13
In the judgment of sentence under subdivision (b) or (c), the court 14
shall, unless the vehicle is ordered to be forfeited under section 15
625n, order vehicle immobilization as provided in section 904d. 16
(f) In the judgment of sentence under subdivision (b) or (c), 17
the court may impose the sanction permitted under section 625n. 18
(12) If a person is convicted of violating subsection (6), all 19
of the following apply: 20
(a) Except as otherwise provided in subdivision (b), the 21
person is guilty of a misdemeanor punishable by 1 or both of the 22
following: 23
(i) Community service for not more than 360 hours. 24
(ii) A fine of not more than $250.00. 25
(b) If the violation occurs within 7 years of 1 or more prior 26
convictions, the person may be sentenced to 1 or more of the 27
following: 28
(i) Community service for not more than 60 days. 29
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(ii) A fine of not more than $500.00. 1
(iii) Imprisonment for not more than 93 days. 2
(13) In addition to imposing the sanctions prescribed under 3
this section, the court may order the person to pay the costs of 4
the prosecution under the code of criminal procedure, 1927 PA 175, 5
MCL 760.1 to 777.69. 6
(14) A person sentenced to perform community service under 7
this section must not receive compensation and must reimburse the 8
state or appropriate local unit of government for the cost of 9
supervision incurred by the state or local unit of government as a 10
result of the person's activities in that service. 11
(15) If the prosecuting attorney intends to seek an enhanced 12
sentence under this section or a sanction under section 625n based 13
on the defendant having 1 or more prior convictions, the 14
prosecuting attorney shall include on the complaint and 15
information, or an amended complaint and information, filed in 16
district court, circuit court, municipal court, or family division 17
of circuit court, a statement listing the defendant's prior 18
convictions. 19
(16) If a person is charged with a violation of subsection 20
(1), (3), (4), (5), (7), or (8) or section 625m, the court shall 21
not permit the defendant to enter a plea of guilty or nolo 22
contendere to a charge of violating subsection (6) in exchange for 23
dismissal of the original charge. This subsection does not prohibit 24
the court from dismissing the charge on the prosecuting attorney's 25
motion. 26
(17) A prior conviction must be established at sentencing by 1 27
or more of the following: 28
(a) A copy of a judgment of conviction. 29
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(b) An abstract of conviction. 1
(c) A transcript of a prior trial or a plea-taking or 2
sentencing proceeding. 3
(d) A copy of a court register of actions. 4
(e) A copy of the defendant's driving record. 5
(f) Information contained in a presentence report. 6
(g) An admission by the defendant. 7
(18) Except as otherwise provided in subsection (20), if a 8
person is charged with operating a vehicle while under the 9
influence of a controlled substance or other intoxicating substance 10
or a combination of alcoholic liquor, a controlled substance, or 11
other intoxicating substance in violation of subsection (1) or a 12
local ordinance substantially corresponding to subsection (1), the 13
court shall require the jury to return a special verdict in the 14
form of a written finding or, if the court convicts the person 15
without a jury or accepts a plea of guilty or nolo contendere, the 16
court shall make a finding as to whether the person was under the 17
influence of a controlled substance or other intoxicating substance 18
or a combination of alcoholic liquor, a controlled substance, or 19
other intoxicating substance at the time of the violation. 20
(19) Except as otherwise provided in subsection (20), if a 21
person is charged with operating a vehicle while his or her the 22
person's ability to operate the vehicle was visibly impaired due to 23
his or her the person's consumption of a controlled substance or 24
other intoxicating substance or a combination of alcoholic liquor, 25
a controlled substance, or other intoxicating substance in 26
violation of subsection (3) or a local ordinance substantially 27
corresponding to subsection (3), the court shall require the jury 28
to return a special verdict in the form of a written finding or, if 29
19
ELF H02775'25_HB5907_INTR_1 wvjnxs
the court convicts the person without a jury or accepts a plea of 1
guilty or nolo contendere, the court shall make a finding as to 2
whether, due to the consumption of a controlled substance or a 3
combination of alcoholic liquor, a controlled substance, or other 4
intoxicating substance, the person's ability to operate a motor 5
vehicle was visibly impaired at the time of the violation. 6
(20) A special verdict described in subsections (18) and (19) 7
is not required if a jury is instructed to make a finding solely as 8
to either of the following: 9
(a) Whether the defendant was under the influence of a 10
controlled substance or a combination of alcoholic liquor, a 11
controlled substance, or other intoxicating substance at the time 12
of the violation. 13
(b) Whether the defendant was visibly impaired due to his or 14
her the defendant's consumption of a controlled substance or a 15
combination of alcoholic liquor, a controlled substance, or other 16
intoxicating substance at the time of the violation. 17
(21) If a jury or court finds under subsection (18), (19), or 18
(20) that the defendant operated a motor vehicle under the 19
influence of or while impaired due to the consumption of a 20
controlled substance or a combination of a controlled substance, an 21
alcoholic liquor, or other intoxicating substance, the court shall 22
do both of the following: 23
(a) Report the finding to the secretary of state. 24
(b) On a form or forms prescribed by the state court 25
administrator, forward to the department of state police a record 26
that specifies the penalties imposed by the court, including any 27
term of imprisonment, and any sanction imposed under section 625n 28
or 904d. 29
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(22) Except as otherwise provided by law, a record described 1
in subsection (21)(b) is a public record and the department of 2
state police shall retain the information contained on that record 3
for not less than 7 years. 4
(23) In a prosecution for a violation of subsection (6), the 5
defendant bears the burden of proving that the consumption of 6
alcoholic liquor was a part of a generally recognized religious 7
service or ceremony by a preponderance of the evidence. 8
(24) The court may order as a condition of probation that a 9
person convicted of violating subsection (1) or (8), or a local 10
ordinance substantially corresponding to subsection (1) or (8), 11
shall not operate a motor vehicle unless that vehicle is equipped 12
with an ignition interlock device approved, certified, and 13
installed as required under sections 625k and 625l. 14
(25) As used in this section: 15
(a) "Intoxicating substance" means any substance, preparation, 16
or a combination of substances and preparations other than alcohol 17
or a controlled substance, that is either of the following: 18
(i) Recognized as a drug in any of the following publications 19
or their supplements: 20
(A) The official United States Pharmacopoeia. 21
(B) The official Homeopathic Pharmacopoeia of the United 22
States. 23
(C) The official National Formulary. 24
(ii) A substance, other than food, taken into a person's body, 25
including, but not limited to, vapors or fumes, that is used in a 26
manner or for a purpose for which it was not intended, and that may 27
result in a condition of intoxication. 28
(b) "Prior conviction" means a conviction for any of the 29
21
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following, whether under a law of this state, a local ordinance 1
substantially corresponding to a law of this state, a law of the 2
United States substantially corresponding to a law of this state, 3
or a law of another state substantially corresponding to a law of 4
this state, subject to subsection (27): 5
(i) Except as provided in subsection (26), a violation or 6
attempted violation of any of the following: 7
(A) This section, except a violation of subsection (2), or a 8
violation of any prior enactment of this section in which the 9
defendant operated a vehicle while under the influence of 10
intoxicating or alcoholic liquor or a controlled substance, or a 11
combination of intoxicating or alcoholic liquor and a controlled 12
substance, or while visibly impaired, or with an unlawful bodily 13
alcohol content. 14
(B) Section 625m. 15
(C) Former section 625b. 16
(ii) Negligent homicide, manslaughter, or murder resulting from 17
the operation of a vehicle or an attempt to commit any of those 18
crimes. 19
(iii) Section 601d or 626(3) or (4). 20
(26) Except for purposes of the enhancement described in 21
subsection (12)(b), only 1 violation or attempted violation of 22
subsection (6), a local ordinance substantially corresponding to 23
subsection (6), or a law of another state substantially 24
corresponding to subsection (6) may be used as a prior conviction. 25
(27) If 2 or more convictions described in subsection (25) are 26
convictions for violations arising out of the same transaction, 27
only 1 conviction must be used to determine if the person has a 28
prior conviction. 29
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(28) Not later than 30 days after this state no longer 1
receives annual federal highway construction funding conditioned on 2
compliance with a national blood alcohol limit, the state treasurer 3
shall certify that fact. The state treasurer shall publish a 4
certification under this subsection on the department of treasury's 5
website. 6
Enacting section 1. This amendatory act takes effect 90 days 7
after the date it is enacted into law. 8