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SENATE BILL NO. 1091
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 907 (MCL 257.907), as amended by 2024 PA 164;
and to repeal acts and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 907. (1) A violation of this act, or a local ordinance 1
that substantially corresponds to a provision of this act, that is 2
designated a civil infraction must not be considered a lesser 3
included offense of a criminal offense. 4
(2) Permission may be granted for payment of a civil fine and 5
costs to be made within a specified period of time or in specified 6
July 02, 2026, Introduced by Senators CAVANAGH, CHANG, DAMOOSE and SHINK and
referred to Committee on Civil Rights, Judiciary, and Public Safety.
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installments but, unless permission is included in the order or 1
judgment, the civil fine and costs must be payable immediately. 2
Except as otherwise provided in this section, a person found 3
responsible or responsible "with explanation" for a civil 4
infraction must pay costs as provided in subsection (4) and 1 or 5
more of the following civil fines, as applicable: 6
(a) Except as otherwise provided, for a civil infraction under 7
this act or a local ordinance that substantially corresponds to a 8
provision of this act, the person must be ordered to pay a civil 9
fine of not more than $100.00. 10
(b) If the civil infraction was a moving violation that 11
resulted in an at-fault collision with another vehicle, an 12
individual, or any other object, the civil fine ordered under this 13
section is increased by $25.00 but the total civil fine must not be 14
more than $100.00. 15
(c) For a violation of section 240, the civil fine ordered 16
under this section is $15.00. 17
(d) For a violation of section 312a(4)(a), the civil fine 18
ordered under this section must not be more than $250.00. 19
(e) For a first violation of section 319f(1), the civil fine 20
ordered under this section must not be less than $2,500.00 or more 21
than $2,750.00; for a second or subsequent violation, the civil 22
fine must not be less than $5,000.00 or more than $5,500.00. 23
(f) For a violation of section 319g(1)(a), the civil fine 24
ordered under this section must not be more than $10,000.00. 25
(g) For a violation of section 319g(1)(g), the civil fine 26
ordered under this section must not be less than $2,750.00 or more 27
than $25,000.00. 28
(h) For a violation of section 602b, the civil fine ordered 29
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under this section must be as follows: 1
(i) For a violation of section 602b(1), either of the 2
following: 3
(A) If the violation does not involve an accident, $100.00 for 4
a first offense and $250.00 for a second or subsequent offense. 5
(B) If the violation involves an accident, $200.00 for a first 6
offense and $500.00 for a second or subsequent offense. 7
(ii) For a violation of section 602b(2), either of the 8
following: 9
(A) If the violation does not involve an accident, $200.00 for 10
a first offense and $500.00 for a second or subsequent offense. 11
(B) If the violation involves an accident, $400.00 for a first 12
offense and $1,000.00 for a second or subsequent offense. 13
(i) For a violation of section 627c, the civil fine ordered 14
under this section must not be more than $150.00 for a second 15
violation as described in section 627c(2)(b) and $300.00 for a 16
third or subsequent violation described in section 627c(2)(c). 17
(j) For a violation of section 674(1)(s) or a local ordinance 18
that substantially corresponds to section 674(1)(s), the civil fine 19
ordered under this section must not be less than $100.00 or more 20
than $250.00. 21
(k) For a violation of section 676a(3), the civil fine ordered 22
under this section must not be more than $10.00. 23
(l) For a violation of section 676c, the civil fine ordered 24
under this section is $1,000.00. 25
(m) For a violation of section 682 or a local ordinance that 26
substantially corresponds to section 682, the civil fine ordered 27
under this section must not be less than $100.00 or more than 28
$500.00. 29
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(n) For a violation of section 710d, the civil fine ordered 1
under this section must not be more than $10.00, subject to 2
subsection (11). 3
(o) For a violation of section 710e, the civil fine and court 4
costs ordered under this subsection must be $25.00. 5
(3) Except as otherwise provided in this section, if an 6
individual is determined to be responsible or responsible "with 7
explanation" for a civil infraction under this act or a local 8
ordinance that substantially corresponds to a provision of this act 9
while driving a commercial motor vehicle, the individual must be 10
ordered to pay costs as provided in subsection (4) and a civil fine 11
of not more than $250.00. 12
(4) If Except as otherwise provided in this section, if a 13
civil fine is ordered under subsection (2) or (3), the judge or 14
district court magistrate shall summarily tax and determine the 15
costs of the action, which are not limited to the costs taxable in 16
ordinary civil actions, and may include all expenses, direct and 17
indirect, to which the plaintiff has been put in connection with 18
the civil infraction, up to the entry of judgment. Costs must not 19
be ordered in excess of $100.00. A civil fine ordered under 20
subsection (2) or (3) must not be waived unless costs ordered under 21
this subsection are waived. Except as otherwise provided by law, 22
costs are payable to the general fund of the plaintiff. 23
(5) In addition to a civil fine and costs ordered under 24
subsection (2) or (3) and subsection (4) and the justice system 25
assessment ordered under subsection (12), the judge or district 26
court magistrate may order the individual to attend and complete a 27
program of treatment, education, or rehabilitation. 28
(6) A district court magistrate shall impose the sanctions 29
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permitted under subsections (2), (3), and (5) only to the extent 1
expressly authorized by the chief judge or only judge of the 2
district court district. 3
(7) Each district of the district court and each municipal 4
court may establish a schedule of civil fines, costs, and 5
assessments to be imposed for civil infractions that occur within 6
the respective district or city. If a schedule is established, it 7
must be prominently posted and readily available for public 8
inspection. A schedule need not include all violations that are 9
designated by law or ordinance as civil infractions. A schedule may 10
exclude cases on the basis of a defendant's prior record of civil 11
infractions or traffic offenses, or a combination of civil 12
infractions and traffic offenses. If a schedule is established, the 13
schedule must make note of the exception for indigent individuals 14
and include the process for determining indigency under sections 15
1495 to 1497 of the revised judicature act of 1961, 1961 PA 236, 16
MCL 600.1495 to 600.1497. 17
(8) The state court administrator shall annually publish and 18
distribute to each district and court a recommended range of civil 19
fines and costs for first-time civil infractions. This 20
recommendation is not binding on the courts that have jurisdiction 21
over civil infractions but is intended to act as a normative guide 22
for judges and district court magistrates and a basis for public 23
evaluation of disparities in the imposition of civil fines and 24
costs throughout this state. 25
(9) If a person has received a civil infraction citation for 26
defective safety equipment on a vehicle under section 683, the 27
court shall waive a civil fine, costs, and assessments on receipt 28
of certification by a law enforcement agency that repair of the 29
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defective equipment was made before the appearance date on the 1
citation. 2
(10) A default in the payment of a civil fine or costs ordered 3
under subsection (2), (3), or (4) or a justice system assessment 4
ordered under subsection (12), or an installment of the fine, 5
costs, or assessment, may be collected by a means authorized for 6
the enforcement of a judgment under chapter 40 of the revised 7
judicature act of 1961, 1961 PA 236, MCL 600.4001 to 600.4065, or 8
under chapter 60 of the revised judicature act of 1961, 1961 PA 9
236, MCL 600.6001 to 600.6098. 10
(11) Before the effective date of 2024 PA 22, April 2, 2025, 11
the court may waive any civil fine, cost, or assessment against an 12
individual who received a civil infraction citation for a violation 13
of section 710d if the individual, before the appearance date on 14
the citation, supplies the court with evidence of acquisition, 15
purchase, or rental of a child seating system meeting the 16
requirements of section 710d. Beginning on the effective date of 17
2024 PA 22, April 2, 2025, the court may waive any civil fine, 18
cost, or assessment against an individual who received a civil 19
infraction citation for a violation of section 710d if the 20
individual, before the appearance date on the citation, supplies 21
the court with evidence of acquisition of a child seating system 22
that meets the requirements of section 710d and evidence that the 23
individual has received education from a certified child passenger 24
safety technician. 25
(12) In Except as otherwise provided under this section, in 26
addition to any civil fines or costs ordered to be paid under this 27
section, the judge or district court magistrate shall may order the 28
defendant to pay a justice system assessment of $40.00 for each 29
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civil infraction determination, except for a parking violation or a 1
violation for which the total fine and costs imposed are $10.00 or 2
less. On payment of the assessment, the clerk of the court shall 3
transmit the assessment collected to the state treasury to be 4
deposited into the justice system fund created in section 181 of 5
the revised judicature act of 1961, 1961 PA 236, MCL 600.181. An 6
assessment levied under this subsection is not a civil fine for 7
purposes of section 909. 8
(13) If a person has received a citation for a violation of 9
section 223, the court shall waive any civil fine, costs, and 10
assessment on receipt of certification by a law enforcement agency 11
that the person, before the appearance date on the citation, 12
produced a valid registration certificate that was valid on the 13
date the violation of section 223 occurred. 14
(14) If a person has received a citation for a violation of 15
section 328(1) for failing to produce a certificate of insurance 16
under section 328(2), the court may waive the fee described in 17
section 328(3)(c) and shall waive any fine, costs, and any other 18
fee or assessment otherwise authorized under this act on receipt of 19
verification by the court that the person, before the appearance 20
date on the citation, produced valid proof of insurance that was in 21
effect when the violation of section 328(1) occurred. Insurance 22
obtained after the violation occurred does not make the person 23
eligible for a waiver under this subsection. 24
(15) If Except as otherwise provided under this section, if a 25
person is determined to be responsible or responsible "with 26
explanation" for a civil infraction under this act or a local 27
ordinance that substantially corresponds to a provision of this act 28
and the civil infraction arises out of the ownership or operation 29
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of a commercial quadricycle, the person must be ordered to pay 1
costs as provided in subsection (4) and a civil fine of not more 2
than $500.00. 3
(16) Beginning after the effective date of the amendatory act 4
that added this subsection, before imposing a civil fine, costs, or 5
justice system assessment under this section, the judge or district 6
court magistrate shall conduct an indigency assessment and make an 7
indigency determination in accordance with sections 1495 to 1497 of 8
the revised judicature act of 1961, 1961 PA 236, MCL 600.1495 to 9
600.1497. If the judge or district court magistrate finds that the 10
individual is indigent, the judge or district court magistrate has 11
the discretion to order the individual to pay a civil fine as 12
provided in this section, but shall not order the individual to pay 13
costs or a justice system assessment. 14
(17) (16) As used in this section, "moving violation" means an 15
act or omission prohibited under this act or a local ordinance that 16
substantially corresponds to this act that involves the operation 17
of a motor vehicle and for which a fine may be assessed. 18
Enacting section 1. Section 908 of Michigan vehicle code, 1949 19
PA 300, MCL 257.908, is repealed. 20
Enacting section 2. This amendatory act does not take effect 21
unless Senate Bill No. 1089 of the 103rd Legislature is enacted 22
into law. 23