New Legislation with Potential Positive Impact - January, 2021

New Legislation Eliminates Jail as a Punishment for Certain Driving Offenses, Non-Serious Misdemeanors, Intermediate Sanctions and Eliminates Driver’s License Suspensions for Non-Driving Offenses

       Near the end of the 2019-2020 session, the Legislature passed (and the Governor signed) a number of bills with potential positive impact for Michiganders involved in the criminal justice system. These include legislation that eliminates jail for many driving offenses, creates a presumption that non-serious misdemeanor convictions are not punishable by jail or probation sentences, eliminates jail as an intermediate sanction, and eliminates driver’s license sanctions for non-driving offenses. We list below some of the offenses or offense types affected by this new legislation:

Misdemeanors Now Civil Infractions for Driving Offenses

HB 5853 (2020 PA 382, effective October 1, 2021) changes most, but not all, misdemeanors in the Michigan Vehicle Code to civil infractions (eliminating jail as a possible punishment). The sections of the vehicle code affected and their new sanctions are:


Section

Offense

Previously

Now Under Act

239

Failing or neglecting to properly endorse and deliver a certificate of title

Misdemeanor: fine of up to $100, imprisonment for up to 90 days, or both

Civil infraction: civil fine of up to $100

 

312a

Operating a motorcycle without a motorcycle indorsement

First offense: misdemeanor: fine of up to $500, imprisonment for up to 90 days, or both

 

Subsequent offense: misdemeanor: fine of up to $1,000, imprisonment for up to one year, or both

First offense: civil infraction: civil fine of up to $250

 

Second offense: misdemeanor: fine of up to $500, imprisonment for up to one year, or both

325

Allowing unlicensed minor to drive

Misdemeanor: fine of up to $100, imprisonment for up to 90 days, or both

Civil infraction: civil fine of up to $100

 

624b

Knowingly transferring vehicle title to avoid minor-in-possession impoundment

Misdemeanor: fine of up to $100, imprisonment for up to 90 days, or both

Civil infraction: civil fine of up to $100

 

677a

Improper removal or deposit of snow, ice, or slush in shoulder or roadway

Misdemeanor: fine of up to $100, imprisonment for up to 90 days, or both

Civil infraction: civil fine of up to $100

682c

Operating snow removal vehicle without proper lights

Misdemeanor: fine of up to $500, imprisonment for up to 90 days, or both

Civil infraction: civil fine of up to $100

 

 

 

698

Selling or providing police or other emergency vehicle lights to an unauthorized person

***

Improper use or possession of flashing, oscillating, or rotating lights

***

Activating lights authorized for specified activities while not engaged in the activities authorized (e.g., operating emergency vehicle lights when not responding to an emergency)

***

Operating emergency vehicle outside of terms of authorization

***

Operating private security vehicle with lights activated when vehicle is in motion on a public highway

Misdemeanor: fine of up to $100, imprisonment for up to 90 days, or both

 

Civil infraction: civil fine of up to $100

 

707c

Dealer selling a used vehicle that is not in compliance with the Michigan Vehicle Code

***

Person operating or dealer selling motor vehicle that violates noise provisions

***

Operating or selling a muffler or exhaust part that violates noise provisions

***

Modifying, replacing, or removing a muffler or exhaust part causing violation of noise provisions or operating a vehicle so equipped

Misdemeanor: fine of up to $100, imprisonment for up to 90 days, or both

Civil infraction: civil fine of up to $100

 

 

Non-Jail, Non-Probation Sentences Presumed for Non-Serious Misdemeanors

       SB 1048 (2020 PA 395 effective March 24, 2021) creates a rebuttable presumption that an individual convicted of a misdemeanor other than a serious misdemeanor must sentenced to a fine, community service, or other nonjail or nonprobation sentence.

       A “serious misdemeanor” under the act means that term as defined in Crime Victim’s Rights Act (MCL 780.811), which defines the term to include a wide range of misdemeanor offenses and substantially similar local ordinances, such as domestic violence and assault and battery, breaking and entering, child abuse in the fourth degree, certain firearm violations, injuring a worker in a work zone, and certain drunk and drugged driving offenses, among other offenses. Assaultive crime would include a wide range of misdemeanor and felony offenses that include assault, homicide, manslaughter, assaults against pregnant women, stalking, child abuse, discharging a firearm from a vehicle, kidnapping, rape, armed robbery, terrorism, and violations involving bombs and explosives.

 Jail As Punishment Removed from Intermediate Sanction

       SB 1048 (2020 PA 395) also removes jail, probation with jail, jail with work or school release, and jail with or without authorization for day parole from the list of examples of intermediate sanctions. Previously, an intermediate sanction could include a jail term that does not exceed the upper limit of the recommended minimum sentence range or 12 months, whichever is less. The new legislation removes that provision.

Driver’s License Restrictions Eliminated for Non-Driving Offenses

       HB 5846 (2020 PA 376, effective October 1, 2021) eliminates driver’s license sanctions (suspension, revocation, or restriction) for offenses that do not directly involve the operation of a vehicle. License restrictions are no longer permitted for the following offenses:

 ·         Having two or more moving violations in the previous three years.

 ·         Failing to answer citations for three or more parking violations, or two or more for citations that involve parking for persons with disabilities.

·         Failing to appear in response to a citation or to comply with an order or judgment, including failing to pay all fines, costs, fees, and assessments, for several civil infractions under the code.

 ·         Failing to appear in response to a citation or to comply with an order or judgment, including failing to pay all fines, costs, fees, and assessments, for state civil infractions under Chapter 88 of the Revised Judicature Act.

 ·         Failing to pay a driver responsibility fee or engage in the alternative workforce training.

 ·         Failing to report a change of address, falsely reporting a change of address, or reporting a change of address for someone else without their permission.

 ·         Perjury or making a false certification to the Secretary of State.

 ·         Fraudulently altering or forging documents pertaining to motor vehicles.

 ·         Failing to provide proof of insurance.

 ·         Unlawful use of a driver’s license (among other things, altering a license, having a fake or altered license, letting someone else use it or using someone else’s).

 ·         Making a false report of a crime or emergency at a school (e.g., a false school bomb threat).

 ·         Using a fake ID to buy alcohol as a minor, purchasing alcohol as a minor, being a minor in possession of alcohol.

 ·         Selling alcohol to a minor.

 ·         Open alcohol in a vehicle.

 ·         Using a motor vehicle without permission of its owner, but also without the intent to steal it (joyriding).

 ·         Malicious destruction with a vehicle of trees, shrubs, grass, turf, plants, crops, or soil.

 ·         Committing motor fuel theft.

 ·         Missing payments under a support order or obligation or for failing to comply with a parenting time order.

 by John Zevalking, Associate Editor