HB 6250

HOUSE BILL NO. 6250
A bill to amend 1949 PA 300, entitled
"Michigan vehicle code,"
by amending section 907 (MCL 257.907), as amended by
2024 PA 164.
the people of the state of michigan enact:
Sec. 907. (1) A violation of this act, or a local
ordinance that substantially corresponds to a provision of this act, that is
designated a civil infraction must not be considered a lesser included offense
of a criminal offense.
(2) Permission may
be granted for payment of a civil fine and costs to be made within a specified
period of time or in specified installments but, unless permission is included
in the order or judgment, the civil fine and costs must be payable immediately.
Except as otherwise provided, a person found responsible or responsible
"with explanation" for a civil infraction must pay costs as provided
in subsection (4) and 1 or more of the following civil fines, as applicable:
(a) Except as
otherwise provided, for a civil infraction under this act or a local ordinance
that substantially corresponds to a provision of this act, the person must be
ordered to pay a civil fine of not more than $100.00.
(b) If the civil
infraction was a moving violation that resulted in an at-fault collision with
another vehicle, an individual, or any other object, the civil fine ordered
under this section is increased by $25.00 but the total civil fine must not be
more than $100.00.
(c) For a violation
of section 240, the civil fine ordered under this section is $15.00.
(d) For a violation
of section 312a(4)(a), the civil fine ordered under this section must not be
more than $250.00.
(e) For a first
violation of section 319f(1), the civil fine ordered under this section must
not be less than $2,500.00 or more than $2,750.00; for a second or subsequent
violation, the civil fine must not be less than $5,000.00 or more than
$5,500.00.
(f) For a violation
of section 319g(1)(a), the civil fine ordered under this section must not be
more than $10,000.00.
(g) For a violation
of section 319g(1)(g), the civil fine ordered under this section must not be
less than $2,750.00 or more than $25,000.00.
(h) For a violation
of section 602b, the civil fine ordered under this section must be as follows:
(i) For a violation of section 602b(1),
either of the following:
(A) If the
violation does not involve an accident, $100.00 for a first offense and $250.00
for a second or subsequent offense.
(B) If the
violation involves an accident, $200.00 for a first offense and $500.00 for a
second or subsequent offense.
(ii) For a violation of section 602b(2),
either of the following:
(A) If the
violation does not involve an accident, $200.00 for a first offense and $500.00
for a second or subsequent offense.
(B) If the
violation involves an accident, $400.00 for a first offense and $1,000.00 for a
second or subsequent offense.
(i) For a violation
of section 627c, the civil fine ordered under this section must not be more
than $150.00 for a second violation as described in section 627c(2)(b) and
$300.00 for a third or subsequent violation described in section 627c(2)(c).
(j) For a violation
of section 674(1)(s) or a local ordinance that substantially corresponds to
section 674(1)(s), the civil fine ordered under this section must not be less
than $100.00 or more than $250.00.
(k) For a violation
of section 676a(3), the civil fine ordered under this section must not be more
than $10.00.
(l) For a violation of section 676c, the
civil fine ordered under this section is $1,000.00.
(m) For a violation
of section 682 or a local ordinance that substantially corresponds to section
682, the civil fine ordered under this section must not be less than $100.00 or
more than $500.00.
(n) For a violation
of section 710d, the civil fine ordered under this section must not be more
than $10.00, subject to subsection (11).
(o) For a violation
of section 710e, the civil fine and court costs ordered under this subsection
must be $25.00.
(3) Except as
otherwise provided in this section, if an individual is determined to be
responsible or responsible "with explanation" for a civil infraction
under this act or a local ordinance that substantially corresponds to a
provision of this act while driving a commercial motor vehicle, the individual
must be ordered to pay costs as provided in subsection (4) and a civil fine of
not more than $250.00.
(4) If a civil fine
is ordered under subsection (2) or (3), the judge or district court magistrate
shall summarily tax and determine the costs of the action, which are not
limited to the costs taxable in ordinary civil actions, and may include all
expenses, direct and indirect, to which the plaintiff has been put in
connection with the civil infraction, up to the entry of judgment. Costs must
not be ordered in excess of $100.00. A civil fine ordered under subsection (2)
or (3) must not be waived unless costs ordered under this subsection are
waived. Except as otherwise provided by law, costs are payable to the general
fund of the plaintiff.
(5) In addition to
a civil fine and costs ordered under subsection (2) or (3) and subsection (4)
and the justice system assessment ordered under subsection (12), the judge or
district court magistrate may order the individual to attend and complete a program
of treatment, education, or rehabilitation.
(6) A district
court magistrate shall impose the sanctions permitted under subsections (2),
(3), and (5) only to the extent expressly authorized by the chief judge or only
judge of the district court district.
(7) Each district
of the district court and each municipal court may establish a schedule of
civil fines, costs, and assessments to be imposed for civil infractions that
occur within the respective district or city. If a schedule is established, it
must be prominently posted and readily available for public inspection. A
schedule need not include all violations that are designated by law or
ordinance as civil infractions. A schedule may exclude cases on the basis of a
defendant's prior record of civil infractions or traffic offenses, or a
combination of civil infractions and traffic offenses.
(8) The state court
administrator shall annually publish and distribute to each district and court
a recommended range of civil fines and costs for first-time civil infractions.
This recommendation is not binding on the courts that have jurisdiction over
civil infractions but is intended to act as a normative guide for judges and
district court magistrates and a basis for public evaluation of disparities in
the imposition of civil fines and costs throughout this state.
(9) If a person has
received a civil infraction citation for defective safety equipment on a
vehicle under section 683, the court shall waive a civil fine, costs, and
assessments on receipt of certification by a law enforcement agency that repair
of the defective equipment was made before the appearance date on the citation.
(10) A default in
the payment of a civil fine or costs ordered under subsection (2), (3), or (4)
or a justice system assessment ordered under subsection (12), or an installment
of the fine, costs, or assessment, may be collected by a means authorized for
the enforcement of a judgment under chapter 40 of the revised judicature act of
1961, 1961 PA 236, MCL 600.4001 to 600.4065, or under chapter 60 of the revised
judicature act of 1961, 1961 PA 236, MCL 600.6001 to 600.6098.
(11) Before the effective date of 2024 PA 22, the court may
waive any civil fine, cost, or assessment against an individual who received a
civil infraction citation for a violation of section 710d if the individual,
before the appearance date on the citation, supplies the court with evidence of
acquisition, purchase, or rental of a child seating system meeting the
requirements of section 710d. Beginning on the effective date of 2024 PA 22,
the The court may waive any civil fine,
cost, or assessment against an individual who received a civil infraction
citation for a violation of section 710d if the individual, before the
appearance date on the citation, supplies the court with evidence of acquisition
of a child seating system that meets the requirements of section 710d and
evidence that the individual has received education from a certified child
passenger safety technician.
(12) In addition to
any civil fines or costs ordered to be paid under this section, the judge or
district court magistrate shall order the defendant to pay a justice system
assessment of $40.00 for each civil infraction determination, except for a
parking violation or a violation for which the total fine and costs imposed are
$10.00 or less. On payment of the assessment, the clerk of the court shall
transmit the assessment collected to the state treasury to be deposited into
the justice system fund created in section 181 of the revised judicature act of
1961, 1961 PA 236, MCL 600.181. An assessment levied under this subsection is
not a civil fine for purposes of section 909.
(13) If a person
has received a citation for a violation of section 223, the court shall waive
any civil fine, costs, and assessment on receipt of certification by a law
enforcement agency that the person, before the appearance date on the citation,
produced a valid registration certificate that was valid on the date the
violation of section 223 occurred.
(14) If a person
has received a citation for a violation of section 328(1) for failing to
produce a certificate of insurance under section 328(2), the court may waive
the fee described in section 328(3)(c) and shall waive any fine, costs, and any
other fee or assessment otherwise authorized under this act on receipt of
verification by the court that the person, before the appearance date on the
citation, produced valid proof of insurance that was in effect when the
violation of section 328(1) occurred. Insurance obtained after the violation
occurred does not make the person eligible for a waiver under this subsection.
(15) If a person is
determined to be responsible or responsible "with explanation" for a
civil infraction under this act or a local ordinance that substantially
corresponds to a provision of this act and the civil infraction arises out of
the ownership or operation of a commercial quadricycle, the person must be
ordered to pay costs as provided in subsection (4) and a civil fine of not more
than $500.00.
(16) If an individual has received a citation for a violation of section
225 for displaying on the individual's vehicle a registration plate that is not
in a clearly legible condition, the court shall waive any civil fine, costs,
and assessment if the individual supplies the court with evidence that the
individual obtained a registration plate that meets the requirements of section
225 before the appearance date on the citation
and is displaying the registration plate on the individual's vehicle.
(17) (16) As
used in this section, "moving violation" means an act or omission
prohibited under this act or a local ordinance that substantially corresponds
to this act that involves the operation of a motor vehicle and for which a fine
may be assessed.