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MI HB6431

Bill

Status

Introduced

9/14/2010

Primary Sponsor

Lesia Liss

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Origin

House of Representatives

95th Legislature

AI Summary

  • Expands preliminary chemical analysis to include testing for controlled substances in addition to alcohol for operators of vessels, off-road vehicles (ORVs), and snowmobiles.

  • Adds "preliminary chemical oral fluids analysis" using immunochemical assay as an authorized testing method to detect controlled substances in oral fluids during field sobriety evaluations.

  • Allows preliminary chemical analysis results to be admissible in criminal prosecutions and administrative hearings to challenge arrest validity, with confirmation by liquid chromatography-mass spectrometry required for other purposes.

  • Establishes penalties for refusing preliminary chemical analysis: up to $500 civil fine for vessel operators, civil infraction for ORV operators, and misdemeanor for snowmobile operators.

  • Requires peace officers administering preliminary chemical analysis to complete state-certified training and mandates that arrested persons be advised of their rights regarding chemical testing and consequences of refusal.

Legislative Description

Controlled substances; other; administering field test for presence of controlled substances to operator of ATV, snowmobile, or vessel; authorize. Amends secs. 80104, 80180, 80181, 81141, 82136 & 82137 of 1994 PA 451 (MCL 324.80104 et seq.).

Crimes, controlled substances

Last Action

Printed Bill Filed 09/15/2010

9/15/2010

Committee Referrals

Judiciary9/14/2010

Full Bill Text

No bill text available