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MI HB6431
Bill
Status
9/14/2010
Primary Sponsor
Lesia Liss
Click for details
AI Summary
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Expands preliminary chemical analysis to include testing for controlled substances in addition to alcohol for operators of vessels, off-road vehicles (ORVs), and snowmobiles.
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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.
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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.
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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.
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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