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MI HB5664
Bill
Status
5/23/2012
Primary Sponsor
Matthew Lori
Click for details
AI Summary
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Amends Michigan's sentencing guidelines (MCL 777.33 and 777.48) regarding alcohol content thresholds for operating vehicles while impaired.
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Removes a scheduled increase to 0.10 grams alcohol content threshold that was set to take effect October 1, 2013, maintaining the threshold at 0.08 grams per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.
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Applies the 0.08 threshold to offense variable 3 (physical injury) and offense variable 18 (operator ability affected by alcohol or drugs) in sentencing calculations for crimes involving vehicle operation while impaired.
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Creates a definition of "any bodily alcohol content" as either 0.02-0.08 grams (with an alternative 0.02-0.10 grams threshold beginning October 1, 2013) or any presence of alcohol from consumption outside religious services.
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Bill is contingent on enactment of Senate Bill No. ____ or House Bill No. 5665, making its effectiveness dependent on companion legislation.
Legislative Description
Criminal procedure; sentencing guidelines; alcohol content for individuals operating a motor vehicle under the influence of alcoholic liquor in the code of criminal procedure; maintain at 0.08 without reversion to 0.10. Amends secs. 33 & 48, ch. XVII of 1927 PA 175 (MCL 777.33 & 777.48). TIE BAR WITH: HB 5665'12
Criminal procedure, sentencing guidelines
Last Action
Referred To Second Reading
9/27/2012