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MI HB4131
Bill
Status
5/14/2013
Primary Sponsor
Klint Kesto
Click for details
AI Summary
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Modifies offense variable 3 (physical injury to victim) to score 50 points if death results from operation of a vehicle, vessel, ORV, snowmobile, aircraft, or locomotive when the offender had an alcohol content of 0.08 grams or more per 100 milliliters of blood (or equivalent measures) or was under the influence of controlled substances listed in schedule 1.
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Amends offense variable 18 (operator ability affected by alcohol or drugs) to maintain the 0.08 grams per 100 milliliters blood alcohol threshold as the standard, with a contingency that beginning October 1, 2018, this may change to 0.10 grams.
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Establishes graduated penalty points for operating under the influence: 20 points for 0.20 or higher alcohol content, 15 points for 0.15-0.19, 10 points for 0.08-0.14 (or 0.10-0.14 after October 1, 2018), and 5 points for visible impairment or any alcohol content for operators under 21.
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Defines "any bodily alcohol content" for minors as 0.02 grams or more per 100 milliliters blood, or any presence of alcohol from consumption (with religious exceptions).
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Takes effect only if House Bill 4093 of the 97th Legislature is enacted into law.
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 4093'13
Criminal procedure, sentencing guidelines
Last Action
Assigned Pa 24'13 With Immediate Effect
5/14/2013