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MI HB5779

Bill

Status

Introduced

9/9/2014

Primary Sponsor

Wayne Schmidt

Click for details

Origin

House of Representatives

97th Legislature

AI Summary

  • Expands admissibility of chemical test results from accidents to include urine samples in addition to blood samples, allowing prosecution to use either or both samples obtained during medical treatment.

  • Authorizes peace officers to arrest without warrant persons operating commercial motor vehicles with any measurable alcohol or detectable presence of alcoholic liquor, with refusal to submit to preliminary breath analysis constituting a misdemeanor punishable by up to 93 days imprisonment or $100 fine.

  • Makes preliminary chemical breath analysis results admissible in criminal prosecutions and administrative hearings to establish arrest validity and rebut testimony about defendant's blood alcohol content at time of offense.

  • Requires commercial motor vehicle operators to be advised that refusing a preliminary breath analysis is a misdemeanor and will result in a 24-hour out-of-service order.

  • Adds new circumstance for chemical testing consent when peace officer has reasonable cause to believe operator caused accident resulting in death or great bodily harm.

Legislative Description

Traffic control; accidents; samples used for chemical analysis; expand to include urine. Amends secs. 625a & 625c of 1949 PA 300 (MCL 257.625a & 257.625c).

Criminal procedure, evidence

Last Action

Printed Bill Filed 09/10/2014

9/10/2014

Committee Referrals

Judiciary9/9/2014

Full Bill Text

No bill text available