District Court Update

April 2009

The legislature has recently passed, on December 18, 2008, a new bill adding a new drunk driving law. A new section has been added to make it a separate crime for a person to operate a vehicle with a bodily alcohol content (BAC) of .17 or greater. MCL 257.625(1)(c). Referred to as "super-drunks", this provision requires that a person have a breath alcohol ignition interlock device installed on their vehicle upon conviction. This new law, being 2008 PA 462 will not take effect until October 31, 2010.

Several other new laws have been added. Most notably, it is now a crime to leave a child unattended in a vehicle for a period of time, or circumstances, that would pose a risk of harm or injury to the child. 2008 PA 519, MCL 750.1 et seq. Punishment is up to 93 days in jail, 1 year if harm results, 10 years if serious harm results, and 15 years if death results.

The offense of Failure to Present a Pistol for Safety inspection has now been repealed. 2008 PA 195 & 196. MCL 750.224b and 750.231a.

2008 PA 475 makes it a 5 year felony to steal a catalytic converter. This law is purportedly in response to the recent thefts of precious metals. In contrast, the penalty for stealing the entire vehicle under the UDAA statute.is the same.

In addition, 2008 PA 484 reestablishes MCL 472.21, the Non-profit Streetcar Railway Act of 1867, which was repealed in 1915. The Act makes Derailment of a Streetcar a life offense and includes it in the sentencing guidelines for other offenses. Now there’s something we’ll see frequently, provided we move to San Francisco.

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