August, 2021

We offer, on a continuing basis, summaries of recently signed, recently passed, and important proposed state legislation as a supplement to our annual survey.


Set Aside for First Violation Operating While Intoxicated Allowed

2021 PA 78 (HBs 4219 and 4220, immediate effect) amends MCL 780.621 and MCL 780.621c to allow a person to apply to have set aside (expunged), and allow a judge to set aside, a first violation operating while intoxicated offense. Certain violations, such as a drunk or drugged driving offense that caused the death or serious impairment of a bodily function of another person and any second or subsequent convictions for a drunk or drugged driving offense, would not be included in the offenses eligible to be set aside under the bills. The Governor signed the act on August 23, 2021. 

Sunset on .08 BAC Per Se Drunk Driving Limit Eliminated

2021 PA 80 (HBs 4308 & 4309, effective November 21, 2021) amends several sections of the Michigan Vehicle Code to eliminate the October 1, 2021 sunset provision for the .08 blood alcohol level for per se drunk driving. Without elimination of the sunset provision, the per se level would revert to the former .10 per se limit on October 1, 2021. The Governor signed the act on August 23, 2021. 


Require Immediate Incarceration for
Certain Offenses

HB 4719 would amend ML 750.316 to require that a person convicted of an offense for which life without parole is the punishment to be housed in the Department of Corrections immediately after conviction. The House passed the bill on August 17, 2021.


Allow Speeding Enforcement by Cameras

HB 5284 would amend the Michigan Vehicle Code by adding sections 2c and 627c to allow an “automatic speed enforcement system” through an electronic traffic sensor system that automatically detects a vehicle exceeding the posted speed limit and produces a recorded image of the vehicle that includes a clear image of the license plate, the location where the image was taken, and the date and time when the image was taken. The bill would require posting a sign at the approach to the street or highway indicating that it is monitored by an automatic speed enforcement system. The bill was introduced in the House on August 18, 2021.

by John Zevalking
Associate Editor