HOUSE BILL No. 4501

April 25, 2019, Introduced by Rep. Lilly and referred to the Committee on Judiciary.

A bill to amend 1927 PA 372, entitled

"An act to regulate and license the selling, purchasing,

possessing, and carrying of certain firearms, gas ejecting devices,

and electro-muscular disruption devices; to prohibit the buying,

selling, or carrying of certain firearms, gas ejecting devices, and

electro-muscular disruption devices without a license or other

authorization; to provide for the forfeiture of firearms and

electro-muscular disruption devices under certain circumstances; to

provide for penalties and remedies; to provide immunity from civil

liability under certain circumstances; to prescribe the powers and

duties of certain state and local agencies; to prohibit certain

conduct against individuals who apply for or receive a license to

carry a concealed pistol; to make appropriations; to prescribe

certain conditions for the appropriations; and to repeal all acts

and parts of acts inconsistent with this act,"

by amending section 5k (MCL 28.425k), as amended by 2015 PA 3.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 5k. (1) Acceptance of a license issued under this act to

carry a concealed pistol constitutes implied consent to submit to a

chemical analysis under this section. This section also applies to

individuals listed in section 12a.

(2) An individual shall not carry a concealed pistol or

portable device that uses electro-muscular disruption technology

while he or she is under the influence of alcoholic liquor or a

controlled substance or while having a bodily alcohol content or

tetrahydrocannabinol content prohibited under this section. An

individual who violates this section is responsible for a state

civil infraction or guilty of a crime as follows:

(a) If the person was under the influence of alcoholic liquor

or a controlled substance or a combination of alcoholic liquor and

a controlled substance, had a tetrahydrocannabinol content of 2

nanograms or more per milliliter of blood, or had a bodily alcohol

content of .10 or more grams per 100 milliliters of blood, per 210

liters of breath, or per 67 milliliters of urine, the individual is

guilty of a misdemeanor punishable by imprisonment for not more

than 93 days or $100.00, or both. The court shall order the county

clerk in the county in which the individual was issued a license to

carry a concealed pistol to revoke the license. The county clerk

shall notify the department of state police of the revocation in a

manner prescribed by the department of state police. The department

of state police shall immediately enter that revocation into the

law enforcement information network.

(b) If the person had a bodily alcohol content of .08 or more

but less than .10 grams per 100 milliliters of blood, per 210

liters of breath, or per 67 milliliters of urine, the individual is

guilty of a misdemeanor punishable by imprisonment for not more

than 93 days or $100.00, or both. The court shall order the county

clerk in the county in which the individual was issued a license to

carry a concealed pistol to suspend the license for 3 years. The

county clerk shall notify the department of state police of that

suspension in a manner prescribed by the department of state

police. The department of state police shall immediately enter that

suspension into the law enforcement information network.

but less than .08 grams per 100 milliliters of blood, per 210

liters of breath, or per 67 milliliters of urine, the individual is

responsible for a state civil infraction and shall be fined

$100.00. The peace officer shall notify the department of state

police of a civil infraction under this subdivision. The department

of state police shall notify the county clerk in the county in

which the individual was issued the license, who shall suspend the

license for 1 year. The department of state police shall

immediately enter that suspension into the law enforcement

information network.

(3) This section does not prohibit an individual licensed

under this act to carry a concealed pistol who has any bodily

alcohol content or tetrahydrocannabinol content from doing any of

the following:

(a) Transporting that pistol in the locked trunk of his or her

motor vehicle or another motor vehicle in which he or she is a

passenger or, if the vehicle does not have a trunk, from

transporting that pistol unloaded in a locked compartment or

container that is separated from the ammunition for that pistol.

(b) Transporting that pistol on a vessel if the pistol is

transported unloaded in a locked compartment or container that is

separated from the ammunition for that pistol.

disruption technology in the locked trunk of his or her motor

vehicle or another motor vehicle in which he or she is a passenger,

or, if the vehicle does not have a trunk, from transporting that

portable device in a locked compartment or container.

(d) Transporting a portable device using electro-muscular

disruption technology on a vessel if the portable device is

transported in a locked compartment or container.

(4) A peace officer who has probable cause to believe an

individual is carrying a concealed pistol or a portable device

using electro-muscular disruption technology in violation of this

section may require the individual to submit to a chemical analysis

of his or her breath, blood, or urine.

(5) Before an individual is required to submit to a chemical

analysis under subsection (4), the peace officer shall inform the

individual of all of the following:

(a) The individual may refuse to submit to the chemical

analysis, but if he or she chooses to do so, all of the following

apply:

(i) The officer may obtain a court order requiring the

individual to submit to a chemical analysis.

(ii) The refusal shall result in his or her license to carry a

concealed pistol being suspended for 6 months.

(b) If the individual submits to the chemical analysis, he or

she may obtain a chemical analysis described in subsection (4) from

a person of his or her own choosing.

(6) The collection and testing of breath, blood, and urine

specimens under this section ~~shall~~ must be conducted in the same

manner that breath, blood, and urine specimens are collected and

tested for alcohol- and controlled-substance-related driving

violations under the Michigan vehicle code, 1949 PA 300, MCL 257.1

to 257.923.

(7) If a person refuses to take a chemical test authorized

under this section, the person is responsible for a state civil

infraction and shall be fined $100.00. A peace officer shall

promptly report the refusal in writing to the department of state

police. The department of state police shall notify the county

clerk in the county in which the license was issued, who shall

suspend the license for 6 months. The department of state police

shall immediately enter that suspension into the law enforcement

information network.

(8) As used in this section:

(a) "Alcoholic liquor" means that term as defined in section

105 of the Michigan liquor control code of 1998, 1998 PA 58, MCL

436.1105.

(b) "Controlled substance" means that term as defined in

section 7104 of the public health code, 1978 PA 368, MCL 333.7104.

substance" means that the individual's ability to properly handle a

pistol or to exercise clear judgment regarding the use of that

pistol was substantially and materially affected by the consumption

of alcoholic liquor or a controlled substance.

Enacting section 1. This amendatory act does not take effect

unless all of the following bills of the 100th Legislature are

enacted into law:

(a) Senate Bill No.____ or House Bill No. 4502 (request no.

02174'19 a).

(b) Senate Bill No.____ or House Bill No. 4503 (request no.

02174'19 b).

02174'19 c).