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Bill > HB4390


MI HB4390

MI HB4390
Crimes: intoxication or impairment; methods of testing intoxication or impairment in the Michigan vehicle code; expand to include other bodily fluid. Amends secs. 43b & 319b of 1949 PA 300 (MCL 257.43b & 257.319b) & adds sec. 36d. TIE BAR WITH: HB 4391'25


summary

Introduced
04/24/2025
In Committee
07/17/2025
Crossed Over
07/01/2025
Passed
Dead

Introduced Session

103rd Legislature

Bill Summary

A bill to amend 1949 PA 300, entitled"Michigan vehicle code,"by amending sections 43b and 319b (MCL 257.43b and 257.319b), section 43b as added by 2016 PA 243 and section 319b as amended by 2023 PA 39, and by adding section 36d.

AI Summary

This bill expands Michigan's vehicle code to include "other bodily fluid" as a method of testing for intoxication or impairment, specifically focusing on oral fluid tests. The bill modifies definitions and provisions related to commercial driver's licenses, allowing peace officers (instead of only certified drug recognition experts) to conduct preliminary oral fluid analyses to detect the presence of controlled substances. The changes impact how the Secretary of State handles license suspensions and revocations, particularly for commercial drivers who refuse chemical tests or are found responsible for certain traffic violations. The bill broadens the types of bodily fluids that can be used for testing from blood, breath, and urine to now include oral fluid and other bodily fluids capable of revealing the presence of controlled substances or their metabolites. The amendments apply to various scenarios involving commercial motor vehicle operation, including serious traffic violations, alcohol-related offenses, and instances of refusing chemical testing. The bill will take effect 90 days after enactment and is contingent on the passage of a related House Bill (HB 4391).

Committee Categories

Government Affairs, Justice

Sponsors (33)

Last Action

Referred To Committee On Civil Rights, Judiciary, And Public Safety (on 07/17/2025)

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