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STEVENS T. MASON BUILDING ● P.O. www.michigan.gov ● (517) 373-2329 |
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State of
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JENNIFER M. GRANHOLM governor |
DEPARTMENT
OF NATURAL RESOURCES |
K. L. COOL director |
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STEVENS T. MASON BUILDING ● P.O. www.michigan.gov ● (517) 373-2329 |
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State of
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JENNIFER M. GRANHOLM governor |
DEPARTMENT
OF NATURAL RESOURCES |
K. L. COOL director |
BILL
NUMBER: SB 658 and SB 659 AS
INTRODUCED (SB 659 TIE BAR: SB 658)
TOPIC: Marine safety – accidents
involving serious impairment or death
SPONSOR: SB
658 and SB 659 – Tony Stamas
CO-SPONSORS: None
COMMITTEE: Committee
on Judiciary
Analysis Done:
POSITION
The
Department supports the bills.
PROBLEM/BACKGROUND
Under
current marine safety law, a vessel operator leaving the scene of an accident
and not rendering reasonable assistance, regardless of the seriousness of the
accident, can only be charged with a misdemeanor offense. Although this may be appropriate for minor
accidents, failing to stop and rendering reasonable assistance at the scene of
an accident that involves serious impairment of a body function or death should
be treated more proportionately under law.
DESCRIPTION OF BILL
Senate
Bill 658 would amend Part 801, “Marine Safety,” of 1994 PA 451 to make it a
felony offense for a vessel operator to leave the scene of an accident, whereby
failing to identify themselves and render reasonable assistance, after he or
she knows or has reason to know that he or she has been involved in an accident
resulting in serious impairment of a body function or death of a person.
Senate
Bill 659 would amend “The Code of Criminal Procedure,” 1927 PA 175 to establish
a Class E felony with 5 years maximum for conviction of failure to stop at the
scene of a marine accident causing serious impairment and a Class C felony with
15 years maximum for conviction of failure to stop at the scene of a marine
accident causing death.
Bill No. SB 658 and SB 659 Page 2 |
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SUMMARY OF ARGUMENTS
Pro
Failing
to stop, identify oneself and render assistance after being involved in a
vessel accident resulting in serious impairment of a body function or death
should be treated with more severity than a simple misdemeanor offense punishable
by 90 days and a $100 fine. The proposed
amendment would establish a permissible penalty commensurate with that
established for operators of motor vehicles who fail to stop, identify
themselves and render reasonable assistance under similar circumstances (1949
PA 300, “Michigan Vehicle Code,” MCL 257.617).
Con
The Department is not aware of any arguments in
opposition to the bills.
FISCAL/ECONOMIC
IMPACT
Are there revenue or budgetary implications in the
bill to the --
Budgetary:
None.
Revenue:
None.
Comments:
None.
Budgetary:
None.
Revenue:
None.
Comments:
None.
Comments:
None.
OTHER STATE DEPARTMENTS
Based
upon historical data, we would expect, at most, no more than one or two
convictions per year under this felony provision and a correspondingly
negligible impact upon Department of Corrections operations.
ANY OTHER PERTINENT INFORMATION
None.
Bill No. SB 658 and SB 659 Page 3 |
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ADMINISTRATIVE
RULES IMPACT
None.
_______________________________
K. L. Cool
Director
_______________________________
Date
LED
