Glossary

A

Accused

For purposes of the Code of Criminal Procedure, accused or a similar word “means an individual or, unless a contrary intention appears, a public or private corporation, partnership, or unincorporated or voluntary association.” MCL 761.1(p).

Alcoholic liquor

For purposes of the Michigan Vehicle Code, alcoholic liquor means “any liquid or compound, whether or not medicated, proprietary, patented, and by whatever name called, containing any amount of alcohol including any liquid or compound described in [MCL 436.1105].” MCL 257.1d.

For purposes of the Michigan Liquor Control Code, alcoholic liquor means “any spirituous, vinous, malt, or fermented liquor, powder, liquids, and compounds, whether or not medicated, proprietary, patented, and by whatever name called, containing 1/2 of 1% or more of alcohol by volume that are fit for use for food purposes or beverage purposes as defined and classified by the commission according to alcoholic content as belonging to 1 of the varieties defined in [Chapter 1 of the Michigan Liquor Control Code].” MCL 436.1105(3).

Appearance ticket

For purposes of MCL 764.9c to MCL 764.9g, appearance ticket means “a complaint or written notice issued and subscribed by a police officer or other public servant authorized by law or ordinance to issue it directing a designated person to appear in a designated local criminal court at a designated future time in connection with his or her alleged commission of a designated violation or violations of state law or local ordinance.” MCL 764.9f(1).

Assaultive crime

For purposes of MCL 762.10d, MCL 764.1a, MCL 764.3, and MCL 765.6e assaultive crime “includes any of the following:

(i) A violation described in [MCL 770.9a].

(ii) A violation of . . . MCL 750.81 to [MCL] 750.90g, not otherwise included in [MCL 762.10d(5)(a)(i), MCL 764.1a(9)(a)(i), MCL 764.3(5)(a)(i), or MCL 765.6e(2)(a)(i), respectively].

(iii) A violation of . . . MCL 750.110a, [MCL] 750.136b, [MCL] 750.234a, [MCL] 750.234b, [MCL] 750.234c, [MCL] 750.349b, [or MCL] 750.411h, or any other violent felony.

(iv) A violation of a law of another state or of a political subdivision of this state or of another state that substantially corresponds to a violation described in [MCL 762.10d(5)(a)(i)-(iii), MCL 764.1a(9)(a)(i)-(iii), MCL 764.3(5)(a)(i)-(iii), or MCL 765.6e(2)(a)(i)-(iii), respectively].” MCL 762.10d(5)(a); MCL 764.1a(9)(a); MCL 764.3(5)(a); MCL 765.6e(2)(a).

For purposes of MCL 764.9c and MCL 765.6b(6), assaultive crime means “that term as defined in [MCL 770.9a.]” MCL 764.9c(9)(a); MCL 765.6b(6)(a). MCL 770.9a, defines assaultive crime as “an offense against a person described in [MCL 750.81c(3), MCL 750.82, MCL 750.83, MCL 750.84, MCL 750.86, MCL 750.87, MCL 750.88, MCL 750.89, MCL 750.90a, MCL 750.90b(a), MCL 750.90b(b), MCL 750.91, MCL 750.200MCL 750.212a, MCL 750.316, MCL 750.317, MCL 750.321, MCL 750.349, MCL 750.349a, MCL 750.350, MCL 750.397, MCL 750.411h(2)(b), MCL 750.411h(3), MCL 750.411i, MCL 750.520b, MCL 750.520c, MCL 750.520d, MCL 750.520e, MCL 750.520g, MCL 750.529, MCL 750.529a, MCL 750.530, or MCL 750.543aMCL 750.543z].” MCL 770.9a(3).

Authorized local official

For purposes of Chapter 87 of the Revised Judicature Act, authorized local official means “a police officer or other personnel of a county, city, village, township, or regional parks and recreation commission created under . . . MCL 46.352, legally authorized to issue municipal civil infraction citations.” MCL 600.8701(a).

Automated driving system

For purposes of the Michigan Vehicle Code, automated driving system means “hardware and software that are collectively capable of performing all aspects of the dynamic driving task for a vehicle on a part-time or full-time basis without any supervision by a human operator.” MCL 257.2b(1).

Automated motor vehicle

For purposes of the Michigan Vehicle Code, automated motor vehicle means “a motor vehicle on which an automated driving system has been installed, either by a manufacturer of automated driving systems or an upfitter that enables the motor vehicle to be operated without any control or monitoring by a human operator. Automated motor vehicle does not include a motor vehicle enabled with 1 or more active safety systems or operator assistance systems, including, but not limited to, a system to provide electronic blind spot assistance, crash avoidance, emergency braking, parking assistance, adaptive cruise control, lane-keeping assistance, lane departure warning, or traffic jam and queuing assistance, unless 1 or more of these technologies alone or in combination with other systems enable the vehicle on which any active safety systems or operator assistance systems are installed to operate without any control or monitoring by an operator.” MCL 257.2b(2).

B

Before

For purposes of the Code of Criminal Procedure, taken, brought, or before “a magistrate or judge for purposes of criminal arraignment or the setting of bail means either” physical presence before a judge or district court magistrate or presence before a judge or district court magistrate by use of 2-way interactive video technology. MCL 761.1(t).

Bicycle

For purposes of the Michigan Vehicle Code, bicycle means “a device propelled by human power upon which a person may ride, having either 2 or 3 wheels in a tandem or tricycle arrangement, all of which are over 14 inches in diameter.” MCL 257.4.

Biometric data

For purposes of MCL 28.241 et seq. (governing criminal history records of the Michigan State Police), biometric data means “all of the following:

(i) Fingerprint images recorded in a manner prescribed by the [Michigan State Police].

(ii) Palm print images, if the arresting law enforcement agency has the electronic capability to record palm print images in a manner prescribed by the [Michigan State Police].

(iii) Digital images recorded during the arrest or booking process, including a full-face capture, left and right profile, and scars, marks, and tattoos, if the arresting law enforcement agency has the electronic capability to record the images in a manner prescribed by the [Michigan State Police].

(iv) All descriptive data associated with identifying marks, scars, amputations, and tattoos.” MCL 28.241a(b).

C

Chauffeur

For purposes of the Michigan Vehicle Code, chauffeur:

“(1) . . . means any of the following:

(a) A person who operates a motor vehicle as a motor carrier under the motor carrier act, . . . MCL 475.1 to [MCL] 479.42, or a motor carrier of passengers as defined in . . . MCL 474.103.[1]

(b) A person who is employed for the principal purpose of operating a motor vehicle with a GVWR of 10,000 pounds or more.

(c) A person who operates a bus or school bus.

(2) For purposes of subsection (1)(b), a person shall be considered to be employed for the principal purpose of operating a motor vehicle when the person’s employment customarily involves transporting for gain or hire any merchandise for display, sale, or delivery.

(3) ‘Chauffeur’ does not include any of the following:

(a) A farmer or an employee of a farmer operating a vehicle exclusively in connection with the farming operations of the farmer.

(b) A fire fighter or a member of a fire department operating an ambulance.

(c) Emergency medical services personnel operating an ambulance. As used in this subdivision, ‘emergency medical services personnel’ means that term as defined in . . . MCL 333.20904.

(d) State transportation department employees whose work consists of operating vehicles with a gross vehicle weight rating of 10,000 pounds or more for the purpose of transporting highway and bridge maintenance materials and supplies for all aspects of state trunkline maintenance, including winter maintenance and facilities maintenance.

(e) County road commission employees and other employees of local units of government who do not drive their own vehicles and whose work consists of hauling road building materials and supplies for the road commission or for other municipal purposes.

(f) A person operating a motor vehicle for a volunteer program who only receives reimbursement for the costs of operating the motor vehicle.

(g) A person who operates a motor home for personal pleasure.

(h) A parent or parent’s designee for the purpose of transporting pupils to or from school and school related events.

(i) A transportation network company driver.

(j) A limousine driver.

(k) A taxicab driver.” MCL 257.6.

Citation

For purposes of the Michigan Vehicle Code, citation means “a complaint or notice upon which a police officer shall record an occurrence involving 1 or more vehicle law violations by the person cited.” MCL 257.727c(1).

For purposes of Chapter 87 of the Revised Judicature Act, citation means “a written complaint or notice to appear in court upon which an authorized local official records the occurrence or existence of 1 or more municipal civil infractions by the person cited.” MCL 600.8701(b).

For purposes of Chapter 88 of the Revised Judicature Act, citation means “a written complaint or notice to appear in court upon which a law enforcement officer records the occurrence or existence of 1 or more state civil infractions by the person cited.” MCL 600.8801(3)(a).

Civil infraction

For purposes of the Michigan Vehicle Code, civil infraction means “an act or omission prohibited by law which is not a crime as defined in . . . MCL 750.5 . . . and for which civil sanctions may be ordered.” MCL 257.6a.

For purposes of the Revised Judicature Act, civil infraction means “an act or omission that is prohibited by a law and is not a crime under that law or that is prohibited by an ordinance,  . . . and is not a crime under that ordinance and for which civil sanctions may be ordered. Civil infraction includes, but is not limited to, the following:

(i) A violation of the Michigan vehicle code, . . . designated as a civil infraction.

(ii) A violation of a city, township, or village ordinance substantially corresponding to a provision of the Michigan vehicle code, . . . if the ordinance designates the violation as a civil infraction.

(iii) A violation of an ordinance adopted under . . . MCL 257.941 to [MCL] 257.943.

(iv) A violation of a city, township, or village ordinance adopting the uniform traffic code promulgated under . . . MCL 257.951 to [MCL] 257.954, if the uniform traffic code designates the violation as a civil infraction.

(v) A violation of an ordinance adopted by the governing board of a state university or college under . . . MCL 390.891 to [MCL] 390.893, if the ordinance designates the violation as a civil infraction.

(vi) A violation of regulations adopted by a county board of commissioners under . . . MCL 46.201.

(vii) A municipal civil infraction.

(viii) A state civil infraction.

(ix) A violation of the pupil transportation act, . . . MCL 257.1801 to [MCL] 257.1877, designated as a civil infraction.” MCL 600.113(1)(a).

Civil infraction action

For purposes of the Michigan Vehicle Code and the Revised Judicature Act, civil infraction action is defined as “a civil action in which the defendant is alleged to be responsible for a civil infraction.” MCL 257.741(1); MCL 600.113(1)(b).

Civil infraction determination

For purposes of the Michigan Vehicle Code, civil infraction determination means “a determination that a person is responsible for a civil infraction by 1 of the following:

(a) An admission of responsibility for the civil infraction.

(b) An admission of responsibility for the civil infraction, ‘with explanation’.

(c) A preponderance of the evidence at an informal hearing or formal hearing on the question under [MCL 257.746 or MCL 257.747].

(d) A default judgment, for failing to appear as directed by a citation or other notice, at a scheduled appearance under [MCL 257.745(3)(b) or MCL 257.745(4)], at a scheduled informal hearing under [MCL 257.746], or at a scheduled formal hearing under [MCL 257.747].” MCL 257.6b.

For purposes of Chapter 88 of the Revised Judicature Act, civil infraction determination means “a determination that a defendant is responsible for a state civil infraction by 1 of the following:

(i) An admission of responsibility for the state civil infraction.

(ii) An admission of responsibility for the state civil infraction, ‘with explanation’.

(iii) A preponderance of the evidence at an informal hearing or formal hearing on the question under [MCL 600.8819 or MCL 600.8821], respectively.

(iv) A default judgment, for failing to appear as directed by a citation or other notice, at a scheduled appearance under [MCL 600.8815(3)(b) or MCL 600.8815(4)], at an informal hearing under [MCL 600.8819], or at a formal hearing under [MCL 600.8821].” MCL 600.8801(3)(b).

Commercial motor vehicle

For purposes of the Michigan Vehicle Code, commercial motor vehicle means:

“(1) . . . [A] motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if 1 or more of the following apply:

(a) It is designed to transport 16 or more passengers, including the driver.

(b) It has a gross vehicle weight rating or gross vehicle weight, whichever is greater, of 26,001 pounds or more.

(c) It has a gross combination weight rating or gross combination weight, whichever is greater, of 26,001 pounds or more, inclusive of towed units with a gross vehicle weight rating or gross vehicle weight, whichever is greater, of more than 10,000 pounds.

(d) A motor vehicle carrying hazardous material and on which is required to be posted a placard as defined and required under [49 CFR 10049 CFR 199].

(2) A commercial motor vehicle does not include a vehicle used exclusively to transport personal possessions or family members for nonbusiness purposes.” MCL 257.7a.

Commercial quadricycle

For purposes of the Michigan Vehicle Code, commercial quadricycle means “a vehicle that satisfies all of the following:

(a) The vehicle has fully operative pedals for propulsion entirely by human power.

(b) The vehicle has at least 4 wheels and is operated in a manner similar to a bicycle.

(c) The vehicle has at least 6 seats for passengers.

(d) The vehicle is designed to be occupied by a driver and powered either by passengers providing pedal power to the drive train of the vehicle or by a motor capable of propelling the vehicle in the absence of human power.

(e) The vehicle is used for commercial purposes.

(f) The vehicle is operated by the owner of the vehicle or an employee of the owner of the vehicle.” MCL 257.7b.

Commission

For purposes of Chapter 9 of the Michigan Court Rules, commission “means the Judicial Tenure Commission.” MCR 9.201(A).

Complaint

For purposes of the Code of Criminal Procedure, complaint means “a written accusation, under oath or upon affirmation, that a felony, misdemeanor, or ordinance violation has been committed and that the person named or described in the accusation is guilty of the offense.” MCL 761.1(c).

For purposes of Chapter 9 of the Michigan Court Rules, complaint “is a written document issued at the direction of the commission, alleging specific charges of misconduct in office, mental or physical disability, or some other ground that warrants action under Const 1963, art 6, § 30.” MCR 9.201(I).

Controlled substance

For purposes of the Michigan Vehicle Code, controlled substance means “a controlled substance or controlled substance analogue as defined in [MCL 333.7104.]” MCL 257.8b. MCL 333.7104(3) defines controlled substance as “a drug, substance, or immediate precursor included in schedules 1 to 5 of [MCL 333.7201 et seq.]” MCL 333.7104(4) defines controlled substance analogue as “a substance the chemical structure of which is substantially similar to that of a controlled substance in schedule 1 or 2 and that has a narcotic, stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to or greater than the narcotic, stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in schedule 1 or 2 or, with respect to a particular individual, that the individual represents or intends to have a narcotic, stimulant, depressant, or hallucinogenic effect on the central nervous system substantially similar to or greater than the narcotic, stimulant, depressant, or hallucinogenic effect on the central nervous system of a controlled substance included in schedule 1 or 2. Controlled substance analogue does not include 1 or more of the following:

(a) A controlled substance.

(b) A substance for which there is an approved new drug application.

(c) A substance with respect to which an exemption is in effect for investigational use by a particular person under 21 USC 355, to the extent conduct with respect to the substance is pursuant to the exemption.

(d) Any substance to the extent not intended for human consumption before an exemption takes effect with respect to the substance.”

For purposes of MCL 257.625c, controlled substance means “that term as defined in . . . MCL 333.7104.” MCL 257.625c(4)(a). MCL 333.7104(3) defines controlled substance as “a drug, substance, or immediate precursor included in schedules 1 to 5 of [MCL 333.7201 et seq.]”

Conviction

For purposes of the Michigan Vehicle Code, conviction means “any of the following:

(a) A final conviction, the payment of a fine, a plea or guilty or nolo contendere if accepted by the court, or a finding of guilt for a criminal law violation or a juvenile adjudication, probate court disposition, or juvenile disposition for a violation that if committed by an adult would be a crime, regardless of whether the penalty is rebated or suspended.

(b) A conviction defined in federal law under 49 CFR 383.5, regarding the operation of a commercial motor vehicle or the operation of a noncommercial motor vehicle operated by a person licensed to operate a commercial motor vehicle.” MCL 257.8a.

Co-occurring disorder

For purposes of Chapter 10C of the Revised Judicature Act of 1961, co-occurring disorder “means having 1 or more disorders relating to the use of alcohol or other controlled substances of abuse as well as any serious mental illness, serious emotional disturbance, or developmental disability. A diagnosis of co-occurring disorders occurs when at least 1 disorder of each type can be established independent of the other and is not simply a cluster of symptoms resulting from 1 disorder.” MCL 600.1099b(a).

Counterclaim

For purposes of the Revised Judicature Act, counterclaim “includes setoff and recoupment.” MCL 600.111.

Crime

For purposes of the Crime Victim’s Rights Act, Article 1, crime means “a violation of a penal law of this state for which the offender, upon conviction, may be punished by imprisonment for more than 1 year or an offense expressly designated by law as a felony.” MCL 780.752(1)(b).

D

Dangerous animal

For purposes of the Dangerous Animals Act, dangerous animal means “a dog or other animal that bites or attacks a person, or a dog that bites or attacks and causes serious injury or death to another dog while the other dog is on the property or under the control of its owner. However, a dangerous animal does not include any of the following:

(i) An animal that bites or attacks a person who is knowingly trespassing on the property of the animal’s owner.

(ii) An animal that bites or attacks a person who provokes or torments the animal.

(iii) An animal that is responding in a manner that an ordinary and reasonable person would conclude was designed to protect a person if that person is engaged in a lawful activity or is the subject of an assault.

(iv) Livestock.” MCL 287.321(a).

Dangerous weapon

For purposes of MCL 764.1f(2)(b), dangerous weapon means “1 or more of the following:

(i) A loaded or unloaded firearm, whether operable or inoperable.

(ii) A knife, stabbing instrument, brass knuckles, blackjack, club, or other object specifically designed or customarily carried or possessed for use as a weapon.

(iii) An object that is likely to cause death or bodily injury when used as a weapon and that is used as a weapon or carried or possessed for use as a weapon.

(iv) An object or device that is used or fashioned in a manner to lead a person to believe the object or device is an object or device described in subparagraphs (i) to (iii).” MCL 764.1f(2)(b).

Data

For purposes of MCR 1.109(A)(1), in which the term court records is defined, data “refers to any information entered in the case management system that is not ordinarily reduced to a document but that is still recorded information, and any data entered into or created by the statewide electronic-filing system.” MCR 1.109(A)(1)(b)(iii).

Dating relationship

For purposes of MCL 764.1a, dating relationship “means frequent, intimate associations primarily characterized by the expectation of affectional involvement. Dating relationship does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.” MCL 764.1a(9)(b).

For purposes of MCL 764.15a(b), dating relationship means “frequent, intimate associations primarily characterized by the expectation of affectional involvement. This term does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.” MCL 764.15a(b).

For purposes of MCL 780.582a(1)(b), dating relationship means “that term as defined in . . . MCL 600.2950.” MCL 600.2950(30)(a) defines dating relationship as “frequent, intimate associations primarily characterized by the expectation of affectional involvement. Dating relationship does not include a casual relationship or an ordinary fraternization between 2 individuals in a business or social context.”

Defendant

For purposes of the Crime Victim’s Rights Act, Article 1, defendant means “a person charged with, convicted of, or found not guilty by reason of insanity of committing a crime against a victim.” MCL 780.752(1)(d).

For purposes of the Crime Victim’s Rights Act, Article 3, defendant means “a person charged with or convicted of having committed a serious misdemeanor against a victim.” MCL 780.811(1)(c).

Developmental disability

For purposes of Chapter 10C of the Revised Judicature Act of 1961, developmental disability “means that term as defined in . . . [MCL 330.1100a].” MCL 600.1099b(c).

District court magistrate

For purposes of the Code of Criminal Procedure, magistrate does not include a district court magistrate unless specifically preceded by the words district court. See MCL 761.1(l).

District of the first class

For purposes of the Revised Judicature Act, district of the first class means “a district consisting of 1 or more counties and in which each county comprising the district is responsible for maintaining, financing and operating the district court within its respective county except as otherwise provided in [the Revised Judicature Act].” MCL 600.8103(1).

District of the second class

For purposes of the Revised Judicature Act, district of the second class means “a district consisting of a group of political subdivisions within a county and in which the county where such political subdivisions are situated is responsible for maintaining, financing and operating the district court except as otherwise provided in [the Revised Judicature Act].” MCL 600.8103(2).

District of the third class

For purposes of the Revised Judicature Act, district of the third class means “a district consisting of 1 or more political subdivisions within a county and in which each political subdivision comprising the district is responsible for maintaining, financing and operating the district court within its respective political subdivision except as otherwise provided in [the Revised Judicature Act].” MCL 600.8103(3).

Document

For purposes of the Michigan Court Rules, document means “a record produced on paper or a digital image of a record originally produced on paper or originally created by an approved electronic means, the output of which is readable by sight and can be printed to 8 1/2 x 11 inch paper without manipulation.” MCR 1.109(B).

For purposes of MCR 1.109(A)(1), in which the term court records is defined, documents “include, but are not limited to, pleadings, orders, and judgments.” MCR 1.109(A)(1)(b)(i).

Domestic violence

For purposes of MCL 762.10d. MCL 764.1a, MCL 764.3, MCL 764.9c, and MCL 765.6b(6), domestic violence means “that term as defined in . . . MCL 400.1501.” MCL 762.10d(5)(b); MCL 764.1a(9)(c); MCL 764.3(5)(b); MCL 764.9c(3)(a); MCL 765.6b(6)(b). MCL 400.1501(d) defines domestic violence as “the occurrence of any of the following acts by an individual that is not an act of self-defense: (i) [c]ausing or attempting to cause physical or mental harm to a family or household member[;] (ii) [p]lacing a family or household member in fear of physical or mental harm[;] (iii) [c]ausing or attempting to cause a family or household member to engage in involuntary sexual activity by force, threat of force, or duress[;] [and/or] (iv) [e]ngaging in activity toward a family or household member that would cause a reasonable individual to feel terrorized, frightened, intimidated, threatened, harassed, or molested.”

E

Electric bicycle

For purposes of the Michigan Vehicle Code, electric bicycle “means a device upon which an individual may ride that satisfies all of the following:

(a) The device is equipped with all of the following:

(i) A seat or saddle for use by the rider.

(ii) Fully operable pedals for human propulsion.

(iii) An electric motor of not greater than 750 watts.

(b) The device falls within 1 of the following categories:

(i) Class 1 electric bicycle. As used in this subparagraph, ‘class 1 electric bicycle’ means an electric bicycle that is equipped with an electric motor that provides assistance only when the rider is pedaling and that disengages or ceases to function when the electric bicycle reaches a speed of 20 miles per hour.

(ii) Class 2 electric bicycle. As used in this subparagraph, ‘class 2 electric bicycle’ means an electric bicycle that is equipped with a motor that propels the electric bicycle to a speed of no more than 20 miles per hour, whether the rider is pedaling or not, and that disengages or ceases to function when the brakes are applied.

(iii) Class 3 electric bicycle. As used in this subparagraph, ‘class 3 electric bicycle’ means an electric bicycle that is equipped with a motor that provides assistance only when the rider is pedaling and that disengages or ceases to function when the electric bicycle reaches a speed of 28 miles per hour.” MCL 257.13e.

Electric skateboard

For purposes of the Michigan Vehicle Code, electric skateboard “means a wheeled device that has a floorboard designed to be stood upon when riding that is no more than 60 inches long and 18 inches wide, is designed to transport only 1 person at a time, has an electrical propulsion system with power of no more than 2,500 watts, and has a maximum speed on a paved level surface of not more than 25 miles per hour. An electric skateboard may have handlebars and, in addition to having an electrical propulsion system with power of no more than 2,500 watts, may be designed to also be powered by human propulsion.” MCL 257.13f.

Electronic filing system fee

For purposes of Chapter 19A of the Revised Judicature Act, electronic filing system fee means “the fee described in [MCL 600.1986].” MCL 600.1985(g).

Electronic monitoring device

For purposes of MCL 765.6b(6), electronic monitoring device “includes any electronic device or instrument that is used to track the location of an individual or to monitor an individual’s blood alcohol content, but does not include any technology that is implanted or violates the corporeal body of the individual.” MCL 765.6b(6)(c).

Electronic signature

For purposes of the Michigan Court Rules, electronic signature “means an electronic sound, symbol, or process, attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record. The following form is acceptable: /s/ John L. Smith.MCR 1.109(E)(4)(a).

Emergency scene

For purposes of MCL 257.601b, emergency scene means “a traffic accident, a serious incident caused by weather conditions, or another occurrence along a highway or street for which a police officer, firefighter, or emergency medical personnel are summoned to aid an injured victim.” MCL 257.601b(5)(a).

F

Felony

For purposes of the Code of Criminal Procedure, felony means “a violation of a penal law of this state for which the offender, upon conviction, may be punished by imprisonment for more than 1 year or an offense expressly designated by law to be a felony.” MCL 761.1(f).

For purposes of the DNA Identification Profiling System Act, felony means “a violation of a penal law of this state for which the offender may be punished by imprisonment for more than 1 year or an offense expressly designated by law to be a felony.” MCL 28.172(e).

G

Guaranteed appearance certificate

For purposes of the Michigan Vehicle Code, guaranteed appearance certificate “means a card or certificate containing a printed statement that a surety company authorized to do business in this state guarantees the appearance of the person whose signature appears on the card or certificate, and that the company, if the person fails to appear in court at the time of trial or sentencing or to pay any fines or costs imposed under this act, will pay any fine, costs, or bond forfeiture imposed on the person in a total amount not to exceed $200.00.” MCL 257.728(5)(d).

H

Highway

For purposes of the Michigan Vehicle Code, highway means “the entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.” MCL 257.20.

Hold

For purposes of MCL 257.602b, hold means “to physically support with any part of the hands, arms, or shoulders.” MCL 257.602b(12)(a).

I

Indigent criminal defense services

For purposes of the Michigan Indigent Defense Commission Act, indigent criminal defense services means “local legal defense services provided to a defendant and to which both of the following conditions apply: (i) [t]he defendant is being prosecuted or sentenced for a crime for which an individual may be imprisoned upon conviction, beginning with the defendant’s initial appearance in court to answer to the criminal charge[, and] (ii) [t]he defendant is determined to be indigent under [MCL 780.991(3)].” MCL 780.983(f).

Indigent criminal defense system

For purposes of the Michigan Indigent Defense Commission Act, indigent criminal defense system means either “[t]he local unit of government that funds a trial court[,]” or “[i]f a trial court is funded by more than 1 local unit of government, those local units of government, collectively.” MCL 780.983(h).

Intoxicating substance

For purposes of the MCL 257.625, intoxicating substance means “any substance, preparation, or a combination of substances and preparations other than alcohol or a controlled substance, that is either of the following:

(i) Recognized as a drug in any of the following publications or their supplements:

(A) The official United States pharmacopoeia.

(B) The official homeopathic pharmacopoeia of the United States.

(C) The official national formulary.

(ii) A substance, other than food, taken into a person’s body, including, but not limited to, vapors or fumes, that is used in a manner or for a purpose for which it was not intended, and that may result in a condition of intoxication.” MCL 257.625(25)(a).

J

Jail

For purposes of the Code of Criminal Procedure, jail “or a similar word includes a juvenile facility in which a juvenile has been placed pending trial under [MCL 764.27a].” MCL 761.1(h).

Judge

For purposes of Chapter 9 of the Michigan Court Rules, judge “means:

(1) a person who is serving as a judge or justice of any court of the judicial branch of state or local government by virtue of election, appointment, or assignment;

(2) a magistrate or a referee of any such court; or

(3) a person who formerly held such office if a request for investigation was filed during the person’s term of office. If the person is no longer a judge and the alleged misconduct relates to the person’s actions as a judge, it is not necessary that the request for investigation be filed during the former judge’s-term of office; nothing in this paragraph deprives the Attorney Grievance Commission of its authority to proceed against a former judge.” MCR 9.201(B).

Judicial district

For purposes of the Code of Criminal Procedure, judicial district means “(i) [w]ith regard to the circuit court, the county[;] (ii) [w]ith regard to municipal courts, the city in which the municipal court functions or the village served by a municipal court under . . . MCL 600.9928[;] (iii) [w]ith regard to the district court, the county, district, or political subdivision in which venue is proper for criminal actions.” MCL 761.1(i)

Juvenile

For purposes of the Code of Criminal Procedure, juvenile means “a person within the jurisdiction of the circuit court under . . . MCL 600.606.” MCL 761.1(j).

For purposes of the Crime Victim’s Rights Act, Article 2, juvenile means “an individual alleged or found to be within the court’s jurisdiction under . . . [MCL 712A.2(a)(1)], for an offense, including, but not limited to, an individual in a designated case.” MCL 780.781(1)(e).

Juvenile facility

For purposes of the Code of Criminal Procedure, juvenile facility means “a county facility, an institution operated as an agency of the county or family division of circuit court, or an institution or agency described in the youth rehabilitation services act, 1974 PA 150, MCL 803.301 to [MCL] 803.309, to which a juvenile has been committed under [MCL 768.27a].” MCL 761.1(k).

Juvenile mental health court

For purposes of Chapter 10C of the Revised Judicature Act of 1961, juvenile mental health court “means all of the following:

(i) A court-supervised treatment program for juveniles who are diagnosed by a mental health professional with having a serious emotional disturbance, co-occurring disorder, or developmental disability.

(ii) Programs designed to adhere to the 7 common characteristics of a juvenile mental health court as described under [MCL 600.1099c(3)].

(iii) Programs designed to adhere to the 10 essential elements of a mental health court promulgated by the Bureau of Justice Assistance, or amended, that include all of the following characteristics:

(A) A broad-based group of stakeholders representing the criminal justice system, the juvenile justice system, the mental health system, the substance abuse treatment system, any related systems, and the community guide the planning and administration of the court.

(B) Eligibility criteria that address public safety and a community’s treatment capacity, in addition to the availability of alternatives to pretrial detention for juveniles with mental illnesses, and that take into account the relationship between mental illness and a juvenile’s offenses, while allowing the individual circumstances of each case to be considered.

(C) Participants are identified, referred, and accepted into mental health courts, and then linked to community-based service providers as quickly as possible.

(D) Terms of participation are clear, promote public safety, facilitate the juvenile’s engagement in treatment, are individualized to correspond to the level of risk that each juvenile presents to the community, and provide for positive legal outcomes for those individuals who successfully complete the program.

(E) In accordance with the Michigan indigent defense commission act, [MCL 780.981MCL 780.1003], provide legal counsel to juvenile respondents to explain program requirements, including voluntary participation, and guide juveniles in decisions about program involvement. Procedures exist in the juvenile mental health court to address, in a timely fashion, concerns about a juvenile’s competency whenever they arise.

(F) Connect participants to comprehensive and individualized treatment supports and services in the community and strive to use, and increase the availability of, treatment and services that are evidence based.

(G) Health and legal information are shared in a manner that protects potential participants’ confidentiality rights as mental health consumers and their constitutional rights. Information gathered as part of the participants’ court-ordered treatment program or services is safeguarded from public disclosure in the event that participants are returned to traditional court processing.

(H) A team of criminal justice, if applicable, juvenile justice, and mental health staff and treatment providers receives special, ongoing training and assists mental health court participants to achieve treatment and criminal and juvenile justice goals by regularly reviewing and revising the court process.

(I) Criminal and juvenile justice and mental health staff collaboratively monitor participants’ adherence to court conditions, offer individualized graduated incentives and sanctions, and modify treatment as necessary to promote public safety and participants’ recovery.

(J) Data are collected and analyzed to demonstrate the impact of the juvenile mental heath court, its performance is assessed periodically, procedures are modified accordingly, court processes are institutionalized, and support for the court in the community is cultivated and expanded.” MCL 600.1099b(e).

L

Law enforcement officer

For purposes of Chapter 88 of the Revised Judicature Act, law enforcement officer means “any of the following:

(i) A sheriff or deputy sheriff.

(ii) An officer of the police department of a city, village, or township, or the marshal of a city, village, or township.

(iii) An officer of the Michigan state police.

(iv) A conservation officer.

(v) A security employee employed by the state pursuant to . . . MCL 28.6c.

(vi) A motor carrier officer appointed pursuant to . . . MCL 28.6d.

(vii) A public safety officer employed by a university as authorized by either of the following:

(A) 1965 PA 278, MCL 390.711 to [MCL] 390.717.

(B) 1990 PA 120, MCL 390.1511 to [MCL] 390.1514.

(viii) If authorized by the governing body of a political subdivision, a constable of the political subdivision.

(ix) A park and recreation officer commissioned pursuant to . . . MCL 324.1606.

(x) A state forest officer commissioned pursuant to . . .  MCL 324.83107.

(xi) An officer, employee, or agent of the department of agriculture enforcing, pursuant to authority granted by the director of agriculture, a statute administered, a rule promulgated, or an order issued by the department of agriculture or the director of agriculture.” MCL 600.8801(3)(c).

LEIN

For purposes of MCL 765.6b, LEIN means “the law enforcement information network regulated under the C.J.I.S. policy council act, 1974 PA 163, MCL 28.211 to [MCL] 28.215, or by the department of state police.” MCL 765.6b(11).

License

For purposes of the Michigan Vehicle Code, license means “any driving privileges, license, temporary instruction permit, commercial learner’s permit, or temporary license issued under the laws of this state pertaining to the licensing of persons to operate motor vehicles.” MCL 257.25.

Limousine

For purposes of the Michigan Vehicle Code, limousine “means that term as defined in [MCL 257.2102].” MCL 257.25c. MCL 257.2102(d) provides that limousine “means a self-propelled motor vehicle used in the carrying of passengers and the baggage of the passengers for hire with a seating capacity of 8 passengers or fewer, including the driver. Limousine does not include a commercial vehicle. Limousine also does not include a vehicle operated by any of the following:

(i) A county, city, township, or village as provided by law, or other authority incorporated under 1963 PA 55, MCL 124.351 to [MCL] 124.359.

(ii) An authority incorporated under the metropolitan transportation authorities act of 1967, 1967 PA 204, MCL 124.401 to [MCL] 124.426, or that operates a transportation service pursuant to an interlocal agreement under the urban cooperation act of 1967, 1967 (Ex Sess) PA 7, MCL 124.501 to [MCL] 124.512.

(iii) Operating under a contract entered into under 1967 (Ex Sess) PA 8, MCL 124.531 to [MCL] 124.536, or 1951 PA 35, MCL 124.1 to [MCL] 124.13.

(iv) An authority incorporated under the public transportation authority act, 1986 PA 196, MCL 124.451 to [MCL] 124.479, or a nonprofit corporation organized under the nonprofit corporation act, 1982 PA 162, MCL 450.2101 to [MCL] 450.3192, that provides transportation services.

(v) An authority financing public improvements to transportation systems under the revenue bond act of 1933, 1933 PA 94, MCL 141.101 to [MCL] 141.140.

(vi) A person that is only operating limousines to provide the transportation of passengers for funerals.

(vii) An employer that is only using the vehicle, or on whose behalf the vehicle is being used, to transport its employees to and from their place of employment.”

Limousine driver

For purposes of the Michigan Vehicle Code, limousine driver “means that term as defined in [MCL 257.2102].” MCL 257.25d. MCL 257.2102(f) provides that limousine driver “means an individual who uses a limousine to provide transportation services to potential passengers.”

Livestock

For purposes of the Dangerous Animals Act, livestock means “animals used for human food and fiber or animals used for service to human beings. Livestock includes, but is not limited to, cattle, swine, sheep, llamas, goats, bison, equine, poultry, and rabbits. Livestock does not include animals that are human companions, such as dogs and cats.” MCL 287.321(b).

M

Magistrate

For purposes of the Code of Criminal Procedure, magistrate means “a judge of the district court or a judge of a municipal court. Magistrate does not include a district court magistrate, except that a district court magistrate may exercise the powers, jurisdiction, and duties of a magistrate if specifically provided in this act, the revised judicature act . . . MCL 600.101 to [MCL] 600.9947, or any other statute. This definition does not limit the power of a justice of the supreme court, a circuit judge, or a judge of a court of record having jurisdiction of criminal cases under this act, or deprive him or her of the power to exercise the authority of a magistrate.” MCL 761.1(l).

For purposes of the Public Health Code, magistrate means “a judge authorized to issue warrants by the laws of this state.” MCL 333.1105(4).

Master

For purposes of Chapter 9 of the Michigan Court Rules, master “means one or more judges or former judges appointed by the Supreme Court at the commission’s request to hold hearings on a complaint against a respondent.” MCR 9.201(E).

Mental health professional

For purposes of Chapter 10C of the Revised Judicature Act of 1961, mental health professional “means an individual who is trained and experienced in the area of mental illness or developmental disabilities and who is 1 of the following:

(i) A physician.

(ii) A psychologist.

(iii) A registered professional nurse licensed or otherwise authorized to engage in the practice of nursing under part 172 of the public health code, . . . MCL 333.17201 to [MCL] 333.17242].

(iv) A licensed master’s social worker licensed or otherwise authorized to engage in the practice of social work at the master’s level under part 185 of the public health code, . . . MCL 333.18501 to [MCL] 333.18518.

(v) A licensed professional counselor licensed or otherwise authorized to engage in the practice of counseling under part 181 of the public health code, . . . MCL 333.18101 to [MCL] 333.18117.

(vi) A marriage and family therapist licensed or otherwise authorized to engage in the practice of marriage and family therapy under part 169 of the public health code, . . . MCL 333.16901 to [MCL] 333.16915.” MCL 600.1099b(f).

Minor offense

For purposes of the Code of Criminal Procedure, minor offense means “a misdemeanor or ordinance violation for which the maximum permissible imprisonment does not exceed 92 days and the maximum permissible fine does not exceed $1,000.00.” MCL 761.1(m).

Misdemeanor

For purposes of the Code of Criminal Procedure, misdemeanor means “a violation of a penal law of this state that is not a felony or a violation of an order, rule, or regulation of a state agency that is punishable by imprisonment or a fine that is not a civil fine.” MCL 761.1(n).

Mobile electronic device

For purposes of MCL 257.602b, mobile electronic device means “an electronic device that is not permanently installed in a motor vehicle, including, but not limited to, a device capable of text messaging, voice communication, entertainment, navigation, accessing the internet, or producing email. Mobile electronic device does not include either of the following:

(i) A radio designed for the Citizens Band Service or the Amateur Radio Service of the Federal Communications Commission or a commercial 2-way radio communications device or equipment permanently installed in a motor vehicle.

(ii) A medical device that is designed to be worn, including, but not limited to, an insulin pump.” MCL 257.602b(12)(b).

Motor vehicle

For purposes of the Michigan Vehicle Code, motor vehicle means “every vehicle that is self-propelled, but for purposes of chapter 4, motor vehicle does not include industrial equipment such as a forklift, a front-end loader, or other construction equipment that is not subject to registration under this act. Motor vehicle does not include a power-driven mobility device when that power-driven mobility device is being used by an individual with a mobility disability. Motor vehicle does not include an electric patrol vehicle being operated in compliance with the electric patrol vehicle act . . . MCL 257.1571 to [MCL] 257.1577. Motor vehicle does not include an electric personal assistive mobility device. Motor vehicle does not include an electric carriage. Motor vehicle does not include a commercial quadricycle. Motor vehicle does not include an electric bicycle. Motor vehicle does not include an electric skateboard.” MCL 257.33.

Moving violation

For purposes of MCL 257.601b and MCL 257.601c, moving violation means “an act or omission prohibited under [the Michigan Vehicle Code] or a local ordinance substantially corresponding to [the Michigan Vehicle Code] that occurs while a person is operating a motor vehicle, and for which the person is subject to a fine.” MCL 257.601b(5)(b); MCL 257.601c(3).

For purposes of MCL 257.601d and MCL 257.907, moving violation means “an act or omission prohibited under [the Michigan Vehicle Code] or a local ordinance substantially corresponding to [the Michigan Vehicle Code] that involves the operation of a motor vehicle, and for which a fine may be assessed.” MCL 257.601d(4). See also MCL 257.907(16) (containing substantially similar language).

Multiple district area

For purposes of MCL 600.8320, multiple district area means “an area composed of either of the following:

(i) Two or more districts of the district court within a county participating or proposing to participate in a multiple district plan.

(ii) Two adjoining districts of the first class.” MCL 600.8320(1)(a).

Multiple district plan

For purposes of MCL 600.8320, multiple district plan means “an arrangement in which a district judge or district court magistrate is authorized to conduct arraignments, set bail or recognizances, provide for the appointment of counsel, or make determinations of probable cause and issue warrants, for all of the participating districts within a multiple district area.” MCL 600.8320(1)(b).

Municipal civil infraction

For purposes of the Revised Judicature Act, municipal civil infraction means “a civil infraction involving a violation of an ordinance, . . . . Municipal civil infraction includes, but is not limited to, a trailway municipal civil infraction. Municipal civil infraction does not include a violation described in [MCL 600.113(1)(a)(i)-(vi) or MCL 600.113(1)(a)(ix)] or any act or omission that constitutes a crime under any of the following:

(i) Article 7 of the public health code . . . .

(ii) The Michigan penal code . . . .

(iii) The Michigan vehicle code . . . .

(iv) The Michigan liquor control code . . . .

(v) Part 801 of the natural resources and environmental protection act . . . .

(vi) The aeronautics code . . . .

(vii) Part 821 of the natural resources and environmental protection act . . . .

(viii) Part 811 of the natural resources and environmental protection act . . . .

(ix) The railroad code . . . .

(x) Any law of this state under which the act or omission is punishable by imprisonment for more than 90 days.” MCL 600.113(1)(c).

Municipal civil infraction action

For purposes of the Revised Judicature Act, municipal civil infraction action means “a civil action in which the defendant is alleged to be responsible for a municipal civil infraction. Municipal civil infraction action includes, but is not limited to, a trailway municipal civil infraction action.” MCL 600.113(1)(d).

Municipal civil infraction determination

For purposes of Chapter 87 of the Revised Judicature Act, municipal civil infraction determination means “a determination that a defendant is responsible for a municipal civil infraction by 1 of the following:

(i) An admission of responsibility for the municipal civil infraction.

(ii) An admission of responsibility for the municipal civil infraction, ‘with explanation’.

(iii) A preponderance of the evidence at an informal hearing or formal hearing on the question under [MCL 600.8719 or MCL 600.8721], respectively.

(iv) A default judgment for failing to appear as directed by a citation or other notice at a scheduled appearance under [MCL 600.8715(3)(b) or MCL 600.8715(4)], at an informal hearing under [MCL 600.8719], or at a formal hearing under [MCL 600.8721].” MCL 600.8701(c).

Municipal ordinance violation notice

For purposes of MCL 600.8707(6), municipal ordinance violation notice means “a notice, other than a citation, directing a person to appear at a municipal ordinance violations bureau in the city, village, township, or county in which the notice is issued and to pay the fine and costs, if any, prescribed by ordinance for the violation of the ordinance.” MCL 600.8707(6).

O

Offense

For purposes of the Crime Victim’s Rights Act, Article 2, offense “means 1 or more of the following:

(i) A violation of a penal law of this state for which a juvenile offender, if convicted as an adult, may be punished by imprisonment for more than 1 year or an offense expressly designated by law as a felony.

(ii) A violation of [MCL 750.81] (assault and battery, including domestic violence), [MCL 750.81a] (assault; infliction of serious injury, including aggravated domestic violence), [MCL 750.115] (breaking and entering or illegal entry), [MCL 750.136b(7)] (child abuse in the fourth degree), [MCL 750.145] (contributing to the neglect or delinquency of a minor), [MCL 750.145d] (using the internet or a computer to make a prohibited communication), [MCL 750.233] (intentionally aiming a firearm without malice), [MCL 750.234] (discharge of a firearm intentionally aimed at a person), [MCL 750.235] (discharge of an intentionally aimed firearm resulting in injury), [MCL 750.335a] (indecent exposure), or [MCL 750.411h] (stalking)[.]

(iii) A violation of [MCL 257.601b(2)] (injuring a worker in a work zone) or [MCL 257.617a] (leaving the scene of a personal injury accident)[,] . . . or a violation of [MCL 257.625] (operating a vehicle while under the influence of or impaired by intoxicating liquor or a controlled substance, or with unlawful blood alcohol content)[,] . . . if the violation involves an accident resulting in damage to another individual’s property or physical injury or death to another individual.

(iv) Selling or furnishing alcoholic liquor to an individual less than 21 years of age in violation of section 33 of the former 1933 (Ex Sess) PA 8, or . . . MCL 436.1701, if the violation results in physical injury or death to any individual.

(v) A violation of section [MCL 324.80176(1)] or [MCL 324.80176(3)] (operating a vessel while under the influence of or impaired by intoxicating liquor or a controlled substance, or with unlawful blood alcohol content)[,] . . . if the violation involves an accident resulting in damage to another individual’s property or physical injury or death to any individual.

(vi) A violation of a local ordinance substantially corresponding to a law enumerated in subparagraphs (i) to (v).

(vii) A violation described in subparagraphs (i) to (vi) that is subsequently reduced to a violation not included in subparagraphs (i) to (vi).” MCL 780.781(1)(g).

Operate/Operating

For purposes of the Michigan Vehicle Code, operate or operating means “1 or more of the following:

(a) Being in actual physical control of a vehicle. This subdivision applies regardless of whether or not the person is licensed under [the MVC] as an operator or chauffeur.

(b) Causing an automated motor vehicle to move under its own power in automatic mode upon a highway or street regardless of whether the person is physically present in that automated motor vehicle at that time. This subdivision applies regardless of whether the person is licensed under this act as an operator or chauffeur. As used in this subdivision, ‘causing an automated motor vehicle to move under its own power in automatic mode’ includes engaging the automated technology of that automated motor vehicle for that purpose.” MCL 257.35a.

For purposes of MCL 257.602b, operate means “to drive or assume physical control of a motor vehicle on a public way, street, road, or highway, including operation while temporarily stationary because of traffic, road conditions, a traffic light, or a stop sign. Operate does not include a motor vehicle that is lawfully parked.” MCL 257.602b(12)(c).

Operator

For purposes of the Michigan Vehicle Code, operator means “a person, other than a chauffeur, who does either of the following:

(a) Operates a motor vehicle upon an highway or street.

(b) Operates an automated motor vehicle upon a highway or street.” MCL 257.36.

Operating while intoxicated

For purposes of the Michigan Vehicle Code, operating while intoxicated means “any of the following:

(a) The person is under the influence of alcoholic liquor, a controlled substance, or other intoxicating substance or a combination of alcoholic liquor, a controlled substance, or other intoxicating substance.

(b) The person has an alcohol content of 0.08 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine or, beginning 5 years after the state treasurer publishes a certification under [MCL 257.625(28)], the person has an alcohol content of 0.10 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.

(c) The person has an alcohol content of 0.17 grams or more per 100 milliliters of blood, per 210 liters of breath, or per 67 milliliters of urine.” MCL 257.625(1).

Operating while intoxicated offense

For purposes of MCL 764.9c, operating while intoxicated offense “means a violation of any of the following:

(i) . . . MCL 257.625 [or MCL] 257.625m.

(ii) A local ordinance substantially corresponding to a violation listed in [MCL 764.9c(9)(b)(i)].

(iii) A law of an Indian tribe substantially corresponding to a violation listed in [MCL 764.9c(9)(b)(i)].

(iv) A law of another state substantially corresponding to a violation listed in [MCL 764.9c(9)(b)(i)].

(v) A law of the United States substantially corresponding to a violation listed in [MCL 764.9c(9)(b)(i)].” MCL 764.9c(9)(b).

Ordinance

For purposes of Chapter 87 of the Revised Judicature Act, MCL 600.113(1)(a), and MCL 600.113(1)(c), ordinance “includes a temporary vessel speed limit established by a county emergency management coordinator or sheriff under . . . MCL 324.80146[.]” MCL 600.8701(d).

Ordinance violation

For purposes of the Code of Criminal Procedure, ordinance violation means “either of the following: (i) [a] violation of an ordinance or charter of a city, village, township, or county that is punishable by imprisonment or a fine that is not a civil fine[;] (ii) [a] violation of an ordinance, rule, or regulation of any other governmental entity authorized by law to enact ordinances, rules, or regulations that is punishable by imprisonment or a fine that is not a civil fine.” MCL 761.1(o).

Owner

For purposes of the Dangerous Animals Act, owner means “a person who owns or harbors a dog or other animal.” MCL 287.321(c).

For purposes of the Dog Law of 1919, owner “when applied to the proprietorship of a dog means every person having a right of property in the dog, and every person who keeps or harbors the dog or has it in his [or her] care, and every person who permits the dog to remain on or about any premises occupied by him [or her].” MCL 287.261(2)(c).

P

Partially Indigent

For purposes of the Michigan Indigent Defense Commission Act, partially indigent means “a criminal defendant who is unable to afford the complete cost of legal representation, but is able to contribute a monetary amount toward his or her representation.” MCL 780.983(k).

Parking

For purposes of the Michigan Vehicle Code, parking means “standing a vehicle, whether occupied or not, upon a highway, when not loading or unloading except when making necessary repairs.” MCL 257.38.

Parking violation notice

For purposes of the MCL257.742(7), parking violation notice means “a notice, other than a citation, directing a person to appear at a parking violations bureau in the city, village, or township in which, or of the college or university for which, the notice is issued and to pay the fine and costs, if any, prescribed by ordinance for the parking or standing of a motor vehicle in violation of the ordinance.” MCL 257.742(9)(a).

Participant

For purposes of MCR 4.101(F)(4), participant is defined in MCR 2.407(A)(1). MCR 2.407(A)(1) states that participants “include, but are not limited to, parties, counsel, and subpoenaed witnesses, but do not include the general public.”

For purposes of Chapter 10C of the Revised Judicature Act of 1961, participant “means a juvenile who is admitted into a juvenile mental health court.” MCL 600.1099b(g).

Person

For purposes of the Code of Criminal Procedure, person or a similar word means “an individual or, unless a contrary intention appears, a public or private corporation, partnership, or unincorporated or voluntary association.” MCL 761.1(p).

For purposes of the Crime Victim’s Right Act, Article 1, person means “an individual, organization, partnership, corporation, or governmental entity.” MCL 780.752(1)(j).

For purposes of the Crime Victim’s Right Act, Article 2, person means “an individual, organization, partnership, corporation, or governmental entity.” MCL 780.781(1)(h).

For purposes of the Crime Victim’s Right Act, Article 3, person means “an individual, organization, partnership, corporation, or governmental entity.” MCL 780.811(1)(e).

For purposes of the Michigan Vehicle Code, person means “every natural person, firm, copartnership, association, or corporation and their legal successors.” MCL 257.40.

Personal vehicle

For purposes of the Michigan Vehicle Code, personal vehicle “means that term as defined in [MCL 257.2102].” MCL 257.40c. MCL 257.2102(h) provides that personal vehicle “means a motor vehicle with a seating capacity of 8 passengers or fewer, including the driver, that is used by a transportation network company driver that satisfies both of the following:

(i) The vehicle is owned, leased, or otherwise authorized for use by the transportation network company driver.

(ii) The vehicle is not a taxicab, limousine, or commercial vehicle.”

Power-driven mobility device

For purposes of the Michigan Vehicle Code, power-driven mobility device means “a mobility device powered by a battery, fuel, or other engine and used by an individual with a mobility disability for the purpose of locomotion. Notwithstanding any other provisions of this act, the requirements of this act apply to a power-driven mobility device while that device is being operated on a street, road, or highway in this state.” MCL 257.43c.

Preliminary chemical breath analysis

For purposes of the Michigan Vehicle Code, preliminary chemical breath analysis means “the on-site taking of a preliminary breath test from the breath of a person for the purpose of detecting the presence of any of the following within the person’s body:

(a) Alcoholic liquor.

(b) A controlled substance, as that term is defined in . . . MCL 333.7104.

(c) Any other intoxicating substance, as that term is defined in [MCL 257.625].

(d) Any combination of the substances listed in subdivisions (a) to (c).” MCL 257.43a

Preferred mode

For purposes of the Code of Criminal Procedure, preferred mode means “scheduled to be conducted remotely subject to a request under MCR 2.407(B)(4) to appear in person by any participant, including a victim as defined by [MCL 780.752(1)(m)] or a determination by the court that a case is not suited for videoconferencing under MCR 2.407(B)(5).” MCR 6.006(B)(2); MCR 6.006(C)(1).

Prison

For purposes of the Code of Criminal Procedure, prison “or a similar word includes a juvenile facility in which a juvenile has been placed pending trial under [MCL 764.27a].” MCL 761.1(h).

Program participant

For purposes of the Address Confidentiality Program Act, program participant “means an individual who is certified by the department of the attorney general as a program participant under MCL 780.855.” MCL 780.853(n).

Prosecuting attorney

For purposes of the Code of Criminal Procedure, prosecuting attorney means “the prosecuting attorney for a county, an assistant prosecuting attorney for a county, the attorney general, the deputy attorney general, an assistant attorney general, a special prosecuting attorney, or, in connection with the prosecution of an ordinance violation, an attorney for the political subdivision or governmental entity that enacted the ordinance, charter, rule, or regulation upon which the ordinance violation is based.” MCL 761.1(r).

For purposes of the Crime Victim’s Rights Act, prosecuting attorney means “the prosecuting attorney for a county, an assistant prosecuting attorney for a county, the attorney general, the deputy attorney general, an assistant attorney general, or a special prosecuting attorney.” MCL 780.752(1)(l).

Provoke

For purposes of the Dangerous Animals Act, provoke means “to perform a willful act or omission that an ordinary and reasonable person would conclude is likely to precipitate the bite or attack by an ordinary dog or animal.” MCL 287.321(d).

R

Record

For purposes of MCL 600.1428, record means “information of any kind that is recorded in any manner and that has been created by a court or filed with a court in accordance with supreme court rules.” MCL 600.1428(4).

Request for investigation

For purposes of Chapter 9 of the Michigan Court Rules, request for investigation “is an allegation of judicial misconduct, physical or mental disability, or other circumstance that the commission may undertake to investigate under Const 1963, art 6, § 30, and MCR 9.220.” MCR 9.201(H).

Respondent

For purposes of Chapter 9 of the Michigan Court Rules, respondent “is a judge against whom a request for investigation has been filed.” MCR 9.201(C).

S

Sample

For purposes of the DNA Identification Profiling System Act, sample means “a portion of an individual’s blood, saliva, or tissue collected from the individual.” MCL 28.172(g).

School bus zone

For purposes of MCL 257.601b, school bus zone means “the area lying within 20 feet of a school bus that has stopped and is displaying 2 alternately flashing red lights at the same level, except as described in [MCL 257.682(2)].” MCL 257.601b(5)(c).

School property

For purposes of MCL 764.15(1)(n), school property means “that term as defined in . . . MCL 333.7410.” MCL 333.7410(8)(b) defines school property as “a building, playing field, or property used for school purposes to impart instruction to children in grades kindergarten through 12, when provided by a public, private, denominational, or parochial school, except those building used primarily for adult education or college extension courses.”

School zone

For purposes of MCL 257.601b and MCL 257.627a, school zone means “school property on which a school building is located and the adjacent property. A school zone extends not more than 1,000 feet from the school property line in any direction. If 2 or more schools occupy the same property or adjacent properties, 1 of the following applies, as applicable:

(i) If the hours of instruction at the schools are the same, then a single combined school zone shall be established.

(ii) If the hours of instruction at the schools are different, overlapping school zones shall be established.” MCL 257.601b(5)(d); MCL 257.627a(1)(c).

Serious emotional disturbance

For purposes of Chapter 10C of the Revised Judicature Act of 1961, serious emotional disturbance “means that term as defined in . . . [MCL 330.1100d].” MCL 600.1099b(h).

Serious impairment of a body function

For purposes of the Michigan Vehicle Code, serious impairment of a body function “includes, but is not limited to, 1 or more of the following:

(a) Loss of a limb or loss of use of a limb.

(b) Loss of a foot, hand, finger, or thumb or loss of use of a foot, hand, finger, or thumb.

(c) Loss of an eye or ear or loss of use of an eye or ear.

(d) Loss or substantial impairment of a bodily function.

(e) Serious visible disfigurement.

(f) A comatose state that lasts for more than 3 days.

(g) Measurable brain or mental impairment.

(h) A skull fracture or other serious bone fracture.

(i) Subdural hemorrhage or subdural hematoma.

(j) Loss of an organ.” MCL 257.58c.

Serious injury

For purposes of the Dangerous Animals Act, serious injury means “permanent, serious disfigurement, serious impairment of health, or serious impairment of a bodily function of a person.” MCL 287.321(e).

Serious mental illness

For purposes of Chapter 10C of the Revised Judicature Act of 1961, serious mental illness “means that term as defined in . . . [MCL 330.1100d].” MCL 600.1099b(i).

Serious misdemeanor

For purposes of MCL 764.9c, MCL 769.5, and the Crime Victim’s Rights Act, Article 3, “[e]xcept as otherwise defined in this article, as used in this article[, serious misdemeanor] means 1 or more of the following:

(i) A violation of [MCL 750.81], assault and battery, including domestic violence.

(ii) A violation of [MCL 750.81a], assault; infliction of serious injury, including aggravated domestic violence.

(iii) Beginning January 1, 2024, a violation of [MCL 750.81c(1)], threatening a [DHHS’] employee with physical harm.

(iv) A violation of [MCL 750.115], breaking and entering or illegal entry.

(v) A violation of [MCL 750.136b(7)], child abuse in the fourth degree.

(vi) A violation of [MCL 750.145], contributing to the neglect or delinquency of a minor.

(vii) A misdemeanor violation of [MCL 750.145d], using the internet or a computer to make a prohibited communication.

(viii) Beginning January 1, 2024, a violation of [MCL 750.174a(2)] or [MCL 750.174a(3)(b)], embezzlement from a vulnerable adult of an amount less than $200.00.

(ix) Beginning January 1, 2024, a violation of [MCL 750.174a(3)(a)], embezzlement from a vulnerable adult of an amount of $200.00 to $1,000.00.

(x) A violation of [MCL 750.233], intentionally aiming a firearm without malice.

(xi) A violation of [MCL 750.234], discharge of a firearm intentionally aimed at a person.

(xii) A violation of [MCL 750.235], discharge of an intentionally aimed firearm resulting in injury.

(xiii) A violation of [MCL 750.335a], indecent exposure.

(xiv) A violation of [MCL 750.411h], stalking.

(xv) A violation of [MCL 257.601b(2)], injuring a worker in a work zone.

(xvi) Beginning January 1, 2024, a violation of [MCL 257.601d(1)], moving violation causing death.

(xvii) Beginning January 1, 2024, a violation of [MCL 257.601d(2)], moving violation causing serious impairment of a body function.

(xviii) A violation of [MCL 257.617a], leaving the scene of a personal injury accident.

(xix) A violation of [MCL 257.625], operating a vehicle while under the influence of or impaired by intoxicating liquor or a controlled substance, or with an unlawful blood alcohol content, if the violation involves an accident resulting in damage to another individual’s property or physical injury or death to another individual.

(xx) Selling or furnishing alcoholic liquor to an individual less than 21 years of age in violation of   [MCL 436.1701], if the violation results in physical injury or death to any individual.

(xxi) A violation of [MCL 324.80176(1) or MCL 324.80176(3)], operating a vessel while under the influence of or impaired by intoxicating liquor or a controlled substance, or with an unlawful blood alcohol content, if the violation involves an accident resulting in damage to another individual’s property or physical injury or death to any individual.

(xxii) A violation of a local ordinance substantially corresponding to a violation enumerated in subparagraphs (i) to (xxi).

(xxiii) A violation charged as a crime or serious misdemeanor enumerated in subparagraphs (i) to (xxii) but subsequently reduced to or pleaded to as a misdemeanor. As used in this subparagraph, ‘crime’ means that term as defined in [MCL 780.752(1)(b)].“ MCL 764.9c(9)(c); MCL 769.5(7); MCL 780.811(1)(a).

Sexual assault of a minor

For purposes of MCL 770.9b, sexual assault of a minor “means a violation of any of the following:

“(i) . . . MCL 750.520b, [MCL] 750.520c, and [MCL 750.520d(1)(b)-(e)], in which the victim of the offense is a minor.

(ii) . . . [MCL 750.520d(1)(a)], if the actor is 5 or more years older than the victim.

(iii) . . . MCL 750.520g, for assaulting an individual with the intent to commit criminal sexual conduct described in subparagraphs (i) and (ii).” MCL 770.9b(3)(b).

Snowmobile

For purposes of MCL 324.82101 et seq., snowmobile “means any motor-driven vehicle that is designed for travel primarily on snow or ice and that utilizes sled-type runners or skis, an endless belt tread, or any combination of these or other similar means of contact with the surface upon which it is operated, but is not a vehicle that must be registered under . . . MCL 257.1 to [MCL] 257.923.” MCL 324.82101(x).

Social networking site

For purposes of MCL 257.602b, social networking site means “any web-based service that allows individuals to construct a profile within a founded system and communicate with other users of the site for social or amusement purposes.” MCL 257.602b(12)(d).

Specified juvenile violation

For purposes of MCL 764.1f, specified juvenile violation means “any of the following:

(a) A violation of [MCL 750.72, MCL 750.83, MCL 750.86, MCL 750.89, MCL 750.91, MCL 750.316, MCL 750.317, MCL 750.349, MCL 750.520b, MCL 750.529, MCL 750.529a, or MCL 750.531].

(b) A violation of [MCL 750.84 or MCL 750.110a(2)], if the juvenile is armed with a dangerous weapon. . . .

(c) A violation of [MCL 750.186a], regarding escape or attempted escape from a juvenile facility, but only if the juvenile facility from which the individual escaped or attempted to escape was 1 of the following:

(i) A high-security or medium-security facility operated by the [Department of Health and Human Services] or a county juvenile agency.

(ii) A high-security facility operated by a private agency under contract with the family independence agency or a county juvenile agency.

(d) A violation of [MCL 333.7401(2)(a)(i) or MCL 333.7403(2)(a)(i)].

(e) An attempt to commit a violation described in subdivisions (a) to (d).

(f) Conspiracy to commit a violation described in subdivisions (a) to (d).

(g) Solicitation to commit a violation described in subdivisions (a) to (d).

(h) Any lesser included offense of a violation described in subdivisions (a) to (g) if the individual is charged with a violation described in subdivisions (a) to (g).

(i) Any other violation arising out of the same transaction as a violation described in subdivisions (a) to (g) if the individual is charged with a violation described in subdivisions (a) to (g).” MCL 764.1f(2).

State civil infraction

For purposes of the Revised Judicature Act, state civil infraction means “a civil infraction involving either of the following:

(i) A violation of state law that is designated by statute as a state civil infraction.

(ii) A violation of a city, township, village, or county ordinance that is designated by statute as a state civil infraction.” MCL 600.113(1)(e).

State civil infraction action

For purposes of the Revised Judicature Act, state civil infraction action means “a civil action in which the defendant is alleged to be responsible for a state civil infraction.” MCL 600.113(1)(f).

Street or highway

For purposes of the Michigan Vehicle Code, street or highway means “the entire width between boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.” MCL 257.64.

T

Taken

For purposes of the Code of Criminal Procedure, taken, brought, or before “a magistrate or judge for purposes of criminal arraignment or the setting of bail means either” physical presence before a judge or district court magistrate or presence before a judge or district court magistrate by use of 2-way interactive video technology. MCL 761.1(t).

Taxicab

For purposes of the Michigan Vehicle Code, taxicab “means that term as defined in [MCL 257.2102].” MCL 257.67c. MCL 257.2102(i) provides that taxicab “means a motor vehicle with a seating capacity of 8 passengers or fewer, including the driver, that is equipped with a roof light and that carries passengers for a fee usually determined by the distance traveled. Taxicab does not include a commercial vehicle.”

Taxicab driver

For purposes of the Michigan Vehicle Code, taxicab driver “means that term as defined in [MCL 257.2102].” MCL 257.67d. MCL 257.2102(k) provides that taxicab driver “means an individual who uses a taxicab to provide transportation services to potential passengers.”

Torment

For purposes of the Dangerous Animals Act, torment means “an act or omission that causes unjustifiable pain, suffering, and distress to an animal, or causes mental and emotional anguish in the animal as evidenced by its altered behavior, for a purpose such as sadistic pleasure, coercion, or punishment that an ordinary and reasonable person would conclude is likely to precipitate the bite or attack.” MCL 287.321(f).

Trailway municipal civil infraction

For purposes of the Revised Judicature Act, trailway municipal civil infraction means “a municipal civil infraction involving the operation of a vehicle on a recreational trailway at a time, in a place, or in a manner prohibited by ordinance.” MCL 600.113(1)(g).

Trailway municipal civil infraction action

For purposes of the Revised Judicature Act, trailway municipal civil infraction action means “a civil infraction action in which the defendant is alleged to be responsible for a trailway municipal civil infraction.” MCL 600.113(1)(h).

Transportation network company

For purposes of the Michigan Vehicle Code, transportation network company “means that term as defined in [MCL 257.2102].” MCL 257.76a. MCL 257.2102(l) provides that transportation network company “means a person operating in [Michigan] that uses a digital network to connect transportation network company riders to transportation network company drivers who provide transportation network company prearranged rides. Transportation network company does not include a taxi service, transportation service arranged through a transportation broker, ridesharing arrangement, or transportation service using fixed routes at regular intervals.”

Transportation network company digital network

For purposes of the Michigan Vehicle Code, digital network “means that term as defined in [MCL 257.2102].” MCL 257.12c. Although MCL 257.2102 does not define digital network, MCL 257.2102(m) defines transportation network company digital network to mean “an online-enabled application, website, or system offered or utilized by a transportation network company that enables the prearrangement of rides with transportation network company drivers.”

Transportation network company driver

For purposes of the Michigan Vehicle Code, transportation network company driver “means that term as defined in [MCL 257.2102].” MCL 257.76b. MCL 257.2102(n) provides that transportation network company driver “means an individual who satisfies all of the following:

(i) Receives connections to potential passengers and related services from a transportation network company in exchange for payment of a fee to the transportation network company.

(ii) Uses a personal vehicle to offer or provide transportation network company prearranged rides to transportation network company riders upon connection through a

Transportation network company prearranged ride

For purposes of the Michigan Vehicle Code, transportation network company prearranged ride “means that term as defined in [MCL 257.2102].” MCL 257.76c. MCL 257.2102(o) provides that transportation network company prearranged ride “means the provision of transportation by a transportation network company driver to a transportation network company rider, beginning when a transportation network company driver accepts a ride requested by a transportation network company rider through a digital network controlled by a transportation network company, continuing while the transportation network company driver transports the requesting transportation network company rider, and ending when the last requesting transportation network company rider departs from the personal vehicle. Transportation network company prearranged ride does not include a shared-expense carpooling or vanpooling arrangement or transportation provided using a taxicab, limousine, or other vehicle.”

Transportation network company rider

For purposes of the Michigan Vehicle Code, transportation network company rider “means that term as defined in [MCL 257.2102].” MCL 257.76d. MCL 257.2102(p) provides that transportation network company rider “means an individual who uses a transportation network company’s digital network to connect with a transportation network company driver who provides a transportation network company prearranged ride to the transportation network company rider in the transportation network company driver’s personal vehicle between points chosen by the transportation network company rider.”

U

Upfitter

For purposes of the MVC, upfitter “means a person that modifies a motor vehicle after it was manufactured by installing an automated driving system in that motor vehicle to convert it to an automated motor vehicle. Upfitter includes a subcomponent system producer recognized by the secretary of state that develops or produces automated driving systems.” MCL 257.2b(16).

Use a mobile electronic device

For purposes of MCL 257.602b other than MCL 257.602b(2), use a mobile electronic device means “using a mobile electronic device to do any task, including, but not limited to, any of the following:

(i) Send or receive a telephone call.

(ii) Send, receive, or read a text message.

(iii) View, record, or transmit a video.

(iv) Access, read, or post to a social networking site.” MCL 257.602b(13).

For purposes of MCL 257.602b(2), use a mobile electronic device means “1 or more of the following:

(a) using a mobile electronic device to do any task, including, but not limited to, any of the following:

(i) Send or receive a telephone call.

(ii) Send, receive, or read a text message.

(iii) View, record, or transmit a video.

(iv) Access, read, or post to a social networking site.

(b) Reaching for a mobile electronic device in a manner that requires a driver to maneuver so that the driver is no longer in a seated driving position, restrained by a seat belt that is installed as required by 49 CFR 393.93 and adjusted in accordance with the vehicle manufacturer’s instructions.” MCL 257.602b(2).

V

Vehicle

For purposes of the Michigan Vehicle Code, vehicle means “every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, except devices exclusively moved by human power or used exclusively upon stationary rails or tracks and except, only for the purpose of titling and registration under this act, a mobile home as defined in [MCL 125.2302.]” MCL 257.79.

Vehicle immobilization

For purposes of MCL 257.904d, vehicle immobilization means “requiring the motor vehicle involved in the violation immobilized in a manner provided in [MCL 257.904e].” MCL 257.904d(8)(b).

Vessel

For purposes of the Natural Resources and Environmental Protection Act, Part 801, Marine Safety, vessel means “every description of watercraft used or capable of being used as a means of transportation on water.” MCL 324.80104(t).

Victim

For purposes of the Crime Victim’s Rights Act, Article 1, victim means “any of the following:

(i) An individual who suffers direct or threatened physical, financial, or emotional harm as a result of the commission of a crime, except as provided in subparagraph (ii), (iii), (iv), or (v).

(ii) The following individuals other than the defendant if the victim is deceased, except as provided in subparagraph (v):

(A) The spouse of the deceased victim.

(B) A child of the deceased victim if the child is 18 years of age or older and sub-subparagraph (A) does not apply.

(C) A parent of the deceased victim if sub-subparagraphs (A) and (B) do not apply.

(D) The guardian or custodian of a child of the deceased victim if the child is less than 18 years of age and sub-subparagraphs (A) to (C) do not apply.

(E) A sibling of the deceased victim if sub-subparagraphs (A) to (D) do not apply.

(F) A grandparent of the deceased victim if sub-subparagraphs (A) to (E) to not apply.

(iii) A parent, guardian, or custodian of the victim, if the victim is less than 18 years of age, who is neither the defendant nor incarcerated, if the parent, guardian, or custodian so chooses.

(iv) A parent, guardian, or custodian of a victim who is mentally or emotionally unable to participate in the legal process if he or she is neither the defendant nor incarcerated.

(v) For the purpose of submitting or making an impact statement only, if the victim as defined in subparagraph (i) is deceased, is so mentally incapacitated that he or she cannot meaningfully understand or participate in the legal process, or consents to the designation as a victim of the following individuals other than the defendant:

(A) The spouse of the victim.

(B) A child of the victim if the child is 18 years of age or older.

(C) A parent of the victim.

(D) The guardian or custodian of a child of the victim if the child is less than 18 years of age.

(E) A sibling of the victim.

(F) A grandparent of the victim.

(G) A guardian or custodian of the victim if the victim is less than 18 years of age at the time of the commission of the crime and that guardian or custodian is not incarcerated.” MCL 780.752(1)(m).

For purposes of the Crime Victim’s Rights Act, Article 2, victim means “any of the following:

(i) A person who suffers direct or threatened physical, financial, or emotional harm as a result of the commission of an offense, except as provided in subparagraph (ii), (iii), (iv), or (v).

(ii) The following individuals other than the juvenile if the victim is deceased, except as provided in subparagraph (v):

(A) The spouse of the deceased victim.

(B) A child of the deceased victim if the child is 18 years of age or older and sub-subparagraph (A) does not apply.

(C) A parent of a deceased victim if sub-subparagraphs (A) and (B) do not apply.

(D) The guardian or custodian of a child of a deceased victim if the child is less than 18 years of age and sub-subparagraphs (A) to (C) do not apply.

(E) A sibling of the deceased victim if sub-subparagraphs (A) to (D) do not apply.

(F) A grandparent of the deceased victim if sub-subparagraphs (A) to (E) do not apply.

(iii) A parent, guardian, or custodian of a victim who is less than 18 years of age and who is neither the juvenile nor incarcerated, if the parent, guardian, or custodian so chooses.

(iv) A parent, guardian, or custodian of a victim who is mentally or emotionally unable to participate in the legal process if he or she is neither the juvenile nor incarcerated.

(v) For the purpose of submitting or making an impact statement only, if the victim as defined in subparagraph (i) is deceased, is so mentally incapacitated that he or she cannot meaningfully understand or participate in the legal process, or consents to the designation as a victim of the following individuals other than the juvenile:

(A) The spouse of the victim.

(B) A child of the victim if the child is 18 years of age or older.

(C) A parent of the victim.

(D) The guardian or custodian of a child of the victim if the child is less than 18 years of age.

(E) A sibling of the victim.

(F) A grandparent of the victim.

(G) A guardian or custodian of the victim if the victim is less than 18 years of age at the time of the commission of the crime and that guardian or custodian is not incarcerated.” MCL 780.781(1)(j).

For purposes of the Crime Victim’s Rights Act, Article 3, victim means “any of the following:

(i) An individual who suffers direct or threatened physical, financial, or emotional harm as a result of the commission of a serious misdemeanor, except as provided in subparagraph (ii), (iii), (iv), or (v).

(ii) The following individuals other than the defendant if the victim is deceased, except as provided in subparagraph (v):

(A) The spouse of the deceased victim.

(B) A child of the deceased victim if the child is 18 years of age or older and sub-subparagraph (A) does not apply.

(C) A parent of a deceased victim if sub-subparagraphs (A) and (B) do not apply.

(D) The guardian or custodian of a child of a deceased victim if the child is less than 18 years of age and sub-subparagraphs (A) to (C) do not apply.

(E) A sibling of the deceased victim if sub-subparagraphs (A) to (D) do not apply.

(F) A grandparent of the deceased victim if sub-subparagraphs (A) to (E) do not apply.

(iii) A parent, guardian, or custodian of a victim who is less than 18 years of age and who is neither the defendant nor incarcerated, if the parent, guardian, or custodian so chooses.

(iv) A parent, guardian, or custodian of a victim who is so mentally incapacitated that he or she cannot meaningfully understand or participate in the legal process if he or she is not the defendant and is not incarcerated.

(v) For the purpose of submitting or making an impact statement only, if the victim as defined in subparagraph (i) is deceased, is so mentally incapacitated that he or she cannot meaningfully understand or participate in the legal process, or consents to the designation as a victim of the following individuals other than the defendant:

(A) The spouse of the victim.

(B) A child of the victim if the child is 18 years of age or older.

(C) A parent of the victim.

(D) The guardian or custodian of a child of the victim if the child is less than 18 years of age.

(E) A sibling of the victim.

(F) A grandparent of the victim.

(G) A guardian or custodian of the victim if the victim is less than 18 years of age at the time of the commission of the crime and that guardian or custodian is not incarcerated.” MCL 780.811(1)(h).

Videoconferencing

For purposes of Subchapter 2.400 of the Michigan Court Rules, videoconferencing “means the use of an interactive technology, including a remote digital platform, that sends video, voice, and/or data signals over a transmission circuit so that two or more individuals or groups can communicate with each other simultaneously using video codecs, monitors, cameras, audio microphones, and audio speakers. It includes use of a remote video platform through an audio-only option.” MCR 2.407(A)(2).

Violent felony

For purposes of MCL 762.10d, MCL 764.1a, MCL 764.3, and MCL 765.6e, violent felony “means that term as defined in . . . MCL 791.236.” MCL 762.10d(5)(c); MCL 764.1a(9)(d); MCL 764.3(5)(c); MCL 765.6e(2)(c). “As used in [MCL 791.236], ‘violent felony’ means an offense against a person in violation of MCL 750.82, [MCL] 750.83, [MCL] 750.84, [MCL] 750.86, [MCL] 750.87, [MCL] 750.88, [MCL] 750.89, [MCL] 750.316, [MCL] 750.317, [MCL] 750.321, [MCL] 750.349, [MCL] 750.349a, [MCL] 750.350, [MCL] 750.397, [MCL] 750.520b, [MCL] 750.520c, [MCL] 750.520d, [MCL] 750.520e, [MCL] 750.520g, [MCL] 750.529, [MCL] 750.529a, [or MCL] 750.530.” MCL 791.236(20).

For purposes of MCR 6.106(B)(1), violent felony means “a felony, an element of which involves a violent act or threat of a violent act against any other person.” MCR 6.106(B)(2).

Vulnerable adult

For purposes of MCL 764.1a, vulnerable adult means “that term as defined in . . . MCL 750.145m.” MCL 764.1a(9)(b). MCL 750.145m(u) defines vulnerable adult as “1 or more of the following: (i) [a]n individual age 18 or over who, because of age, developmental disability, mental illness, or physical disability requires supervision or personal care or lacks the personal and social skills required to live independently[;] (ii) [a]n adult as defined in . . . [MCL 400.703(1)(b);] (iii) [a]n adult as defined in . . . MCL 400.11.”

W

Work zone

For purposes of the Michigan Vehicle Code, work zone means “a portion of a street or highway that meets any of the following:

(a) Is between a ‘work zone begins’ sign and an ‘end road work’ sign.

(b) For construction, maintenance, or utility work activities conducted by a work crew and more than 1 moving vehicle, is between a ‘begin work convoy’ sign and an ‘end work convoy’ sign.

(c) For construction, maintenance, surveying, or utility work activities conducted by a work crew and 1 moving or stationary vehicle exhibiting a rotating beacon or strobe light, is between the following points:

(i) A point that is 150 feet behind the rear of the vehicle or that is the point from which the beacon or strobe light is first visible on the street or highway behind the vehicle, whichever is closer to the vehicle.

(ii) A point that is 150 feet in front of the front of the vehicle or that is the point from which the beacon or strobe light is first visible on the street or highway in front of the vehicle, whichever is closer to the vehicle.” MCL 257.79d.

Writing

For purposes of the Code of Criminal Procedure, writing or written or a similar term “refers to words printed, painted, engraved, lithographed, photographed, copied, traced, or otherwise made visible to the eye.” MCL 761.1(w).

 

1   Effective March 21, 2017, 2016 PA 349 amended MCL 474.103 to remove the definition of motor carrier of passengers and to instead define only motor carrier. MCL 257.6 has not been amended to reflect the changes made by 2016 PA 349.