HOUSE BILL No. 5588

 

 

February 15, 2018, Introduced by Reps. Green and Lasinski and referred to the Committee on Communications and Technology.

 

     A bill to amend 1909 PA 17, entitled

 

"An act to prohibit or limit the access by prisoners and by

employees of correctional facilities to certain weapons and

wireless communication devices and to alcoholic liquor, drugs,

medicines, poisons, and controlled substances in, on, or outside of

correctional facilities; to prohibit or limit the bringing into or

onto certain facilities and real property, and the disposition of,

certain weapons, substances, and wireless communication devices; to

prohibit or limit the selling, giving, or furnishing of certain

weapons, substances, and wireless communication devices to

prisoners; to prohibit the control or possession of certain

weapons, substances, and wireless communication devices by

prisoners; and to prescribe penalties,"

 

by amending section 3a (MCL 800.283a), as amended by 2012 PA 255.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 3a. (1) A person shall not sell, give, or furnish, or aid

 

in the selling, giving, or furnishing of, a cellular telephone or

 

other wireless communication device to a prisoner in a correctional

 

facility, or deliver by unmanned aircraft or dispose of a cellular

 

telephone or other wireless communication device in or on the

 

grounds of a correctional facility.

 

     (2) A prisoner shall not possess or use a cellular telephone

 

or other wireless communication device in a correctional facility

 

or on the grounds of a correctional facility except as authorized

 

by the department of corrections.

 

     (3) A cellular telephone or other wireless communication

 

device sold, given, furnished, possessed, or used in violation of

 

this section is subject to confiscation and disposal under this

 

section as contraband. If a cellular telephone or other wireless

 

communication device is confiscated under this section, and the

 

cellular telephone or other wireless device is serviceable but no

 

longer needed for purposes of a criminal prosecution under this

 

section, the cellular telephone or other wireless device shall must

 

be donated to a nonprofit organization that provides cellular

 

telephones and other wireless communication devices to military

 

personnel, or to any other charity approved by the warden chief

 

administrator of the facility where the device was confiscated.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless House Bill No. 5427 of the 99th Legislature is enacted into

 

law.