SB-0444, As Passed Senate, December 13, 2005

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE SUBSTITUTE FOR

 

SENATE BILL NO. 444

 

 

 

 

 

 

 

 

 

 

 

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending section 216a (MCL 750.216a), as added by 1985 PA 78,

 

and by adding section 216b.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 216a. (1) A person shall not sell, furnish,  or  possess,

 

wear, exhibit, display, or use the badge, patch, or uniform, or

 

facsimile of the badge, patch, or uniform, of any law enforcement

 

agency unless any of the following  occur  apply:

 

     (a) The person receiving or possessing the badge, patch,

 

uniform, or facsimile is authorized to receive or possess the

 

badge, patch, uniform, or facsimile by the chief officer of the law

 

enforcement agency.

 


     (b) The person receiving or possessing the badge, patch,

 

uniform, or facsimile is a member of the law enforcement agency.

 

     (c) The badge is a retirement badge and is in the possession

 

of the retired law enforcement officer.

 

     (d) The badge, patch, or uniform is the badge, patch, or

 

uniform of a deceased law enforcement officer and is in the

 

possession of his or her spouse, child, or next of kin.

 

     (e) The person receiving,  or  possessing, exhibiting,

 

displaying, or using the badge, patch, uniform, or facsimile is a

 

collector of badges, patches, uniforms, or facsimiles.  The  A

 

badge, patch, uniform, or facsimile possessed as part of a

 

collection shall be  transported  in a container or display case

 

when being transported.

 

     (f) The person is in the theatrical profession and wears the

 

badge, patch, uniform, or facsimile while actually engaged in

 

following that profession.

 

     (2) A person who violates this section is guilty of a

 

misdemeanor  ,  punishable by imprisonment for not more than 93

 

days or a fine of not more than  $100.00  $500.00, or both. A

 

charge under or a conviction or punishment for a violation of this

 

section does not prevent a person from being charged with,

 

convicted of, or punished for any other violation of law arising

 

from the same transaction.

 

     (3) As used in this section and section 216b, "facsimile"

 

includes both an exact replica of an existing item and a close

 

imitation of an existing item.

 

     (4) This section does not apply to a person appointed by a

 


court of this state to serve as a bailiff or court officer under

 

section 8321 of the revised judicature act of 1961, 1961 PA 236,

 

MCL 600.8321, or under MCR 3.106 or MCR 2.103.

 

     Sec. 216b. (1) A person, other than a peace officer, shall not

 

wear or display the emblem, insignia, logo, service mark, or other

 

law enforcement identification of any law enforcement agency, or a

 

facsimile of any of those items, if either of the following

 

applies:

 

     (a) The person represents himself or herself to another person

 

as being a peace officer. As used in this subdivision, "peace

 

officer" means that term as defined in section 215.

 

     (b) The wearing or display occurs in a manner that would lead

 

a reasonable person to falsely believe that the law enforcement

 

agency whose emblem, insignia, logo, service mark, or other law

 

enforcement identification or facsimile is being worn or displayed

 

is promoting or endorsing a commercial service or product or a

 

charitable endeavor.

 

     (2) A person who violates this section is guilty of a

 

misdemeanor punishable by imprisonment for not more than 93 days or

 

a fine of not more than $500.00, or both. A charge under or a

 

conviction or punishment for a violation of this section does not

 

prevent a person from being charged with, convicted of, or punished

 

for any other violation of law arising from the same transaction.

 

     (3) As used in this section, "law enforcement identification"

 

means any identification that contains the words "law enforcement"

 

or similar words, including, but not limited to, "agent",

 

"enforcement agent", "detective", "task force", "fugitive recovery

 


agent", or any other combination of names that gives the impression

 

that the bearer is any way connected with the federal government,

 

state government, or any political subdivision of a state

 

government. However, law enforcement identification does not

 

include "bail agent" or "bondsman" when used by a bail agent or

 

bondsman operating in accordance with section 167b.

 

     (4) This section does not apply to a person appointed by a

 

court of this state to serve as a bailiff or court officer under

 

section 8321 of the revised judicature act of 1961, 1961 PA 236,

 

MCL 600.8321, or under MCR 3.106 or MCR 2.103.

 

     Enacting section 1.  This amendatory act takes effect January

 

1, 2006.