HB-4544, As Passed Senate, February 14, 2006

SENATE SUBSTITUTE FOR

HOUSE BILL NO. 4544

     A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

by amending section 508 (MCL 750.508), as amended by 2002 PA 672.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 508. (1) Any person who shall equip a vehicle with a

radio receiving set that will receive signals sent on frequencies

assigned by the federal communications commission of the United

States of America for police purposes, or use the same in this

state unless the vehicle is used or owned by a peace officer, or a

bona fide amateur radio operator holding a technician class,

general, advanced, or extra class amateur license issued by the

federal communications commission, without first securing a permit

so to do from the director of the department of state police upon

House Bill No. 4544 as amended February 9, 2006

application as he or she may prescribe, A person who has been

convicted of 1 or more felonies during the preceding 5 years shall

not carry or have in his or her possession a radio receiving set

that will receive signals sent on a frequency assigned by the

federal communications commission of the United States for police

or other law enforcement, fire fighting, emergency medical,

federal, state, or local corrections, or homeland security

purposes. This subsection does not apply to a person who is

licensed as an amateur radio operator by the federal communications

commission. A person who violates this subsection is guilty of a

misdemeanor punishable by imprisonment for not more than 1 year or

a fine of not more than $1,000.00, or both.

     (2) A person shall not carry or have in his or her possession

in the commission or attempted commission of a crime a radio

receiving set that will receive signals sent on a frequency

assigned by the federal communications commission of the United

States for police or other law enforcement, fire fighting,

emergency medical, federal, state, or local corrections, or

homeland security purposes. <<

>> A person who violates this subsection is guilty of a

crime as follows:

     (a) <<If this subsection is violated in the commission or attempted

commission of a misdemeanor punishable by a maximum term of

imprisonment of at least 93 days but>> less than 1 year, the person is

guilty of a

misdemeanor punishable by imprisonment for not more than 1 year or

a fine of not more than $1,000.00, or both.

     (b) <<If this subsection is violated in the commission or attempted

commission of a misdemeanor or felony punishable by>>

House Bill No. 4544 as amended February 9, 2006

a maximum term of imprisonment of 1 year or more, the person is

guilty of a felony punishable by imprisonment for not more than 2

years or a fine of not more than $2,000.00, or both.

     <<(3) Subsection (2) does not apply to a person who carries or has in his or her possession a radio receiving set described in subsection (2) in the commission or attempted commission of a misdemeanor punishable by a maximum term of imprisonment of less than 93 days.>>

<<(4)>>  (2) This section does not apply to the use of radar

detectors.

     Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted.