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HB-5719, As Passed House, June 7, 2006

SUBSTITUTE FOR

HOUSE BILL NO. 5719

A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

(MCL 750.1 to 750.568) by adding sections 217g and 217h.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 217g. (1) A person shall not sell, furnish, possess,

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

facsimile of the badge, patch, or uniform, of any fire department,

life support agency, or medical first response service unless 1 or

more of the following 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

fire department, life support agency, or medical first response

service.

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

uniform, or facsimile is a member of the fire department or an

employee of the life support agency or medical first response

service.

of the retired member of the fire department or retired employee of

the life support agency or medical first response service.

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

uniform of a deceased member of the fire department or deceased

employee of the life support agency or medical first response

service and is in the possession of his or her spouse, child, or

next of kin.

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

or using the badge, patch, uniform, or facsimile is a collector of

badges, patches, uniforms, or facsimiles. A badge, patch, uniform,

or facsimile possessed as part of a collection shall be 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 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 $500.00, or both.

(3) As used in this section:

(a) "Facsimile" includes both an exact replica of an existing

item and a close imitation of an existing item.

(b) "Life support agency" means that term as defined in

section 20906 of the public health code, 1978 PA 368, MCL

333.20906.

defined in section 20906 of the public health code, 1978 PA 368,

MCL 333.20906.

Sec. 217h. (1) A person, other than a member of a fire

department or an employee of a life support agency or medical first

response service, shall not wear or display the emblem, insignia,

logo, service mark, or other identification of any fire department,

life support agency, or medical first response service, 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 member of that fire department or an employee of that

life support agency or medical first response service.

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

a reasonable person to falsely believe that the fire department,

life support agency, or medical first response service whose

emblem, insignia, logo, service mark, or other identification or

facsimile is being worn or displayed is promoting or endorsing a

commercial service or product or a charitable endeavor.