This is our starting text

HB-5719, As Passed Senate, September 12, 2006

SENATE 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 organized 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

organized 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 organized fire department

or an employee of the life support agency or medical first response

service.

of the retired member of the organized 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 organized 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.

(d) "Organized fire department" means that term as defined in

section 1 of the fire prevention code, 1941 PA 207, MCL 29.1.

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

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

organized 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 organized 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 organized fire