February 21, 2006, Introduced by Reps. Caul, Vander Veen, Emmons, Ball, Nitz, Proos, Pavlov, Wenke, Polidori, Hansen and Stahl and referred to the Committee on Judiciary.
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
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 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 medical first response service.
(c) The badge is a retirement badge and is in the possession
of the retired member of the fire department or retired employee of
the 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 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
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 $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) "Medical first response service" means that term as
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 medical first response service,
shall not wear or display the emblem, insignia, logo, service mark,
or other identification of any fire department 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
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 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.
(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) "Medical first response service" means that term as
defined in section 20906 of the public health code, 1978 PA 368,
MCL 333.20906.