April 28, 2005, Introduced by Senators McMANUS, VAN WOERKOM, BIRKHOLZ, TOY, JOHNSON, GOSCHKA, ALLEN, JACOBS, BASHAM, CASSIS and BISHOP and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending sections 216 and 216a (MCL 750.216 and 750.216a),
section 216 as amended and section 216a as added by 1985 PA 78.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 216. A person who wears, exhibits, displays, or uses, for
any purpose, the badge or uniform or a badge or uniform
substantially identical to that prescribed by the department of
state police for officers of the department, unless he or she is a
member of the department, 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. However, this section shall
not be construed to
does not prohibit persons of the theatrical profession from wearing
such
a badge or uniform described in this section in
any playhouse
or theatre while actually engaged in following that profession.
Sec. 216a. (1) A person shall not sell, furnish, or possess
the badge, logo, service mark, patch, or uniform or facsimile of
the badge, logo, service mark, patch, or uniform of any law
enforcement
agency unless any of the following occur apply:
(a) The person receiving or possessing the badge, logo,
service mark, patch, uniform, or facsimile is authorized to receive
or possess the badge, logo, service mark, patch, uniform, or
facsimile by the chief officer of the law enforcement agency.
(b) The person receiving or possessing the badge, logo,
service mark, 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, logo, service mark, patch, or uniform is the
badge, logo, service mark, 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 the badge, logo,
service
mark, patch, uniform, or facsimile is a
collector of
badges
any or all of those items.
The badge, logo, service mark,
patch, uniform, or facsimile shall be transported in a container or
display case.
(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.