HB-4544, As Passed House, May 17, 2005

 

 

 

 

 

 

 

 

 

 

 

 

 

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

 

application as he or she may prescribe,  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, fire fighting, or emergency medical purposes.]

 

     (2) A person who violates subsection (1) is guilty of a crime

 

as follows:

 

     (a) If the underlying crime is a misdemeanor with a maximum

 

term of imprisonment of 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 the underlying crime is a misdemeanor or a felony with

 

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)  (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.