SB-0552, As Passed Senate, June 13, 2012

HOUSE SUBSTITUTE FOR

SENATE BILL NO. 552

     A bill to amend 1981 PA 7, entitled

"An act to prohibit without authorization the bringing into jails

and other specified areas any alcoholic liquor, controlled

substances, weapons, and certain other items; the selling or

furnishing to prisoners, and the improper disposal of any alcoholic

liquor, controlled substances, weapons, and certain other items;

the possession or control by prisoners of any alcoholic liquor,

controlled substances, weapons, and certain other items; to

prescribe a penalty; and to repeal certain acts and parts of acts,"

(MCL 801.261 to 801.267) by adding section 2a.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

     Sec. 2a. (1) A person shall not sell, give, or furnish, or aid

in the selling, giving, or furnishing of, a cellular telephone or

other wireless communication device to a prisoner in a jail or a

building appurtenant to a jail or on grounds used for jail

purposes, or dispose of a cellular telephone or other wireless

communication device in a jail or a building appurtenant to a jail

or on grounds used for jail purposes.

     (2) A prisoner shall not possess or use a cellular telephone

or other wireless communication device in a jail or a building

appurtenant to a jail or on grounds used for jail purposes except

as authorized by the person in charge of the jail.

     (3) A cellular telephone or other wireless communication

device sold, given furnished, possessed, or used in violation of

this section is subject to confiscation and disposal under this

section as contraband. If a cellular telephone or other wireless

communication device is confiscated under this section, and the

cellular telephone or other wireless device is serviceable but no

longer needed for purposes of a criminal prosecution under this

section, the cellular telephone or other wireless device shall be

donated to a nonprofit organization that provides cellular

telephones and other wireless communication devices to military

personnel, or to any other charity approved by the warden of the

facility where the device was confiscated.