SB-0551, As Passed Senate, September 27, 2011
June 30, 2011, Introduced by Senators HANSEN, PROOS, MARLEAU, BRANDENBURG, PAPPAGEORGE, JONES, ROCCA, NOFS and BOOHER and referred to the Committee on Judiciary.
A bill to amend 1909 PA 17, entitled
"An act to prohibit or limit the access by prisoners and by
employees of correctional facilities to certain weapons and
wireless communication devices and to alcoholic liquor, drugs,
medicines, poisons, and controlled substances in, on, or outside of
correctional facilities; to prohibit or limit the bringing into or
onto certain facilities and real property, and the disposition of,
certain weapons, substances, and wireless communication devices; to
prohibit or limit the selling, giving, or furnishing of certain
weapons, substances, and wireless communication devices to
prisoners; to prohibit the control or possession of certain
weapons, substances, and wireless communication devices by
prisoners; and to prescribe penalties,"
by amending section 3a (MCL 800.283a), as added by 2006 PA 540.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 3a. (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 correctional
facility, or dispose of a cellular telephone or other wireless
communication device in or on the grounds of a correctional
Senate Bill No. 551 as amended September 27, 2011
facility.
(2) A prisoner shall not possess or use a cellular telephone
or other wireless communication device in a correctional facility
or on the grounds of a correctional facility except as authorized
by the department of corrections.
(3) Subsection (1) does not apply to any of the following:
(a) A police officer of this state or of a political
subdivision of this state while lawfully engaged in his or her
duties as a police officer.
(b) A law enforcement officer of the federal government while
lawfully engaged in his or her duties as a law enforcement officer.
(c) An employee of the department of corrections who is
authorized by the department of corrections to possess or use a
cellular telephone or other wireless communication device in that
correctional facility or on the grounds of that correctional
facility or who allows a prisoner to possess or use a cellular
telephone or other wireless communication device in that
correctional facility or on the grounds of that correctional
facility as authorized by the department of corrections.
<<(4) 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 cell phones for soldiers inc., or its successor
organization.>>