Bill Text: MI HB5706 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Criminal procedure: sentencing; mandatory sentencing for certain crimes regarding contraband in jails; require. Amends secs. 2, 2a, 3 & 5 of 1981 PA 7 (MCL 801.262 et seq.).
Spectrum: Partisan Bill (Republican 5-0)
Status: (Introduced) 2024-05-08 - Bill Electronically Reproduced 05/08/2024 [HB5706 Detail]
Download: Michigan-2023-HB5706-Introduced.html
HOUSE BILL NO. 5706
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,"
by amending sections 2, 2a, 3, and 5 (MCL 801.262, 801.262a, 801.263, and 801.265), section 2a as added by 2012 PA 256 and section 5 as amended by 1999 PA 28.
the people of the state of michigan enact:
Sec. 2. (1) Unless authorized by the chief administrator of the jail, a person shall not do either of the following:
(a) Bring into a jail or a building appurtenant to a jail, or onto the grounds used for jail purposes, for the use or benefit of a prisoner, any weapon or other item that may be used to injure a prisoner or other person, or used to assist a prisoner in escaping from jail.
(b) Sell or furnish to a prisoner, or dispose of in a manner that allows a prisoner access to the weapon or other item, any weapon or other item which may be used to injure a prisoner or other person, or used to assist a prisoner in escaping from jail.
(2) A person who violates subsection (1)(a) is guilty of a felony. The court shall sentence the person to imprisonment for not less than 5 years or more than life.
(3) (2) Unless authorized by the chief administrator of the jail, a prisoner shall not possess or have under his or her the prisoner's control any weapon or other item that may be used to injure a prisoner or other person, or used to assist a prisoner in escaping from jail. A person who violates this subsection is guilty of a felony. The court shall sentence the person to imprisonment for not less than 15 years or more than life.
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. A person who violates this subsection is guilty of a felony. The court shall sentence the person to imprisonment for not less than 1 year or more than 5 years.
(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 must 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.
Sec. 3. (1) Except as provided in section 4, a person shall not bring into a jail, a building appurtenant to a jail, or the grounds used for jail purposes; sell or furnish to a prisoner; or dispose of in a manner that allows a prisoner access to an alcoholic liquor or controlled substance, any alcoholic liquor or controlled substance. A person who violates this subsection is guilty of a felony. The court shall sentence the person to imprisonment for not less than 5 years or more than life.
(2) Except as provided in section 4, a prisoner shall not possess or have under his or her the prisoner's control any alcoholic liquor or controlled substance. A person who violates this subsection is guilty of a felony. The court shall sentence the person to imprisonment for not less than 5 years or more than life.
Sec. 5. (1) Except as otherwise provided in sections 2, 2a, and 3 or subsection (2), a person who violates this act is guilty of a felony punishable by imprisonment for not more than 5 years or a fine of not more than $1,000.00, or both.
(2) If a violation of section 3 involving a controlled substance constitutes the delivery, possession with intent to deliver, or possession of or other action involving a controlled substance that is punishable by imprisonment for more than 5 years under part 74 of the public health code, 1978 PA 368, MCL 333.7401 to 333.7461, the person shall must not be prosecuted under this act for that violation.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
