Bill Text: MI HB5657 | 2019-2020 | 100th Legislature | Engrossed
Bill Title: Crimes: other; reference to certain section of public health code in act prohibiting possession of certain items in prison; amend to reflect repeal. Amends sec. 5 of 1909 PA 17 (MCL 800.285). TIE BAR WITH: HB 5627'20
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2020-12-02 - Referred To Committee Of The Whole [HB5657 Detail]
Download: Michigan-2019-HB5657-Engrossed.html
HOUSE BILL NO. 5657
March 12, 2020, Introduced by Reps. Howell,
Elder, Alexander and Tate 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 5 (MCL 800.285), as amended by 1982 PA 343.
the people of the state of michigan enact:
Sec. 5. (1) Except as provided in subsection (2), a
person violating this act is guilty of a felony, punishable by a fine of not more than $1,000.00,
or imprisonment for not more than 5 years or fine of not more than $1,000.00, or both.
(2) If the delivery of a
controlled substance is a felony punishable by imprisonment for more than 5
years under part 74 of Act No. 368 of
the Public Acts of 1978, being sections 333.7401 to 333.7415 of the Michigan
Compiled Laws, the public health
code, 1978 PA 368, MCL 333.7401 to 333.7461, a person who gives,
sells, or furnishes a controlled substance in violation of section 1 of this
act shall must not be prosecuted under this section
for that giving, selling, or furnishing. If the possession of a controlled
substance is a felony punishable by imprisonment for more than 5 years under part
74 of Act No. 368 of the Public Acts of
1978, the public health
code, 1978 PA 368, MCL 333.7401 to 333.7461, a person who
possesses, or brings into a correctional facility, a controlled substance in
violation of section 1 of this act shall must not
be prosecuted under this section for that possession.
Enacting section 1. This amendatory act does not take effect unless Senate Bill No.____ or House Bill No. 5627 (request no. 06126'20) of the 100th Legislature is enacted into law.
