Post by va3css on Jan 3, 2007 8:27:27 GMT -5
House Bill 4544 sponsored by Kevin Elsenheimer (primary), Rick Jones, Gary Newell, Mike Nofs, David Law and Joel Sheltrown, has passed the Michigan Legislature and was sent to Governor Granholm on February 21, 2006 for signature. The bill makes new provisions regarding possession of a scanner that will receive police frequencies in a motor vehicle and clarifies and amends sec.508 of 1931 PA 328 (MCL 750.508), the Michigan Scanner Law.
The new law supposedly will allow anyone (except a person convicted of a felony in the past 5-years) to possess a radio that will receive signals sent on a frequency assigned by the FCC for police or other law enforcement, fire fighting, emergency medical, federal, state, or local corrections, or homeland security purposes. If a felon simply possesses such a radio, it¹s a misdemeanor punishable by imprisonment up to one year and a fine of $1,000. Licensed Radio Amateurs are exempt from this provision. (Note that the law no longer just pertains to vehicles and a permit from the Michigan State Police is no longer required as before.)
The bill also would prohibit a person from carrying or possessing a radio described above, in the commission or attempted commission of a crime (Radio Amateurs included). If the underlying crime were a misdemeanor with a maximum term of imprisonment of at least 93 days, but less than one year, a violation (of the new law) would be a misdemeanor punishable by up to one year¹s imprisonment, a maximum fine of $1,000, or both. If the underlying crime were a misdemeanor or a felony with a maximum term of imprisonment of one year or more, a violation of the bill would be a felony punishable by up to two year¹s imprisonment, a maximum fine of $2,000, or both. The prohibition would not apply to the commission or attempted commission of a misdemeanor punishable by a maximum term of less than 93 days¹ imprisonment.
The bill does not apply to the use of radar detectors.
The new law supposedly will allow anyone (except a person convicted of a felony in the past 5-years) to possess a radio that will receive signals sent on a frequency assigned by the FCC for police or other law enforcement, fire fighting, emergency medical, federal, state, or local corrections, or homeland security purposes. If a felon simply possesses such a radio, it¹s a misdemeanor punishable by imprisonment up to one year and a fine of $1,000. Licensed Radio Amateurs are exempt from this provision. (Note that the law no longer just pertains to vehicles and a permit from the Michigan State Police is no longer required as before.)
The bill also would prohibit a person from carrying or possessing a radio described above, in the commission or attempted commission of a crime (Radio Amateurs included). If the underlying crime were a misdemeanor with a maximum term of imprisonment of at least 93 days, but less than one year, a violation (of the new law) would be a misdemeanor punishable by up to one year¹s imprisonment, a maximum fine of $1,000, or both. If the underlying crime were a misdemeanor or a felony with a maximum term of imprisonment of one year or more, a violation of the bill would be a felony punishable by up to two year¹s imprisonment, a maximum fine of $2,000, or both. The prohibition would not apply to the commission or attempted commission of a misdemeanor punishable by a maximum term of less than 93 days¹ imprisonment.
The bill does not apply to the use of radar detectors.
Michigan Law
