SENATE BILL NO. 154 January 27, 1999, Introduced by Senator ROGERS and referred to the Committee on Families, Mental Health and Human Services. A bill to prohibit the selling, giving, or furnishing of laser pointers or laser pen lights to minors; to prohibit the purchase or use of laser pointers or laser pen lights by minors; to regulate the retail sale of laser pointers or laser pen lights; to prescribe penalties; and to prescribe the powers and duties of certain state agencies and departments. THE PEOPLE OF THE STATE OF MICHIGAN ENACT: 1 Sec. 1. This act shall be known and may be cited as the 2 "youth laser pointer act". 3 Sec. 2. (1) A person shall not sell, give, or furnish a 4 laser pointer or laser pen light to a person under 18 years of 5 age. A person who violates this section is guilty of a misde- 6 meanor, punishable by a fine of not more than $50.00 for each 7 offense. 01303'99 DAM 2 1 (2) It is an affirmative defense to a charge pursuant to 2 subsection (1) that the defendant had in force at the time of 3 arrest and continues to have in force a written policy to prevent 4 the sale of laser pointers and laser pen lights to persons under 5 18 years of age, and that the defendant enforced and continues to 6 enforce the policy. A defendant who proposes to offer evidence 7 of the affirmative defense described in this subsection shall 8 file and serve notice of the defense, in writing, upon the court 9 and the prosecuting attorney. The notice shall be served not 10 less than 14 days before the date set for trial. 11 (3) A prosecuting attorney who proposes to offer testimony 12 to rebut the affirmative defense described in subsection (2) 13 shall file and serve a written notice of rebuttal upon the court 14 and the defendant. The notice shall be served not less than 7 15 days before the date set for trial and shall contain the name and 16 address of each rebuttal witness. 17 Sec. 3. (1) A person under 18 years of age shall not pur- 18 chase or attempt to purchase a laser pointer or laser pen light, 19 or receive or attempt to receive a laser pointer or laser pen 20 light, or possess or attempt to possess a laser pointer or laser 21 pen light in a public place, or use or attempt to use a laser 22 pointer or laser pen light in a public place, or direct or 23 attempt to direct the beam of a laser pointer or laser pen light 24 into a public place. 25 (2) A person who violates subsection (1) is guilty of a mis- 26 demeanor, punishable by a fine of not more than $50.00 for each 27 offense. 01303'99 3 1 (3) It is an affirmative defense to a charge pursuant to 2 subsection (1) of possession or use of a laser pointer or laser 3 pen light in a public place that the defendant possessed or used 4 the laser pointer or laser pen light in a public place solely for 5 valid instructional or occupational use. A defendant who pro- 6 poses to offer evidence of the affirmative defense described in 7 this subsection shall file and serve notice of the defense, in 8 writing, upon the court and the prosecuting attorney. The notice 9 shall be served not less than 14 days before the date set for 10 trial. 11 (4) A prosecuting attorney who proposes to offer testimony 12 to rebut the affirmative defense described in subsection (3) 13 shall file and serve a written notice of rebuttal upon the court 14 and the defendant. The notice shall be served not less than 7 15 days before the date set for trial and shall contain the name and 16 address of each rebuttal witness. 17 (5) For purposes of this section, "public place" means a 18 public street, sidewalk, park, property, building, structure, 19 facility, or place of business, including but not limited to 20 those owned, operated, or occupied by this state or a public 21 agency, college or university, school or school district, author- 22 ity, or other political subdivision in this state. 01303'99 Final page. DAM