SENATE BILL No. 1401

September 28, 2000, Introduced by Senators HOFFMAN, SCHUETTE, HAMMERSTROM, SIKKEMA and GOUGEON and referred to the Committee on Judiciary.

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 sub-

stances, weapons, and certain other items; the selling or fur-

nishing 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 pre-

scribe a penalty; and to repeal certain acts and parts of acts,"

by amending the title and sections 1, 3, and 5 (MCL 801.261,

801.263, and 801.265), section 1 as amended by 1985 PA 46 and

section 5 as amended by 1999 PA 28.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

1 TITLE

2 An act to prohibit without authorization the bringing into

3 jails and other specified areas any alcoholic liquor, controlled

4 substances, weapons, TOBACCO PRODUCTS, and certain other items;

5 the selling or furnishing to prisoners, and the improper disposal

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1 of any alcoholic liquor, controlled substances, weapons, TOBACCO

2 PRODUCTS, and certain other items; the possession or control by

3 prisoners of any alcoholic liquor, controlled substances, weap-

4 ons, TOBACCO PRODUCTS, and certain other items; to prescribe a

5 penalty; and to repeal certain acts and parts of acts.

6 Sec. 1. As used in this act:

7 (a) "Alcoholic liquor" means any spiritous, vinous, malt, or

8 fermented liquor, liquid, or compound whether or not medicated,

9 containing 1/2 of 1% or more of alcohol by volume and which is or

10 readily can be made suitable as a beverage.

11 (b) "Controlled substance" means a drug, substance, or imme-

12 diate precursor in schedules 1 to 5 of part 72 of Act No. 368 of

13 the Public Acts of 1978, as amended, being sections 333.7201 to

14 333.7231 of the Michigan Compiled Laws THE PUBLIC HEALTH CODE,

15 1978 PA 368, MCL 333.7201 TO 333.7231.

16 (c) "Jail" means a municipal or county jail, work-camp,

17 lockup, holding center, half-way house, community corrections

18 center, house of correction, or any other facility maintained by

19 a municipality or county which houses prisoners.

20 (d) "Prisoner" means a person incarcerated in a jail, or a

21 person committed to a jail for incarceration who is a participant

22 in a work release or vocational or educational study release

23 program.

24 (E) "TOBACCO PRODUCT" MEANS A PREPARATION OF TOBACCO TO BE

25 INHALED, CHEWED, OR PLACED IN A PERSON'S MOUTH.

26 Sec. 3. (1) Except as provided in section 4, a person shall

27 not bring into a jail, a building appurtenant to a jail, or the

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1 grounds used for jail purposes; sell or furnish to a prisoner; or

2 dispose of in a manner that allows a prisoner access to an alco-

3 holic liquor, or controlled substance, OR TOBACCO PRODUCT, any

4 alcoholic liquor, or controlled substance, OR TOBACCO PRODUCT.

5 (2) Except as provided in section 4, a prisoner shall not

6 possess or have under his or her control any alcoholic liquor,

7 or controlled substance, OR TOBACCO PRODUCT.

8 Sec. 5. (1) Except as provided in subsection SUBSECTIONS

9 (2) AND (3), a person who violates this act is guilty of a felony

10 punishable by imprisonment for not more than 5 years or a fine of

11 not more than $1,000.00, or both.

12 (2) A VIOLATION OF SECTION 3 INVOLVING A TOBACCO PRODUCT IS

13 A MISDEMEANOR PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 93

14 DAYS OR A FINE OF NOT MORE THAN $500.00, OR BOTH.

15 (3) (2) If a violation of section 3 involving a controlled

16 substance constitutes the delivery, possession with intent to

17 deliver, or possession of or other action involving a controlled

18 substance that is punishable by imprisonment for more than 5

19 years under part 74 of the public health code, 1978 PA 368, MCL

20 333.7401 to 333.7461, the person shall not be prosecuted under

21 this act for that violation.

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