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HOUSE BILL NO. 5912
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.
April 29, 2026, Introduced by Reps. Johnsen, Hoadley, St. Germaine, Wozniak, Pavlov and Bruck
and referred to Committee on Judiciary.
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THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2. (1) Unless authorized by the chief administrator of 1
the jail, a person shall not do either of the following: 2
(a) Bring into a jail or a building appurtenant to a jail, or 3
onto the grounds used for jail purposes, for the use or benefit of 4
a prisoner, any a weapon or other item that may be used to injure a 5
prisoner or other person, or used to assist a prisoner in escaping 6
from jail. 7
(b) Sell or furnish to a prisoner, or dispose of in a manner 8
that allows a prisoner access to the weapon or other item, any a 9
weapon or other item which may be used to injure a prisoner or 10
other person, or used to assist a prisoner in escaping from jail. 11
(2) A person who violates subsection (1)(a) is guilty of a 12
felony punishable by imprisonment for life or any term of years but 13
not less than 5 years. 14
(3) (2) Unless authorized by the chief administrator of the 15
jail, a prisoner shall not possess or have under his or her the 16
prisoner's control any a weapon or other item that may be used to 17
injure a prisoner or other person, or used to assist a prisoner in 18
escaping from jail. A person who violates this subsection is guilty 19
of a felony punishable by imprisonment for life or any term of 20
years but not less than 15 years. 21
Sec. 2a. (1) A person shall not sell, give, or furnish, or aid 22
in the selling, giving, or furnishing of, a cellular telephone or 23
other wireless communication device to a prisoner in a jail or a 24
building appurtenant to a jail or on grounds used for jail 25
purposes, or dispose of a cellular telephone or other wireless 26
communication device in a jail or a building appurtenant to a jail 27
or on grounds used for jail purposes. 28
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(2) A prisoner shall not possess or use a cellular telephone 1
or other wireless communication device in a jail or a building 2
appurtenant to a jail or on grounds used for jail purposes except 3
as authorized by the person in charge of the jail. A person who 4
violates this subsection is guilty of a felony. The court shall 5
sentence the person to imprisonment for not less than 1 year or 6
more than 5 years. 7
(3) A cellular telephone or other wireless communication 8
device sold, given, furnished, possessed, or used in violation of 9
this section is subject to confiscation and disposal under this 10
section as contraband. If a cellular telephone or other wireless 11
communication device is confiscated under this section, and the 12
cellular telephone or other wireless device is serviceable but no 13
longer needed for purposes of a criminal prosecution under this 14
section, the cellular telephone or other wireless device shall must 15
be donated to a nonprofit organization that provides cellular 16
telephones and other wireless communication devices to military 17
personnel, or to any other charity approved by the warden of the 18
facility where the device was confiscated. 19
Sec. 3. (1) Except as provided in section 4, a person shall 20
not bring into a jail, a building appurtenant to a jail, or the 21
grounds used for jail purposes; sell or furnish to a prisoner; or 22
dispose of in a manner that allows a prisoner access to an 23
alcoholic liquor or controlled substance, any alcoholic liquor or a 24
controlled substance. A person who violates this subsection is 25
guilty of a felony punishable by imprisonment for life but not less 26
than 5 years. 27
(2) Except as provided in section 4, a prisoner shall not 28
possess or have under his or her the prisoner's control any 29
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alcoholic liquor or a controlled substance. A person who violates 1
this subsection is guilty of a felony punishable by imprisonment 2
for life but not less than 5 years. 3
Sec. 5. (1) Except as otherwise provided in sections 2, 2a, 4
and 3 or subsection (2), a person who violates this act is guilty 5
of a felony punishable by imprisonment for not more than 5 years or 6
a fine of not more than $1,000.00, or both. 7
(2) If a violation of section 3 involving a controlled 8
substance constitutes the delivery, possession with intent to 9
deliver, or possession of or other action involving a controlled 10
substance that is punishable by imprisonment for more than 5 years 11
under part 74 of the public health code, 1978 PA 368, MCL 333.7401 12
to 333.7461, the person shall must not be prosecuted under this act 13
for that violation. 14
Enacting section 1. This amendatory act takes effect 90 days 15
after the date it is enacted into law. 16