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HOUSE BILL NO. 5913
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 sections 1, 3, 3a, and 5 (MCL 800.281, 800.283,
April 29, 2026, Introduced by Reps. Johnsen, Hoadley, St. Germaine, Wozniak, Pavlov and Bruck
and referred to Committee on Judiciary.
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800.283a, and 800.285), sections 1, 3, and 5 as amended by 1982 PA
343 and section 3a as amended by 2012 PA 255.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. (1) Except as provided in section 2, a person shall 1
not sell, give, or furnish, either directly or indirectly, any 2
alcoholic liquor, prescription drug, poison, or controlled 3
substance to a prisoner who is in or on a correctional facility or 4
dispose of that liquor, drug, poison, or controlled substance in 5
any manner that allows a prisoner or employee of the correctional 6
facility who is in or on a correctional facility access to it. A 7
person who violates this subsection is guilty of a felony. The 8
court shall sentence the person to imprisonment for 5 years. 9
(2) Except as provided in section 2, a person who knows or has 10
reason to know that another person is a prisoner shall not sell, 11
give, or furnish, either directly or indirectly, any alcoholic 12
liquor, prescription drug, poison, or controlled substance to that 13
prisoner anywhere outside of a correctional facility. 14
(3) Except as provided in section 2, a person shall not bring 15
any alcoholic liquor, prescription drug, poison, or controlled 16
substance into or onto a correctional facility. A person who 17
violates this subsection is guilty of a felony. The court shall 18
sentence the person to imprisonment for life or any term of years 19
but not less than 1 year. 20
(4) Except as provided in section 2, a prisoner shall not 21
possess any alcoholic liquor, prescription drug, poison, or 22
controlled substance. A prisoner who violates this subsection is 23
guilty of a felony. The court shall sentence the prisoner to 24
imprisonment for life or any term of years but not less than 5 25
years. 26
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Sec. 3. (1) Unless authorized by the chief administrator of 1
the correctional facility, a weapon or other implement which may be 2
used to injure a prisoner or other person, or in assisting a 3
prisoner to escape from imprisonment, shall must not be sold, 4
given, or furnished, either directly or indirectly, to a prisoner 5
who is in or on the correctional facility, or be disposed of in a 6
manner or in a place that it may be secured by a prisoner who is in 7
or on the correctional facility. 8
(2) Unless authorized by the chief administrator of the 9
correctional facility, a person, who knows or has reason to know 10
that another person is a prisoner, shall not sell, give, or 11
furnish, either directly or indirectly, to that prisoner anywhere 12
outside of a correctional facility a weapon or other implement 13
which may be used to injure a prisoner or other person or in 14
assisting a prisoner to escape from imprisonment. 15
(3) Unless authorized by the chief administrator of the 16
correctional facility, a weapon or other implement which may be 17
used to injure a prisoner or other person, or in assisting a 18
prisoner to escape from imprisonment, shall not be brought into or 19
onto any correctional facility. A person who violates this 20
subsection is guilty of a felony. The court shall sentence the 21
person to imprisonment for life or any term of years but not less 22
than 5 years. 23
(4) Unless authorized by the chief administrator of the 24
correctional facility, a prisoner shall not have in his or her the 25
prisoner's possession or under his or her the prisoner's control a 26
weapon or other implement which may be used to injure a prisoner or 27
other person, or to assist a prisoner to escape from imprisonment. 28
A person who violates this subsection is guilty of a felony. The 29
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court shall sentence the person to imprisonment for life or any 1
term of years but not less than 15 years. 2
Sec. 3a. (1) A person shall not sell, give, or furnish, or aid 3
in the selling, giving, or furnishing of, a cellular telephone or 4
other wireless communication device to a prisoner in a correctional 5
facility, or dispose of a cellular telephone or other wireless 6
communication device in or on the grounds of a correctional 7
facility. A person who violates this subsection is guilty of a 8
felony. The court shall sentence the person to imprisonment for not 9
less than 1 year or more than 5 years. 10
(2) A prisoner shall not possess or use a cellular telephone 11
or other wireless communication device in a correctional facility 12
or on the grounds of a correctional facility except as authorized 13
by the department of corrections. 14
(3) A cellular telephone or other wireless communication 15
device sold, given, furnished, possessed, or used in violation of 16
this section is subject to confiscation and disposal under this 17
section as contraband. If a cellular telephone or other wireless 18
communication device is confiscated under this section, and the 19
cellular telephone or other wireless device is serviceable but no 20
longer needed for purposes of a criminal prosecution under this 21
section, the cellular telephone or other wireless device shall must 22
be donated to a nonprofit organization that provides cellular 23
telephones and other wireless communication devices to military 24
personnel, or to any other charity approved by the warden of the 25
facility where the device was confiscated. 26
Sec. 5. (1) Except as otherwise provided in sections 1, 3, and 27
3a or subsection (2), a person violating this act is guilty of a 28
felony, punishable by a fine of not more than $1,000.00, or 29
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imprisonment for not more than 5 years or a fine of not more than 1
$1,000.00, or both. 2
(2) If the delivery of a controlled substance is a felony 3
punishable by imprisonment for more than 5 years under part 74 of 4
Act No. 368 of the Public Acts of 1978, being sections 333.7401 to 5
333.7415 of the Michigan Compiled Laws, the public health code, 6
1978 PA 368, MCL 333.7401 to 333.7461, a person who gives, sells, 7
or furnishes a controlled substance in violation of section 1 of 8
this act shall must not be prosecuted under this section for that 9
giving, selling, or furnishing. If the possession of a controlled 10
substance is a felony punishable by imprisonment for more than 5 11
years under part 74 of Act No. 368 of the Public Acts of 1978, the 12
public health code, 1978 PA 368, MCL 333.7401 to 333.7461, a person 13
who possesses, or brings into a correctional facility, a controlled 14
substance in violation of section 1 of this act shall must not be 15
prosecuted under this section for that possession. 16
Enacting section 1. This amendatory act takes effect 90 days 17
after the date it is enacted into law. 18