Michigan Votes

2005 House Bill 4544 (Enhanced penalty if police scanner used in crime )

Public Act 39 of 2006

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  • Introduced by Rep. Kevin A. Elsenheimer on March 23, 2005, to eliminate a requirement that a person must have a permit to operate a police radio “scanner” in a vehicle, and instead establish enhanced criminal penalties for a person who uses a scanner in the commission of a crime.
    • Referred to the House Judiciary Committee on March 23, 2005.
      • Reported in the House on April 27, 2005, with the recommendation that the substitute (H-2) be adopted and that the bill then pass.
    • Substitute offered in the House on May 5, 2005, to replace the previous version of the bill with one that revises details but does not change the substance of the bill as previously described. The substitute passed in the House by voice vote on May 5, 2005.
    • Amendment offered by Rep. Kevin A. Elsenheimer on May 17, 2005, to include explicit language banning even the possession of a scanner in the commission of a crime. The amendment passed in the House by voice vote on May 17, 2005.
  • Passed in the House (105 to 0) on May 17, 2005. [Vote Details and Comments]
  • Received in the Senate on May 18, 2005.
    • Referred to the Senate Judiciary Committee on May 18, 2005.
      • Reported in the Senate on February 8, 2006, with the recommendation that the substitute (S-1) be adopted and that the bill then pass.
    • Substitute offered in the Senate on February 9, 2006, to replace the previous version of the bill with one that prohibits a person who has been convicted of one or more felonies during the preceding five years from having a scanner in a vehicle. The substitute passed in the Senate by voice vote on February 9, 2006.
  • Passed in the Senate (37 to 0) on February 14, 2006, to prohibit a person who has been convicted of a felony in the past five years from carrying or possessing a scanner radio that receives frequencies reserved for law enforcement or emergency purposes, and prohibit a person from carrying or possessing such a radio while committing a crime. [Vote Details and Comments]
  • Received in the House on February 14, 2006.
  • Passed in the House (106 to 0) on February 15, 2006. [Vote Details and Comments]
  • Signed by Gov. Jennifer Granholm on March 2, 2006.

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Comments

Introduced by Rep. Kevin A. Elsenheimer on March 23, 2005. Passed in the House (105 to 0) on May 17, 2005. New Comment

1) Railfan [by Anonymous Citizen on June 15, 2006]
Has the scanner law amendment been put into law yet. I know the governor signed it on March 2 but I want to know if it is now acceptable to carry a scanner as a railfan without a state police authorized permit. I am not a felon and therefore do the new provisions do not apply to me. By the way, my wife talked to our local state police about this issue yesterday and they still think it is illegal.
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2) of course they do... [by Anonymous Citizen on June 15, 2006]
they hate the fact that their radio chatter is "public information going over the public airwaves".
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3) WJR Illegal use [by Anonymous Citizen on March 25, 2005]
Does this include an AM radio? I could get WJR that could use the Emergency Broadcast System. Does this count? I'd get an extra year and misdeanor charges for going 2 miles over the speed limit.

Why bother?
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4) Are you serious? [by Anonymous Citizen on November 6, 2005]
Are you serious? AM Radio has NOTHING to do with this law. Please, go read about the technology first, then comment.
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5) Speeding isn't a crime [by Anonymous Citizen on May 20, 2005]
It's a civil infraction. As such, you would not get the extra penalty. However, if you possessed a scanner while driving drunk, perhaps. It would be up to the prosecutor.
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