THE
Act 328 of 1931, amended May 31, 2006
750.508 Equipping vehicle with radio able to receive signals on frequencies
assigned for police or certain other purposes; violation; penalties; radar
detectors not applicable.
Sec.
508.
(1) A person who has been
convicted of 1 or more felonies during the preceding 5 years shall not carry or
have in his or her possession a radio receiving set that will receive signals
sent on a frequency assigned by the Federal Communications Commission of the
United States for police or other law enforcement, fire fighting, emergency
medical, federal, state, or local corrections, or homeland security purposes.
This subsection does not apply to a person who is licensed as an amateur radio
operator by the Federal Communications Commission. A person who violates this
subsection is guilty of a misdemeanor punishable by imprisonment for not more
than 1 year or a fine of not more than $1,000.00, or both.
(2) A person shall not
carry or have in his or her possession in the commission or attempted
commission of a crime a radio receiving set that will receive signals sent on a
frequency assigned by the Federal Communications Commission of the United
States for police or other law enforcement, fire fighting, emergency medical,
federal, state, or local corrections, or homeland security purposes. A person
who violates this subsection is guilty of a crime as follows:
(a) If this subsection is
violated in the commission or attempted commission of a misdemeanor punishable
by a maximum term of imprisonment of at least 93 days but less than 1 year, the
person is guilty of a misdemeanor punishable by imprisonment for not more than
1 year or a fine of not more than $1,000.00, or both.
(b) If this subsection is
violated in the commission or attempted commission of a misdemeanor or felony
punishable by a maximum term of imprisonment of 1 year or more, the person is
guilty of a felony punishable by imprisonment for not more than 2 years or a
fine of not more than $2,000.00, or both.
(3) Subsection (2) does
not apply to a person who carries or has in his or her possession a radio
receiving set described in subsection (2) in the commission or attempted
commission of a misdemeanor punishable by a maximum term of imprisonment of
less than 93 days.
(4) This section does not
apply to the use of radar detectors.
History: 1931, Act 328, Eff. Sept. 18, 1931 ;-- Am. 1939, Act 295, Eff.
Sept. 29, 1939 ;-- CL 1948, 750.508 ;-- Am. 1957, Act 242, Eff. Sept. 27, 1957
;-- Am. 1990, Act 77, Imd. Eff. May 24, 1990 ;-- Am. 2002, Act 672, Eff. Mar.
31, 2003 ;-- Am. 2006, Act 39, Eff. May 31, 2006
Constitutionality: This section, which prohibits equipping or using a
vehicle with a radio receiving set capable of receiving frequencies assigned
for police purposes, was enacted to facilitate law enforcement activity. This
section's restriction of persons permitted to monitor those frequencies
involves classifications which are rationally related to the statute's
objective, consistent with equal protection and due process guarantees. People v. Gilbert, 414