September 5, 2018, Introduced by Senator JONES and referred to the Committee on Government Operations.
A bill to amend 1945 PA 327, entitled
"Aeronautics code of the state of Michigan,"
by amending section 80f (MCL 259.80f), as added by 2001 PA 225.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 80f. (1) An individual shall not possess, carry, or
attempt to possess or carry any of the following in a sterile area
of a commercial airport:
(a)
Firearm.A firearm.
(b)
Explosive.An explosive.
(c)
Knife A knife with a blade of any length.
(d)
Razor, A razor, box cutter, or item with a similar blade.
(e)
Dangerous A dangerous weapon.
(2) Except as provided in subsection (3), an individual who
violates subsection (1) 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.
(3) An individual who violates subsection (1) while doing any
of the following is guilty of a felony punishable by imprisonment
for not more than 10 years or a fine of not more than $10,000.00,
or both:
(a) Getting on or attempting to get on an aircraft.
(b) Placing, attempting to place, or attempting to have placed
on an aircraft an item listed in subsection (1).
(c) Committing or attempting to commit a felony.
(4) This section does not apply to any of the following:
(a) A peace officer of a duly authorized police agency of this
state, a political subdivision of this state, another state, a
political subdivision of another state, or the United States.
(b) An individual regularly employed by the department of
corrections and authorized in writing by the director of the
department of corrections to possess or carry an item listed in
subsection (1) during the performance of his or her duties or while
going to or returning from his or her duties.
(c)
A member of the United States army, air force, navy,
marine
corps, or coast guard Army,
Air Force, Navy, Marine Corps,
or Coast Guard while possessing or carrying an item listed in
subsection (1) in the line of duty.
(d)
A member of the national guard, armed forces reserves,
National Guard, United States Armed Forces Reserves, or other duly
authorized military organization while on duty or drill or while
possessing or carrying an item listed in subsection (1) for
purposes of that military organization.
(e) Security personnel employed to enforce federal regulations
for access to a sterile area.
(f) A court officer while engaged in his or her duties as a
court officer as authorized by a court.
(g) An airline or airport employee as authorized by his or her
employer.
(5) This section does not prohibit the individual from being
charged with, convicted of, or punished for any other violation of
law committed by that individual while violating this section.
(6) A term of imprisonment imposed under this section may be
served consecutively to any other term of imprisonment imposed for
a violation of law arising out of the same transaction.
(7) As used in this section:
(a) "Commercial airport" means an airport that has regularly
scheduled commercial flights to and from other destinations.
(b) "Felony" means that term as defined in section 1 of
chapter I of the code of criminal procedure, 1927 PA 175, MCL
761.1, or a violation of a law of the United States that is
designated as a felony or that is punishable by death or by
imprisonment for more than 1 year.
(c)
"Sterile area" means that term as defined in 14 C.F.R.
107.1.a portion of an airport that provides
passengers access to
boarding aircraft and to which that access generally is controlled
by the Transportation Security Administration of the United States
Department of Homeland Security, or by an aircraft operator or
foreign air carrier in accordance with the security measures
adopted by that aircraft operator or foreign air carrier, through
the screening of persons and property.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.