REPEAL OF SWITCHBLADE PROHIBITION                                                           S.B. 245:

                                                                                                    SUMMARY OF BILL

                                                                                      REPORTED FROM COMMITTEE

 

 

 

 

 

 

 

 

 

Senate Bill 245 (as reported without amendment)

Sponsor:  Senator Rick Jones

Committee:  Judiciary

 


CONTENT

 

The bill would repeal a section of the Michigan Penal Code that prohibits knives commonly called switchblades, and delete references to that section.

 

Specifically, Section 226a prohibits a person from selling, offering for sale, or possessing a knife having the appearance of a pocket knife, the blade or blades of which can be opened by the flick of a button, pressure on a handle, or other mechanical contrivance. A violation is a misdemeanor punishable by up to one year's imprisonment and/or a maximum fine of $300. The prohibition does not apply to a one-armed person carrying such a knife in connection with his or her living requirements. The bill would repeal that section.

 

Under Section 231, certain provisions of the Code, including Section 226a, do not apply to particular individuals (generally law enforcement and corrections officers and military personnel).

 

Under Section 237a, an individual who engages in certain proscribed conduct, including that prohibited under Section 226a, in a weapon-free school zone is guilty of a misdemeanor punishable as specified in the Code.

 

The bill would delete the references to Section 226a in Sections 231 and 237a.

 

MCL 750.226a et al.                                                 Legislative Analyst:  Patrick Affholter

 

FISCAL IMPACT

 

The bill would have no fiscal impact on the State and could have a positive fiscal impact on local government to the extent that violations of Section 226a are currently prosecuted.  Any reduction in misdemeanor arrests and convictions could reduce resource demands on law enforcement, court systems, community supervision, and jails. Any associated decrease in fine revenue would reduce funding to public libraries.

 

Date Completed:  3-29-17                                                    Fiscal Analyst:  Ryan Bergan

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.