HOUSE BILL No. 5915

 

 

September 21, 2016, Introduced by Rep. Hoadley and referred to the Committee on Criminal Justice.

 

     A bill to amend 1988 PA 426, entitled

 

"An act to regulate dangerous animals; to provide for the

confinement, tattooing, or destruction of dangerous animals; and to

provide penalties for the owners or keepers of dangerous animals

that attack human beings,"

 

by amending sections 1, 2, and 3 (MCL 287.321, 287.322, and

 

287.323) and by adding sections 2a, 2b, 2c, 2d, 2e, 3a, and 3b.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. As used in this act:

 

     (a) "Animal control department" means an animal control

 

shelter as that term is defined in section 1 of 1969 PA 287, MCL

 

287.331.

 

     (b) "Attack" means the deliberate action of an animal, whether

 

or not in response to a command by its owner, to bite, seize with

 

its teeth, or pursue an individual or domestic animal with the

 

obvious intent to kill, wound, injure, or otherwise harm the

 


individual or domestic animal.

 

     (c) (a) "Dangerous animal" means a dog or other an animal

 

other than a dog that bites or attacks a person, or a dog that

 

bites or attacks and causes serious injury or death to another dog

 

while the other dog is on the property or under the control of its

 

owner. However, a dangerous an individual. Dangerous animal does

 

not include any of the following:

 

     (i) An animal that bites or attacks a person an individual who

 

is knowingly trespassing on the property of the animal's owner.

 

     (ii) An animal that bites or attacks a person an individual

 

who provokes or torments the animal.

 

     (iii) An animal that is responding in a manner that an

 

ordinary and reasonable person individual would conclude was

 

designed to protect a person an individual if that person

 

individual is engaged in a lawful activity or is the subject of an

 

assault.

 

     (iv) Livestock.

 

     (d) "Dangerous dog" means 1 or more of the following, subject

 

to subdivision (e):

 

     (i) A dog that has been determined to be a potentially

 

dangerous dog and whose owner has been given notice that the dog is

 

a potentially dangerous dog, if 1 or more of the following are

 

satisfied:

 

     (A) The dog bites, attacks, or threatens the safety of an

 

individual or a domestic animal.

 

     (B) The dog continues the behavior described in subdivision

 

(m).


     (C) The dog is maintained in violation of this act.

 

     (ii) A dog that kills or inflicts severe injury on an

 

individual without provocation.

 

     (iii) A dog that kills a domestic animal without provocation,

 

if the dog is not on its owner's real property.

 

     (iv) A dog that has been used or trained for dog fighting.

 

     (v) A dog that has committed at least 3 reported and

 

documented bites of an individual or domestic animal without

 

provocation.

 

     (e) "Dangerous dog" or "potentially dangerous dog" does not

 

include a dog that threatens, injures, or damages an individual,

 

animal, or property under 1 or more of the following circumstances:

 

     (i) The individual was committing a willful trespass or other

 

unlawful conduct upon the owner's real property.

 

     (ii) The individual was intentionally provoking, tormenting,

 

abusing, or assaulting the dog, its owner, or a family member of

 

the owner.

 

     (iii) The individual was committing or attempting to commit a

 

crime.

 

     (iv) The animal was attacking or menacing the dog and is a

 

domestic animal.

 

     (v) The animal was attacking or menacing the dog while on the

 

dog owner's real property.

 

     (vi) The dog was responding to pain or injury or protecting

 

its offspring.

 

     (vii) The dog was protecting or defending an individual within

 

the immediate vicinity of the dog from an attack or assault.


     (viii) The owner of the dog is a branch of the United States

 

military, a correctional facility, or a police agency, and the dog

 

was performing its duties as expected.

 

     (ix) The dog was working as a hunting dog, herding dog, or

 

predator control dog on the owner's real property or under the

 

control of its owner, and the injury or damage was to a species or

 

type of domestic animal appropriate to the work of the dog.

 

     (f) "Dog" means an animal within the canine family, whether

 

domesticated or wild.

 

     (g) "Domestic animal" means a dog, cat, poultry, livestock, or

 

any other animal that is commonly kept, bred, bought, or sold as a

 

pet.

 

     (h) "Impounded" means taken into the custody of the animal

 

control department where the potentially dangerous dog or dangerous

 

dog was found.

 

     (i) "Individual" means a human.

 

     (j) (b) "Livestock" means animals used for human food and

 

fiber or animals used for service to human beings. Livestock

 

includes, but is not limited to, cattle, swine, sheep, llamas,

 

goats, bison, equine, poultry, and rabbits. Livestock does not

 

include animals that are human companions, such as dogs and cats.

 

     (k) (c) "Owner" means a person who owns, or harbors, a dog or

 

other keeps, possesses, or has control or custody of an animal.

 

     (l) "Owner's real property" means real property owned or

 

leased by the owner of a dog. Owner's real property does not

 

include a public right-of-way or a common area of a condominium

 

complex, manufactured home park, apartment complex, or townhouse


development.

 

     (m) "Potentially dangerous dog" means 1 or more of the

 

following, subject to subdivision (e):

 

     (i) A dog that has a known propensity or disposition, as

 

indicated by sworn statements from at least 2 adults and an

 

investigation by an appropriate authority, to attack without

 

provocation, chase in a menacing fashion, or threaten the safety of

 

individuals or domestic animals.

 

     (ii) A dog that has inflicted severe injury upon a domestic

 

animal if the domestic animal was on or was chased by the dog from

 

the real property of the owner of the domestic animal or was under

 

control of its owner and if the dog inflicted the injury while on

 

property other than its owner's real property.

 

     (iii) A dog that bites an individual without provocation and

 

inflicts an injury other than a serious injury upon that

 

individual.

 

     (n) (d) "Provoke" means to perform a willful act or omission

 

that an ordinary and reasonable person individual would conclude is

 

likely to precipitate the bite or attack by an ordinary dog or

 

animal.

 

     (o) (e) "Serious injury" means permanent, serious

 

disfigurement, serious impairment of health, or serious impairment

 

of a bodily function of a person.an individual.

 

     (p) "Severe injury" means a physical injury that results in

 

broken bones, muscle tears, multiple bite wounds, or disfiguring

 

lacerations that require multiple surgeries or corrective or

 

cosmetic surgery.


     (q) (f) "Torment" means an act or omission that causes

 

unjustifiable pain, suffering, and distress to an animal, or causes

 

mental and emotional anguish in the animal as evidenced by its

 

altered behavior, for a purpose such as sadistic pleasure,

 

coercion, or punishment that an ordinary and reasonable person

 

individual would conclude is likely to precipitate the bite or

 

attack.

 

     (r) "Without provocation" means while the victim was

 

conducting himself or herself lawfully and peacefully.

 

     Sec. 2. (1) Upon a sworn complaint that an animal is a

 

dangerous animal and the animal has caused serious injury or death

 

to a person an individual or has caused serious injury or death to

 

a dog, a district court magistrate, district court, or a municipal

 

court shall issue a summons to the owner ordering him or her to

 

appear to show cause why the animal should not be destroyed.

 

     (2) Upon the filing of a sworn complaint as provided in

 

subsection (1), the court or magistrate shall order the owner to

 

immediately turn the animal over to a proper animal control

 

authority, an incorporated humane society, a licensed veterinarian,

 

or a boarding kennel, at the owner's option, to be retained by them

 

until a hearing is held and a decision is made for the disposition

 

of the animal. The owner shall notify the person who retains the

 

animal under this section of the complaint and order. The expense

 

of the boarding and retention of the animal is to be borne by the

 

owner. The animal shall not be returned to the owner until it has a

 

current rabies vaccination and a license as required by law.

 

     (3) After a hearing, the magistrate or court shall order the


destruction of the animal, at the expense of the owner, if the

 

animal is found to be a dangerous animal that caused serious injury

 

or death to a person an individual or a dog. After a hearing, the

 

court may order the destruction of the animal, at the expense of

 

the owner, if the court finds that the animal is a dangerous animal

 

that did not cause serious injury or death to a person an

 

individual but is likely in the future to cause serious injury or

 

death to a person an individual or in the past has been adjudicated

 

a dangerous animal.

 

     (4) If the court or magistrate finds that an animal is a

 

dangerous animal but has not caused serious injury or death to a

 

person, an individual, the court or magistrate shall notify the

 

animal control authority for the county in which the complaint was

 

filed of the finding of the court, the name of the owner of the

 

dangerous animal, and the address at which the animal was kept at

 

the time of the finding of the court. In addition, the court or

 

magistrate shall order the owner of that animal to do 1 or more of

 

the following:

 

     (a) If the animal that has been found to be a dangerous animal

 

is of the canis familiaris species, have an identification number

 

tattooed upon the animal, at the owner's expense, by or under the

 

supervision of a licensed veterinarian. The identification number

 

shall be assigned to the animal by the Michigan department of

 

agriculture and shall be noted in its records pursuant to Act No.

 

309 of the Public Acts of 1939, being sections 287.301 to 287.308

 

of the Michigan Compiled Laws. The identification number shall be

 

tattooed on the upper inner left rear thigh of the animal by means


of indelible or permanent ink.

 

     (a) (b) Take specific steps, such as escape proof fencing or

 

enclosure, including a top or roof, to ensure that the animal

 

cannot escape or nonauthorized individuals cannot enter the

 

premises.

 

     (b) (c) Have the animal sterilized.

 

     (c) (d) Obtain and maintain liability insurance coverage

 

sufficient to protect the public from any damage or harm caused by

 

the animal.

 

     (d) (e) Take any other action appropriate to protect the

 

public.

 

     (5) This section does not apply to a dog or the owner of a

 

dog.

 

     Sec. 2a. (1) Upon a sworn complaint that a dog is a

 

potentially dangerous dog or a dangerous dog, a district court

 

magistrate, district court, or municipal court shall issue a

 

summons to the owner ordering him or her to appear to show cause

 

why the dog should not be declared a potentially dangerous dog or a

 

dangerous dog under this act.

 

     (2) Upon the filing of a sworn complaint as provided in

 

subsection (1), the court or magistrate shall order that the animal

 

control department or law enforcement agency seize and impound the

 

dog until a hearing is held and a decision is made for the

 

disposition of the dog at the owner's expense if the dog poses an

 

immediate threat to public safety.

 

     (3) After a hearing, if the court determines that a dog is a

 

dangerous dog, the court may order the destruction of the dog if


the court finds that release of the dog from impoundment would pose

 

a significant threat to the public health, safety, or welfare.

 

     Sec. 2b. (1) If the court finds that a dog is a potentially

 

dangerous dog or a dangerous dog after a hearing under section 2a,

 

the court shall order the owner to do all of the following:

 

     (a) Have the dog sterilized if not already sterilized.

 

     (b) Have the dog vaccinated for rabies.

 

     (c) Obtain a license for the dog as provided in the dog law of

 

1919, 1919 PA 339, MCL 287.261 to 287.290.

 

     (d) No later than 30 days after the determination, give

 

written notice of the determination to the local branch of the

 

United States Post Office and all utility companies that provide

 

services to the owner's real property. The owner shall provide a

 

copy of each notice given under this section to the animal control

 

department.

 

     (e) Disclose the determination in writing to each provider of

 

service or treatment to the dog. As used in this subdivision,

 

"provider of service or treatment" includes, but is not limited to,

 

the following:

 

     (i) A veterinary health care worker.

 

     (ii) A dog groomer.

 

     (iii) A staff member of a humane society or other animal

 

welfare agency.

 

     (iv) A pet animal care facility worker.

 

     (v) A professional dog handler or trainer.

 

     (2) In addition to the requirements of subsection (1), if the

 

court finds that a dog is a potentially dangerous dog after a


hearing under section 2a, the court shall order the owner to do all

 

of the following:

 

     (a) While on the owner's real property, keep the dog indoors

 

or in a securely fenced yard from which the dog cannot escape and

 

into which children cannot trespass.

 

     (b) While outside the owner's real property, keep the dog

 

under the control of a responsible adult and restrained on a

 

substantial leash of no more than 6 feet long.

 

     (3) In addition to the requirements of subsection (1), if the

 

court finds that a dog is a dangerous dog after a hearing under

 

section 2a and does not order destruction of the dog, the court

 

shall order the owner to do all of the following:

 

     (a) Have the dog identified by an identification number

 

tattooed on the dog's upper inner left rear thigh by means of

 

indelible or permanent ink or by electronic implantation.

 

     (b) While on the owner's real property, keep the dog indoors

 

or in a securely enclosed and locked structure of a sufficient

 

height and design to prevent the dog's escape or direct contact

 

with or entry by children, adults, or other animals or dogs, and

 

that is designed to provide shelter from the elements.

 

     (c) While the dog is outside the owner's real property, the

 

owner shall do all of the following:

 

     (i) Ensure that the dog is wearing a muzzle that prevents the

 

dog from biting an individual, another dog, or an animal, but that

 

does not injure the dog or interfere with its breathing.

 

     (ii) Keep the dog under the control of a responsible adult.

 

     (iii) Restrain the dog on a substantial leash of no more than


6 feet long.

 

     (4) The court may prohibit the owner of a dog determined to be

 

a dangerous dog under section 2a from owning, possessing,

 

controlling, or having custody of an animal for a period of up to 3

 

years.

 

     Sec. 2c. (1) The owner of a dog that has been found to be a

 

potentially dangerous dog or a dangerous dog under section 2a shall

 

notify the animal control department if 1 or more of the following

 

occur:

 

     (a) The dog is loose or unconfined.

 

     (b) The dog bites an individual or attacks another animal.

 

     (c) The dog is sold, given away, or dies.

 

     (2) The owner of a dog that has been found to be a potentially

 

dangerous dog or a dangerous dog under section 2a shall notify the

 

animal control department having jurisdiction of his or her old

 

address and the animal control department having jurisdiction of

 

his or her new address within 10 days after moving to a new

 

address.

 

     (3) Except as otherwise provided in this subsection, the owner

 

of a dangerous dog shall not sell or otherwise transfer ownership

 

of the dog. The owner of a dangerous dog shall not relinquish the

 

dog to the animal control department except for the purpose of

 

euthanasia.

 

     Sec. 2d. (1) The animal control department shall maintain a

 

list of all dogs within the jurisdiction of the animal control

 

department that have been found to be potentially dangerous dogs

 

under section 2a.


     (2) The animal control department may remove a potentially

 

dangerous dog from the list maintained under subsection (1) if the

 

owner demonstrates to the satisfaction of the animal control

 

department that a change in circumstances or action taken by the

 

owner has mitigated the risk the dog poses to public safety.

 

     Sec. 2e. (1) No later than 10 days after the date a dog is

 

determined to be a dangerous dog under section 2a, the owner shall

 

obtain a dangerous dog registration certificate and a tag

 

identifying the dog as a dangerous dog from the animal control

 

department for a fee of not less than $100.00 to be determined by

 

the county board of commissioners for the county within which the

 

animal control department is located. A certificate or a renewal of

 

a certificate under this section shall only be issued to

 

individuals 18 years of age or older. The animal control department

 

shall only issue a certificate to an owner who presents

 

satisfactory evidence of all of the following:

 

     (a) That the dog has been vaccinated for rabies, sterilized,

 

and permanently identified as required by section 2b.

 

     (b) That the dog is confined in a proper enclosure or in the

 

owner's residence, or is muzzled and confined in the owner's

 

fenced-in yard until the owner constructs a proper enclosure.

 

     (c) That the owner has posted clearly visible signs on his or

 

her property warning people that a dangerous dog is on the

 

property.

 

     (d) That the owner has liability insurance coverage in the

 

amount of at least $100,000.00 that covers dog bites, or that the

 

owner has secured and maintained a surety bond in the amount of at


least $100,000.00.

 

     (2) The tag described in subsection (1) shall be of a uniform

 

design developed by the same entity that develops the dog licenses

 

for the animal control department issuing the tag, and shall

 

specify, in large letters, the phrase "dangerous dog".

 

     (3) The owner shall affix the tag described in subsection (1)

 

to the dog's collar and ensure that the dog wears the collar and

 

tag at all times.

 

     (4) A certificate obtained under subsection (1) shall be

 

renewed annually for a fee and in the same manner as the initial

 

certificate was obtained.

 

     (5) The animal control department shall provide a copy of each

 

dangerous dog registration certificate issued under this section

 

and a verification of compliance with subsection (1) to the state

 

veterinarian.

 

     Sec. 3. (1) The owner of an animal that meets the definition

 

of a dangerous animal in section 1(a) that causes the death of a

 

person an individual is guilty of involuntary manslaughter ,

 

punishable under section 321 of the Michigan penal code, Act No.

 

328 of the Public Acts of 1931, being section 750.321 of the

 

Michigan Compiled Laws. 1931 PA 328, MCL 750.321.

 

     (2) If an animal that meets the definition of a dangerous

 

animal in section 1(a) attacks a person an individual and causes

 

serious injury other than death, the owner of the animal is guilty

 

of a felony , punishable by imprisonment for not more than 4 years,

 

a fine of not less than $2,000.00, or community service work for

 

not less than 500 hours, or any combination of these penalties.


     (3) If an animal previously adjudicated to be a dangerous

 

animal attacks or bites a person an individual and causes an injury

 

that is not a serious injury, the owner of the animal is guilty of

 

a misdemeanor , punishable by imprisonment for not more than 90

 

days, a fine of not less than $250.00 nor or more than $500.00, or

 

community service work for not less than 240 hours, or any

 

combination of these penalties.

 

     (4) If the owner of an animal that is previously adjudicated

 

to be a dangerous animal allows the animal to run at large, the

 

owner is guilty of a misdemeanor , punishable by imprisonment for

 

not more than 90 days, a fine of not less than $250.00 nor or more

 

than $500.00, or community service work for not less than 240

 

hours, or any combination of these penalties.

 

     (5) The court may order a person convicted under this section

 

to pay the costs of the prosecution.

 

     (6) This section does not apply to a dog or the owner of a

 

dog.

 

     Sec. 3a. (1) If the owner of a potentially dangerous dog or a

 

dangerous dog fails to comply with any condition imposed by a court

 

under this act or violates this act, he or she is guilty of a

 

felony punishable by imprisonment for not more than 4 years, a fine

 

of not less than $2,000.00, or community service work for not less

 

than 500 hours, or any combination of these penalties.

 

     (2) If a potentially dangerous dog or a dangerous dog attacks

 

an individual after the dog has been declared a potentially

 

dangerous dog or dangerous dog, the owner shall surrender the dog

 

to the appropriate animal control department, which shall euthanize


the dog.

 

     Sec. 3b. The governing body of a local unit of government may

 

enact an ordinance regulating potentially dangerous dogs and

 

dangerous dogs that is substantially similar to sections 2a to 2e.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.