June 12, 2018, Introduced by Reps. Vaupel, Lauwers, Victory, Alexander, Howell, Wentworth and Calley and referred to the Committee on Agriculture.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending sections 50 and 50b (MCL 750.50 and 750.50b), section
50 as amended by 2007 PA 152 and section 50b as amended by 2008 PA
339.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 50. (1) As used in this section and section 50b:
(a) "Adequate care" means the provision of sufficient food,
water, shelter, sanitary conditions, exercise, and veterinary
medical attention in order to maintain an animal in a state of good
health.
(b) "Animal" means any vertebrate other than a human being.
(c) "Animal protection shelter" means a facility operated by a
person, humane society, society for the prevention of cruelty to
animals, or any other nonprofit organization, for the care of
homeless animals.
(d) "Animal control shelter" means a facility operated by a
county, city, village, or township to impound and care for animals
found in streets or otherwise at large contrary to any ordinance of
the county, city, village, or township or state law.
(e) "Licensed veterinarian" means a person licensed to
practice veterinary medicine under article 15 of the public health
code, 1978 PA 368, MCL 333.16101 to 333.18838.
(f) "Livestock" means that term as defined in the animal
industry
act of 1987, 1988 PA 466, MCL 287.701 to 287.747.287.745.
(g) "Person" means an individual, partnership, limited
liability company, corporation, association, governmental entity,
or other legal entity.
(h) "Neglect" means to fail to sufficiently and properly care
for an animal to the extent that the animal's health is
jeopardized.
(i) "Sanitary conditions" means space free from health hazards
including excessive animal waste, overcrowding of animals, or other
conditions that endanger the animal's health. This definition does
not include any condition resulting from a customary and reasonable
practice pursuant to farming or animal husbandry.
(j) "Shelter" means adequate protection from the elements and
weather conditions suitable for the age, species, and physical
condition of the animal so as to maintain the animal in a state of
good health. Shelter, for livestock, includes structures or natural
features such as trees or topography. Shelter, for a dog, includes
1 or more of the following:
(i) The residence of the dog's owner or other individual.
(ii) A doghouse that is an enclosed structure with a roof and
of appropriate dimensions for the breed and size of the dog. The
doghouse shall have dry bedding when the outdoor temperature is or
is predicted to drop below freezing.
(iii) A structure, including a garage, barn, or shed, that is
sufficiently insulated and ventilated to protect the dog from
exposure to extreme temperatures or, if not sufficiently insulated
and ventilated, contains a doghouse as provided under subparagraph
(ii) that is accessible to the dog.
(k) "State of good health" means freedom from disease and
illness, and in a condition of proper body weight and temperature
for the age and species of the animal, unless the animal is
undergoing appropriate treatment.
(l) "Tethering" means the restraint and confinement of a dog
by use of a chain, rope, or similar device.
(m) "Water" means potable water that is suitable for the age
and species of animal that is made regularly available unless
otherwise directed by a licensed veterinarian.
(2) An owner, possessor, or person having the charge or
custody of an animal shall not do any of the following:
(a) Fail to provide an animal with adequate care.
(b) Cruelly drive, work, or beat an animal, or cause an animal
to be cruelly driven, worked, or beaten.
(c) Carry or cause to be carried in or upon a vehicle or
otherwise any live animal having the feet or legs tied together,
other than an animal being transported for medical care, or a horse
whose feet are hobbled to protect the horse during transport or in
any other cruel and inhumane manner.
(d) Carry or cause to be carried a live animal in or upon a
vehicle or otherwise without providing a secure space, rack, car,
crate, or cage, in which livestock may stand, and in which all
other animals may stand, turn around, and lie down during
transportation, or while awaiting slaughter. As used in this
subdivision, for purposes of transportation of sled dogs, "stand"
means sufficient vertical distance to allow the animal to stand
without its shoulders touching the top of the crate or
transportation vehicle.
(e) Abandon an animal or cause an animal to be abandoned, in
any place, without making provisions for the animal's adequate
care, unless premises are vacated for the protection of human life
or the prevention of injury to a human. An animal that is lost by
an owner or custodian while traveling, walking, hiking, or hunting
is not abandoned under this section when the owner or custodian has
made a reasonable effort to locate the animal.
(f) Negligently allow any animal, including one who is aged,
diseased, maimed, hopelessly sick, disabled, or nonambulatory to
suffer unnecessary neglect, torture, or pain.
(g) Tether a dog unless the tether is at least 3 times the
length of the dog as measured from the tip of its nose to the base
of its tail and is attached to a harness or nonchoke collar
designed for tethering.
(3) If an animal is impounded and is being held by an animal
control shelter or its designee or an animal protection shelter or
its designee or a licensed veterinarian pending the outcome of a
criminal action charging a violation of this section or section
50b, before final disposition of the criminal charge, the
prosecuting attorney may file a civil action in the court that has
jurisdiction of the criminal action, requesting that the court
issue an order forfeiting the animal to the animal control shelter
or animal protection shelter or to a licensed veterinarian before
final disposition of the criminal charge. The prosecuting attorney
shall serve a true copy of the summons and complaint upon the
defendant and upon a person with a known ownership interest or
known security interest in the animal or a person who has filed a
lien with the secretary of state in an animal involved in the
pending action. The forfeiture of an animal under this section
encumbered by a security interest is subject to the interest of the
holder of the security interest who did not have prior knowledge
of, or consent to the commission of the crime. Upon the filing of
the civil action, the court shall set a hearing on the complaint.
The hearing shall be conducted within 14 days of the filing of the
civil action, or as soon as practicable. The hearing shall be
before a judge without a jury. At the hearing, the prosecuting
attorney has the burden of establishing by a preponderance of the
evidence that a violation of this section or section 50b occurred.
If the court finds that the prosecuting attorney has met this
burden, the court shall order immediate forfeiture of the animal to
the animal control shelter or animal protection shelter or the
licensed veterinarian unless the defendant, within 72 hours of the
hearing, submits to the court clerk cash or other form of security
in an amount determined by the court to be sufficient to repay all
reasonable costs incurred, and anticipated to be incurred, by the
animal control shelter or animal protection shelter or the licensed
veterinarian in caring for the animal from the date of initial
impoundment to the date of trial. If cash or other security has
been submitted, and the trial in the action is continued at a later
date, any order of continuance shall require the defendant to
submit additional cash or security in an amount determined by the
court to be sufficient to repay all additional reasonable costs
anticipated to be incurred by the animal control shelter or animal
protection shelter or the licensed veterinarian in caring for the
animal until the new date of trial. If the defendant submits cash
or other security to the court under this subsection the court may
enter an order authorizing the use of that money or other security
before final disposition of the criminal charges to pay the
reasonable costs incurred by the animal control shelter or animal
protection shelter or the licensed veterinarian in caring for the
animal from the date of impoundment to the date of final
disposition of the criminal charges. The testimony of a person at a
hearing held under this subsection is not admissible against him or
her in any criminal proceeding except in a criminal prosecution for
perjury. The testimony of a person at a hearing held under this
subsection does not waive the person's constitutional right against
self-incrimination. An animal seized under this section or section
50b is not subject to any other civil action pending the final
judgment of the forfeiture action under this subsection.
(4) A person who violates subsection (2) is guilty of a crime
as follows:
(a) Except as otherwise provided in subdivisions (c) and (d),
if the violation involved 1 animal, the person is guilty of a
misdemeanor punishable by 1 or more of the following and may be
ordered to pay the costs of prosecution:
(i) Imprisonment for not more than 93 days.
(ii) A fine of not more than $1,000.00.
(iii) Community service for not more than 200 hours.
(b) Except as otherwise provided in subdivisions (c) and (d),
if the violation involved 2 or 3 animals or the death of any
animal, the person is guilty of a misdemeanor punishable by 1 or
more of the following and may be ordered to pay the costs of
prosecution:
(i) Imprisonment for not more than 1 year.
(ii) A fine of not more than $2,000.00.
(iii) Community service for not more than 300 hours.
(c) If the violation involved 4 or more animals but fewer than
10 animals or the person had 1 prior conviction under subsection
(2), the person is guilty of a felony punishable by 1 or more of
the following and may be ordered to pay the costs of prosecution:
(i) Imprisonment for not more than 2 years.
(ii) A fine of not more than $2,000.00.
(iii) Community service for not more than 300 hours.
(d) If the violation involved 10 or more animals or the person
had 2 or more prior convictions for violating subsection (2), the
person is guilty of a felony punishable by 1 or more of the
following and may be ordered to pay the costs of prosecution:
(i) Imprisonment for not more than 4 years.
(ii) A fine of not more than $5,000.00.
(iii) Community service for not more than 500 hours.
(5) The court may order a person convicted of violating
subsection (2) to be evaluated to determine the need for
psychiatric or psychological counseling and, if determined
appropriate by the court, to receive psychiatric or psychological
counseling. The evaluation and counseling shall be at the
defendant's own expense.
(6) This section does not prohibit a person from being charged
with, convicted of, or punished for any other violation of law
arising out of the same transaction as the violation of this
section.
(7) The court may order a term of imprisonment imposed for a
violation of this section to be served consecutively to a term of
imprisonment imposed for any other crime including any other
violation of law arising out of the same transaction as the
violation of this section.
(8) As a part of the sentence for a violation of subsection
(2), the court may order the defendant to pay the costs of the
care, housing, and veterinary medical care for the animal, as
applicable. If the court does not order a defendant to pay all of
the applicable costs listed in this subsection, or orders only
partial payment of these costs, the court shall state on the record
the reason for that action.
(9) As a part of the sentence for a violation of subsection
(2), the court may, as a condition of probation, order the
defendant not to own or possess an animal for a period of time not
to exceed the period of probation. If a person is convicted of a
second or subsequent violation of subsection (2), the court may
order the defendant not to own or possess an animal for any period
of time, including permanent relinquishment of animal ownership.
(10) A person who owns or possesses an animal in violation of
an order issued under subsection (9) is subject to revocation of
probation if the order is issued as a condition of probation. A
person who owns or possesses an animal in violation of an order
issued under subsection (9) is also subject to the civil and
criminal contempt power of the court, and if found guilty of
criminal contempt, may be punished by imprisonment for not more
than 90 days, or by a fine of not more than $500.00, or both.
(11) This section does not prohibit the lawful killing or
other use of an animal, including the following:
(a) Fishing.
(b) Hunting, trapping, or wildlife control regulated under the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.101 to 324.90106.
(c) Horse racing.
(d) The operation of a zoological park or aquarium.
(e) Pest or rodent control regulated under part 83 of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.8301 to 324.8336.
(f) Farming or a generally accepted animal husbandry or
farming practice involving livestock.
(g) Activities authorized under rules promulgated under
section 9 of the executive organization act of 1965, 1965 PA 380,
MCL 16.109.
(h) Scientific research under 1969 PA 224, MCL 287.381 to
287.395.
(i) Scientific research under sections 2226, 2671, 2676, and
7333 of the public health code, 1978 PA 368, MCL 333.2226,
333.2671, 333.2676, and 333.7333.
(12) This section does not apply to a veterinarian or a
veterinary technician lawfully engaging in the practice of
veterinary medicine under part 188 of the public health code, 1978
PA 368, MCL 333.18801 to 333.18838.
Sec. 50b. (1) As used in this section, "animal" means any
vertebrate other than a human being.
(2) Except as otherwise provided in this section, a person
shall not do any of the following without just cause:
(a) Knowingly kill, torture, mutilate, maim, or disfigure an
animal.
(b) Commit a reckless act knowing or having reason to know
that the act will cause an animal to be killed, tortured,
mutilated, maimed, or disfigured.
(c) Knowingly administer poison to an animal, or knowingly
expose an animal to any poisonous substance, with the intent that
the substance be taken or swallowed by the animal.
(3) A person who violates subsection (2) is guilty of a felony
punishable by 1 or more of the following:
(a) Imprisonment for not more than 4 years.
(b) A fine of not more than $5,000.00 for a single animal and
$2,500.00 for each additional animal involved in the violation, but
not to exceed a total of $20,000.00.
(c) Community service for not more than 500 hours.
(4) As a part of the sentence for a violation of subsection
(2), the court may order the defendant to pay the costs of the
prosecution and the costs of the care, housing, and veterinary
medical care for the impacted animal victim, as applicable. If the
court does not order a defendant to pay all of the applicable costs
listed in this subsection, or orders only partial payment of these
costs, the court shall state on the record the reasons for that
action.
(5) If a term of probation is ordered for a violation of
subsection (2), the court may include as a condition of that
probation that the defendant be evaluated to determine the need for
psychiatric or psychological counseling and, if determined
appropriate by the court, to receive psychiatric or psychological
counseling at his or her own expense.
(6) As a part of the sentence for a violation of subsection
(2), the court may order the defendant not to own or possess an
animal for any period of time determined by the court, which may
include permanent relinquishment.
(7) A person who owns or possesses an animal in violation of
an order issued under subsection (6) is subject to revocation of
probation if the order is issued as a condition of probation. A
person who owns or possesses an animal in violation of an order
issued under subsection (6) is also subject to the civil and
criminal contempt power of the court and, if found guilty of
criminal contempt, may be punished by imprisonment for not more
than 90 days or a fine of not more than $500.00, or both.
(8) This section does not prohibit the lawful killing of
livestock or a customary animal husbandry or farming practice
involving livestock. As used in this subsection, "livestock" means
that
term as defined in section 5 3
of the animal industry act,
1988
PA 466, MCL 287.705.287.703.
(9) This section does not prohibit the lawful killing of an
animal pursuant to any of the following:
(a) Fishing.
(b) Hunting, trapping, or wildlife control regulated under the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.101 to 324.90106, and orders issued under that act.
(c) Pest or rodent control regulated under part 83 of the
natural resources and environmental protection act, 1994 PA 451,
MCL 324.8301 to 324.8336.
(d) Activities authorized under rules promulgated under
section 9 of the executive organization act of 1965, 1965 PA 380,
MCL 16.109.
(e) Section 19 of the dog law of 1919, 1919 PA 339, MCL
287.279.
(10) This section does not prohibit the lawful killing or use
of an animal for scientific research under any of the following or
a rule promulgated under any of the following:
(a) 1969 PA 224, MCL 287.381 to 287.395.
(b) Sections 2226, 2671, 2676, 7109, and 7333 of the public
health code, 1978 PA 368, MCL 333.2226, 333.2671, 333.2676,
333.7109, and 333.7333.
(11) This section does not apply to a veterinarian or a
veterinary technician lawfully engaging in the practice of
veterinary medicine under part 188 of the public health code, 1978
PA 368, MCL 333.18801 to 333.18838.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
Enacting section 2. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 6205 (request no.
04193'17) of the 99th Legislature is enacted into law.