ANIMAL CRUELTY: PSYCH. EVALUATION - S.B. 754 (S-3): FLOOR ANALYSIS

Senate Bill 754 (Substitute S-3 as reported)

Sponsor: Senator Bev Hammerstrom

Committee: Families, Mental Health and Human Services


CONTENT


The bill would amend the juvenile code to require that the family division of circuit court (family court) order a juvenile to be evaluated to determine the need for psychiatric or psychological counseling, and to receive psychiatric or psychological counseling if the court determined it appropriate for that juvenile, under certain circumstances. The bill would require evaluation and counseling, if appropriate, for a juvenile who was alleged to be within the jurisdiction of the family court for an offense that, if committed by an adult, would constitute the criminal offense of cruelty to animals (MCL 750.50b). The bill would not preclude the family court from entering any other order of disposition allowed under the juvenile code.


(The violation in question involves killing, torturing, mutilating, maiming, disfiguring, or poisoning an animal willfully, maliciously, and without just cause. It is a felony punishable by up to four years' imprisonment, a maximum fine of $5,000, up to 500 hours of community service, or any combination of those penalties.)


Proposed MCL 712a.18l - Legislative Analyst: P. Affholter


FISCAL IMPACT


The bill would have an indeterminate impact on the State and local units of government. Under MCL 750.50b, the court may order psychological or psychiatric counseling as a condition of probation at the defendant's expense. According to the Michigan Department of Corrections 1997 Statistical Report, there were 20 convictions under MCL 750.50b. Of those dispositions, 15 included probation. The number of juveniles under the jurisdiction of the family court for an offense that would be a violation of MCL 750.50b, if committed by an adult, cannot be determined.


Date Completed: 10-14-99 - Fiscal Analyst: B. BowermanFloor\sb754 - Bill Analysis @ http://www.state.mi.us/sfa

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.