May 10, 2007, Introduced by Reps. Bieda and Condino and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 50b (MCL 750.50b), as amended by 1996 PA 80.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 50b. (1) As used in this section, "animal" means any
vertebrate other than a human being.
(2)
A Except as provided in
subsection (3), a person who
willfully, maliciously, and without just cause or excuse kills,
tortures, mutilates, maims, or disfigures an animal or who
willfully and maliciously and without just cause or excuse
administers poison to an animal, or exposes an animal to any
poisonous substance, other than a substance that is used for
therapeutic veterinary medical purposes, with the intent that the
substance be taken or swallowed by the animal, is guilty of a
felony, punishable by imprisonment for not more than 4 years, or by
a fine of not more than $5,000.00, or community service for not
more than 500 hours or any combination of these penalties.
(3) A person who violates subsection (2) in the course of or
as the means of perpetrating an act of domestic violence is guilty
of a felony punishable by imprisonment for not more than 6 years or
a fine of not more than $7,500.00, or both. As used in this
subsection, "domestic violence" means that term as defined in
section 1 of 1978 PA 389, MCL 400.1501.
(4) (3)
As a part of the sentence for a violation of
subsection (2) or (3), 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) (4)
If a term of probation is ordered for a violation of
subsection (2) or (3), the court may order, as a condition of
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) (5)
As a part of the sentence for a violation of
subsection (2) or (3), 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) (6)
A person who owns or possesses an animal in violation
of
an order issued under subsection (5) (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 (5) (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 by a fine of not more than $500.00, or both.
(8) (7)
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" has
the
meaning attributed to the term means
that term as defined in
the
animal industry act, of 1987, Act No. 466 of the Public Acts of
1988,
being sections 287.701 to 287.747 of the Michigan Compiled
Laws
1988 PA 466, MCL 287.701 to
287.745.
(9) (8)
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 pursuant
to
under part 401 (wildlife conservation) of the
natural resources
and
environmental protection act, Act No. 451 of the Public Acts of
1994,
being sections 324.40101 to 324.40119 of the Michigan
Compiled
Laws 1994 PA 451, MCL
324.40101 to 324.40120, and
orders
issued under that act.
(c)
Pest or rodent control regulated pursuant to under part
83
(pesticide
control) of Act No. 451 of the Public Acts of 1994,
being
sections 324.8301 to 324.8336 of the Michigan Compiled Laws
of the natural resources and environmental protection act, 1994 PA
451, MCL 324.8301 to 324.8336.
(d)
Activities authorized pursuant to under rules promulgated
under
section 9 of the executive organization act of 1965, Act No.
380
of the Public Acts of 1965, being section 16.109 of the
Michigan
Compiled Laws 1965 PA 380,
MCL 16.109.
(10) (9)
This section does not prohibit the lawful killing or
use
of an animal for scientific research pursuant to under any
of
the
following or a rule promulgated pursuant to under any
of the
following:
(a)
Act No. 224 of the Public Acts of 1969, being sections
287.381
to 287.395 of the Michigan Compiled Laws 1969 PA 224, MCL
287.381 to 287.395.
(b) Sections 2226, 2671, 2676, 7109, and 7333 of the public
health
code, Act No. 368 of the Public Acts of 1978, being sections
333.2226,
333.2671, 333.2676, 333.7109, and 333.7333 of the
Michigan
Compiled Laws 1978 PA 368,
MCL 333.2226, 333.2671,
333.2676, 333.7109, and 333.7333.
(11) A conviction or sentence under this section does not
preclude a conviction or sentence for a violation of any other law
of this state arising from the same transaction.