April 8, 2008, Introduced by Reps. Warren, Bieda, Meadows, Valentine, Rocca, Byrnes, Alma Smith, Bauer, Robert Jones, Kathleen Law, Accavitti and Condino and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 50 (MCL 750.50), as amended by 1998 PA 405.
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 and to minimize pain and suffering as determined by a
licensed veterinarian.
(b)
"Animal" means 1 or more vertebrates any vertebrate other
than a human being.
(c) "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 an ordinance of
the county, city, village, or township or state law.
(d) (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) "Hoard animals" means to possess a large number of 10 or
more animals if both of the following conditions are met:
(i) The animals' living conditions negatively impact their
health and well-being.
(ii) The possessor of the animals displays an inability to
recognize or understand the nature of, or has a reckless disregard
for, the harmful nature of the animals' living conditions and the
deleterious impact of those living conditions on the health and
well-being of the animals or human beings.
(f) (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.
(g) (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.
(h) (g)
"Person" means an
individual, partnership, limited
liability company, corporation, association, governmental entity,
or other legal entity.
(i) (h)
"Neglect" means to fail
to sufficiently and properly
care for an animal to the extent that the animal's life or health
is jeopardized or the animal dies.
(j) (i)
"Sanitary conditions"
means space free from health
hazards including excessive animal waste, overcrowding of animals,
or other conditions that endanger the animal's or a human being's
health.
This definition does Sanitary
conditions do not include a
condition resulting from a customary and reasonable practice
pursuant
to of farming or animal husbandry.
(k) (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 may include
protection provided by structures or natural features such as trees
or
topography. Shelter for a dog shall include is not adequate
unless it 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, but not limited to, 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.
(l) (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 veterinary medical treatment.
(m) (l) "Tethering" "Tether" means the restraint and
confinement
of a dog to restrain or
confine an animal by use of a
chain, rope, or similar device or the chain, rope, or similar
device used to restrain an animal.
(n) (m)
"Water" means potable
water that is suitable for the
age and species of animal, made regularly available unless
otherwise
directed by a licensed veterinarian. licensed to practice
veterinary
medicine.
(2) An owner, possessor, or person having the charge or
custody of an animal shall not do any of the following:
(a) Neglect the animal.
(b) Fail to provide the animal with adequate care. This
subdivision does not prohibit elective surgery performed by a
licensed veterinarian. It is not a defense to the crime of failing
to provide adequate care that the person complied with a notice of
violation.
(c) Abandon the animal or cause the animal to be abandoned in
any place without making reasonable provisions for the animal's
adequate care. An animal that is lost while traveling, walking,
hiking, or hunting shall not be regarded as abandoned under this
subdivision if a reasonable effort has been made to locate the
animal.
(d) Allow the animal to suffer unnecessary pain.
(3) (2)
An owner, possessor, or person having the charge or
custody
of an animal A person shall not do any of the following:
(a)
Fail to provide an animal with adequate care.
(a) (b)
Cruelly drive, work, or beat an animal , or cause an
animal to be cruelly driven, worked, or beaten.
(b) (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 transport an animal in any other cruel and inhumane manner.
(c) (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 , or other means of restraint so that the animal
cannot fall, jump, or be thrown from the vehicle; space in which
livestock
may stand, and in which all other animals the animal may
stand,
turn around, and lie down during transportation , or while
awaiting slaughter; and protection from the elements. 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 temporarily vacated for the protection of
human
life during a disaster. An animal that is lost by an owner or
custodian
while traveling, walking, hiking or hunting shall not be
regarded
as abandoned under this section when the owner or
custodian
has made a reasonable effort to locate the animal.
(f)
Willfully or negligently allow any animal, including one
who
is aged, diseased, maimed, hopelessly sick, disabled, or
nonambulatory
to suffer unnecessary neglect, torture, or pain.
(d) (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. has a minimum
length that is the greater of
3 times the distance from the tip of the dog's nose to the base of
its tail or 5 feet, is attached to a harness or nonchoke collar
designed for tethering, and has a swivel at both ends. The tether
shall not be used as a collar.
(e) Hoard animals. A person's affection for or humanitarian
purpose in acquiring the animals is not a defense to a violation of
this subdivision.
(4) (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 against
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.
(5) (4)
A person who violates subsection
(2) or (3) is guilty
of a misdemeanor punishable by imprisonment for not more than 93
days or a fine of not more than $1,000.00 or community service for
not more than 200 hours, or any combination of these penalties and
the cost of prosecution. A person who violates subsection (2) or
(3) on a second occasion is guilty of a felony punishable by
imprisonment for not more than 2 years or a fine of not more than
$2,000.00 or community service for not more than 300 hours, or any
combination of these penalties and the cost of prosecution. A
person who violates subsection (2) or (3) on a third or subsequent
occasion is guilty of a felony punishable by imprisonment for not
more than 4 years or a fine of not more than $5,000.00 or community
service for not more than 500 hours, or any combination of these
penalties and the cost of prosecution.
(6) (5)
If forfeiture is not ordered pursuant
to under
subsection
(3) (4), 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 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.
(7) (6)
As a part of the sentence for a
violation of
subsection (2) or (3), 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) or
(3), a court order under this subsection may order the defendant
not to own or possess an animal for any period of time, which may
include permanent relinquishment of animal ownership.
(8) (7)
A person who owns or possesses an
animal in violation
of
an order issued under subsection (6) (7) 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) (7) 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.
(9) (8)
This section does not prohibit the
lawful killing or
other use of an animal, including, but not limited to, the
following:
(a) Fishing.
(b)
Hunting, trapping, or wildlife control regulated pursuant
to
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.
(f) Farming or a generally accepted animal husbandry or
farming practice involving livestock.
(g)
Activities authorized pursuant to by rules promulgated
under
section 9 of the executive organization act of 1965, 1965 PA
380,
MCL 16.109 the administrative
procedures act of 1969, 1969 PA
306, MCL 24.201 to 24.328.
(h)
Scientific research pursuant to under
1969 PA 224, MCL
287.381 to 287.395.
(i)
Scientific research pursuant to 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.