Bill Text: MI HB4102 | 2019-2020 | 100th Legislature | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Crimes; animals; crimes involving dog fighting; include other thing of value in prohibition on profiting from dog fights. Amends sec. 49 of 1931 PA 328 (MCL 750.49).

Spectrum: Moderate Partisan Bill (Republican 4-1)

Status: (Passed) 2019-12-31 - Assigned Pa 176'19 [HB4102 Detail]

Download: Michigan-2019-HB4102-Engrossed.html

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HB-4102, As Passed House, April 9, 2019

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4102

 

 

January 29, 2019, Introduced by Reps. Marino, Farrington, Berman, LaFave and Wittenberg and referred to the Committee on Financial Services.

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending section 49 (MCL 750.49), as amended by 2018 PA 461.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 49. (1) As used in this section:

 

     (a) "Animal" means a vertebrate other than a human being.

 

     (b) "Animal control agency" means an animal control shelter,

 

an animal protection shelter, or a law enforcement agency. As used

 

in this subdivision, "animal control shelter" and "animal

 

protection shelter" mean those terms as defined in section 1 of

 

1969 PA 287, MCL 287.331.

 

     (2) A person shall not knowingly do any of the following:

 

     (a) Own, possess, use, buy, sell, offer to buy or sell,

 

import, or export an animal for fighting or baiting, or as a target

 

to be shot at as a test of skill in marksmanship.

 

     (b) Be a party to or cause the fighting, baiting, or shooting

 

of an animal as described in subdivision (a).

 

     (c) Rent or otherwise obtain the use of a building, shed,

 

room, yard, ground, premises, vehicle, or any other venue for

 

fighting, baiting, or shooting an animal as described in

 

subdivision (a).

 

     (d) Permit the use of a building, shed, room, yard, ground,

 

premises, vehicle, or any other venue belonging to him or her or

 

under his or her control for any of the purposes described in this

 

section.

 

     (e) Organize, promote, or collect money, property, or any

 

other thing of value for the fighting, baiting, or shooting of an

 

animal as described in subdivisions (a) to (d).

 

     (f) Be present at a building, shed, room, yard, ground,

 

premises, vehicle, or any other venue where preparations are being

 

made for an exhibition described in subdivisions (a) to (d), or be

 

present at the exhibition, knowing that an exhibition is taking

 

place or about to take place.

 

     (g) Breed, buy, sell, offer to buy or sell, exchange, import,

 

or export an animal the person knows has been trained or used for

 

fighting as described in subdivisions (a) to (d), or breed, buy,

 

sell, offer to buy or sell, exchange, import, or export the

 

offspring of an animal the person knows has been trained or used

 

for fighting as described in subdivisions (a) to (d). This

 

subdivision does not prohibit owning, breeding, buying, selling,

offering to buy or sell, exchanging, importing, or exporting an

 

animal for agricultural or agricultural exposition purposes. This

 

subdivision does not prohibit an animal control agency from owning,

 

adopting, or transferring ownership of an animal for the purpose of

 

adoption of an animal trained or used for fighting as described in

 

subdivisions (a) to (d) or an animal that is the first- or second-

 

generation offspring of an animal trained or used for fighting as

 

described in subdivisions (a) to (d). If an animal is found fit for

 

placement and is transferred or adopted, the animal control agency

 

that transfers or adopts the animal shall do all of the following:

 

     (i) Sterilize the animal or collect a good-faith deposit for

 

sterilization as required under section 8a of 1969 PA 287, MCL

 

287.338a.

 

     (ii) Provide a copy of the animal's history, including, but

 

not limited to, a description of why the animal was seized,

 

veterinary records, and a copy of subsections (8) to (14) to the

 

person to whom the animal is transferred or adopted.

 

     (h) Own, possess, use, buy, sell, offer to buy or sell,

 

transport, or deliver any device or equipment intended for use in

 

the fighting, baiting, or shooting of an animal as described in

 

subdivisions (a) to (d).

 

     (3) A person who violates subsection (2)(a) to (e) 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 less than $5,000.00 or more than $50,000.00.

 

     (c) Not less than 500 or more than 1,000 hours of community

 

service.

     (4) A person who violates subsection (2)(f) to (h) 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 less than $1,000.00 or more than $5,000.00.

 

     (c) Not less than 250 or more than 500 hours of community

 

service.

 

     (5) The court may order a person convicted of violating this

 

section to pay the costs of prosecution.

 

     (6) The court may order a person convicted of violating this

 

section to pay the costs for investigating the violation of this

 

section, disposition of the animal, and housing and caring for the

 

animal, including, but not limited to, providing veterinary medical

 

treatment. As used in this subsection, "disposition" includes the

 

transfer, euthanasia, or adoption of an animal.

 

     (7) As part of the sentence for a violation of subsection (2),

 

the court shall order the person convicted not to own or possess an

 

animal of the same species involved in the violation of this

 

section for 5 years after the date of sentencing. Failure to comply

 

with the order of the court pursuant to this subsection is

 

punishable as contempt of court.

 

     (8) If a person incites an animal trained or used for fighting

 

or an animal that is the first- or second-generation offspring of

 

an animal trained or used for fighting to attack a person and the

 

attack causes the death of that person, the owner is guilty of a

 

felony punishable by imprisonment for life or for a term of years

 

greater than 15 years.

 

     (9) If a person incites an animal trained or used for fighting

or an animal that is the first- or second-generation offspring of

 

an animal trained or used for fighting to attack a person, but the

 

attack does not result in the death of the person, the owner is

 

guilty of a felony punishable by imprisonment for not more than 4

 

years or a fine of not more than $2,000.00, or both.

 

     (10) If an animal trained or used for fighting or an animal

 

that is the first- or second-generation offspring of an animal

 

trained or used for fighting attacks a person without provocation

 

and causes the death of that person, the owner of the animal is

 

guilty of a felony punishable by imprisonment for not more than 15

 

years.

 

     (11) If an animal trained or used for fighting or an animal

 

that is the first- or second-generation offspring of an animal

 

trained or used for fighting attacks a person without provocation,

 

but the attack does not cause the death of the person, the owner is

 

guilty of a misdemeanor punishable by imprisonment for not more

 

than 1 year or a fine of not more than $1,000.00, or both.

 

     (12) Subsections (8) to (11) do not apply if the person

 

attacked was committing or attempting to commit an unlawful act on

 

the property of the owner of the animal.

 

     (13) If an animal trained or used for fighting or an animal

 

that is the first- or second-generation offspring of a dog trained

 

or used for fighting goes beyond the property limits of its owner

 

without being securely restrained, the owner is guilty of a

 

misdemeanor punishable by imprisonment for not more than 90 days or

 

a fine of not less than $50.00 nor more than $500.00, or both.

 

     (14) If an animal trained or used for fighting or an animal

that is the first- or second-generation offspring of a dog trained

 

or used for fighting is not securely enclosed or restrained on the

 

owner's property, the owner is guilty of a misdemeanor punishable

 

by imprisonment for not more than 90 days or a fine of not more

 

than $500.00, or both.

 

     (15) Subsections (8) to (14) do not apply to any of the

 

following:

 

     (a) A dog trained or used for fighting, or the first- or

 

second-generation offspring of a dog trained or used for fighting,

 

that is used by a law enforcement agency of this state or a county,

 

city, village, or township.

 

     (b) A certified leader dog recognized and trained by a

 

national guide dog association for the blind or for persons with

 

disabilities.

 

     (c) A corporation licensed under the private security business

 

and security alarm act, 1968 PA 330, MCL 338.1051 to 338.1092, when

 

a dog trained or used for fighting, or the first- or second-

 

generation offspring of a dog trained or used for fighting, is used

 

in accordance with the private security business and security alarm

 

act, 1968 PA 330, MCL 338.1051 to 338.1092.

 

     (16) Except as provided in subsection (20), an animal that has

 

been used to fight in violation of this section or that is involved

 

in a violation of subsections (8) to (14) must be confiscated by a

 

law enforcement officer and must not be returned to the owner,

 

trainer, or possessor of the animal. The animal must be taken to a

 

local animal control agency. If an animal owner, trainer, or

 

possessor is convicted of violating subsection (2) or subsections

(8) to (14), the court shall award the animal involved in the

 

violation to the animal control agency for evaluation and

 

disposition.

 

     (17) An animal control agency taking custody of an animal

 

under subsection (16) shall give notice within 72 hours after

 

seizure of the animal by registered mail to the last known address

 

of the animal's owner, if the owner of the animal is known. If the

 

owner of the animal is unknown, an animal control agency taking

 

custody of an animal under subsection (16) shall give notice within

 

72 hours after seizure of the animal by 1 of the following methods:

 

     (a) Posting at the location of the seizure.

 

     (b) Delivery to a person residing at the location of the

 

seizure.

 

     (c) Registered mail to the location of the seizure.

 

     (18) The notice required under subsection (17) must include

 

all of the following:

 

     (a) A description of each animal seized.

 

     (b) The time, date, location, and description of circumstances

 

under which the animal was seized.

 

     (c) The address and telephone number of the location where the

 

animal is being held and contact information for the individual

 

present at that location from whom security deposit or bond

 

information may be obtained.

 

     (d) A statement that the owner or possessor of the animal may

 

post a security deposit or bond that may prevent the forfeiture of

 

the animal for the duration of the criminal, forfeiture, or other

 

court proceeding until the court makes a final determination

regarding the animal's disposition, that failure to post a security

 

deposit or bond within 14 days after the date on the notice will

 

result in forfeiture of the animal, and that the owner or possessor

 

of the animal may, before the expiration of the 14-day period

 

described in this subdivision, request a hearing on whether the

 

requirement to post a security deposit or bond is justified or

 

whether the cost associated with the security deposit or bond is

 

fair and reasonable for the care of and provision for the seized

 

animal. Notice of a request for a hearing under this subsection

 

shall subdivision must be served on the animal control agency

 

holding the animal before the expiration of the 14-day period

 

described in this subsection. subdivision. At a hearing on whether

 

the requirement to post a security deposit or bond is justified,

 

the prosecuting attorney has the burden to establish by a

 

preponderance of the evidence that a violation of this section

 

occurred. If the court finds that the prosecuting attorney has met

 

its burden, the animal will be forfeited to the animal control

 

agency that seized the animal unless the owner or possessor of the

 

animal posts the required security deposit or bond. An owner or

 

possessor's failure to appear at a scheduled hearing requested

 

under this subdivision will result in automatic forfeiture of the

 

animal if the date of the scheduled hearing is more than 14 days

 

after the date on the notice described in this

 

subsection.subdivision.

 

     (e) A statement that the owner or possessor of the animal is

 

responsible for all costs described in subsection (6), unless the

 

court determines that the seizure of the animal was not

substantially justified by law.

 

     (19) An animal control agency that has custody of a seized

 

animal under subsection (16) shall hold the animal for a period of

 

14 consecutive days, including weekends and holidays, beginning on

 

the date notice was given under subsection (17). After the

 

expiration of the 14 days, if the owner or a possessor of the

 

animal has not posted a security deposit or bond as provided in

 

subsection (20), the animal is forfeited, and the animal control

 

agency may dispose of the animal by adoption, transfer to another

 

animal control agency, or humane euthanasia.

 

     (20) The owner or possessor of an animal seized under

 

subsection (16) may prevent forfeiture and disposition of the

 

animal by an animal control agency for the duration of the

 

criminal, forfeiture, or other court proceeding until the court

 

makes a final determination regarding the animal's disposition by

 

posting a security deposit or bond with the court within 14 days

 

after the date on the notice described in subsection (18). The bond

 

must be in a sufficient amount to secure payment of all costs

 

described in subsection (6) during a 30-day period of boarding and

 

veterinary treatment of the animal after examination by a licensed

 

veterinarian. The animal control agency shall determine the amount

 

of the bond no later than 72 hours after the seizure of the animal,

 

and shall make the amount of the bond available to the owner or

 

possessor of the animal upon request. The owner or possessor of the

 

animal shall provide proof of the security deposit or bond to the

 

animal control agency no later than 14 days after the date on the

 

notice described in subsection (18).

     (21) An animal control agency that is holding or requiring to

 

be held a seized animal as provided in this section may draw on a

 

security deposit or bond posted under subsection (20) or (22) to

 

cover the actual reasonable costs incurred in the seizure, care,

 

keeping, and disposition of the animal as described in subsection

 

(6) from the date of the seizure to the date of the official

 

disposition of the animal in the criminal action.

 

     (22) If a security deposit or bond has been posted under

 

subsection (20), and trial in the criminal action does not occur

 

within the initial 30-day bond period or is continued to a later

 

date, the owner or possessor shall post an additional security

 

deposit or bond in an amount determined sufficient to cover the

 

costs described in subsection (6) as anticipated to be incurred by

 

the animal control agency caring for the animal. The additional

 

security deposit or bond must be calculated in 30-day increments

 

and continue until the criminal action is resolved. If the owner or

 

possessor of the animal fails to post a new security deposit or

 

bond with the court before the previous security deposit or bond

 

expires, the animal is forfeited to the animal control agency

 

caring for the animal.

 

     (23) If the owner or possessor that posted a security deposit

 

or bond under subsection (20) or (22) is found not guilty in the

 

criminal action, the amount of the security deposit or bond posted

 

to prevent disposition of the animal may be returned to the owner

 

or possessor at the court's discretion, and, subject to subsections

 

(25) and (26), the animal must be returned to the owner.

 

     (24) If a security deposit or bond is posted by an owner or

possessor of an animal under subsection (20) or (22) and the court

 

determines that the animal is a dangerous animal or lacks any

 

useful purpose under subsection (26), the posting of the security

 

deposit or bond must not prevent disposition of the animal.

 

     (25) Upon receiving an animal seized under this section, or at

 

any time thereafter, an animal control agency may humanely

 

euthanize the animal or have the animal euthanized if, in the

 

opinion of a licensed veterinarian, the animal is injured or

 

diseased past recovery or the animal's continued existence is

 

inhumane so that euthanasia is necessary to relieve pain and

 

suffering. This subsection applies to an animal whether or not a

 

security deposit or bond has been posted under subsection (20) or

 

(22).

 

     (26) An animal control agency that receives an animal under

 

this section may apply to the district court or municipal court for

 

a hearing to determine whether the animal must be humanely

 

euthanized because of its lack of any useful purpose or the public

 

safety threat it poses. The court shall hold a hearing not more

 

than 30 days after the filing of the application and shall give

 

notice of the hearing to the owner of the animal. Upon a finding by

 

the court that the animal lacks any useful purpose or poses a

 

threat to public safety, the animal control agency shall humanely

 

euthanize the animal or have the animal euthanized. Expenses

 

incurred in connection with the housing, care, upkeep, or

 

euthanasia of the animal by an animal control agency, or by a

 

person, firm, partnership, corporation, or other entity, may, in

 

the court's discretion, be assessed against the owner of the

animal.

 

     (27) Subject to subsections (16), (25), and (26), all animals

 

being used or to be used in fighting, equipment, devices, and money

 

involved in a violation of subsection (2) must be forfeited to this

 

state. All other instrumentalities, proceeds, and substituted

 

proceeds of a violation of subsection (2) are subject to forfeiture

 

under chapter 47 of the revised judicature act of 1961, 1961 PA

 

236, MCL 600.4701 to 600.4710.

 

     (28) The seizing agency may deposit money seized under

 

subsection (27) into an interest-bearing account in a financial

 

institution. As used in this subsection, "financial institution"

 

means a state or nationally chartered bank or a state or federally

 

chartered savings and loan association, savings bank, or credit

 

union whose deposits are insured by an agency of the United States

 

government and that maintains a principal office or branch office

 

located in this state under the laws of this state or the United

 

States.

 

     (29) An attorney for a person who is charged with a violation

 

of subsection (2) involving or related to money seized under

 

subsection (27) must be afforded a period of 60 days within which

 

to examine that money. This 60-day period will begin to run after

 

notice of forfeiture is given but before the money is deposited

 

into a financial institution under subsection (28). If the attorney

 

general, prosecuting attorney, or city or township attorney fails

 

to sustain his or her burden of proof in forfeiture proceedings

 

under subsection (27), the court shall order the return of the

 

money, including any interest earned on money deposited into a

financial institution under subsection (28).

 

     (30) This section does not apply to conduct that is permitted

 

by and is in compliance with any of the following:

 

     (a) Part 401 of the natural resources and environmental

 

protection act, 1994 PA 451, MCL 324.40101 to 324.40120.

 

     (b) Part 435 of the natural resources and environmental

 

protection act, 1994 PA 451, MCL 324.43501 to 324.43561.

 

     (c) Part 427 of the natural resources and environmental

 

protection act, 1994 PA 451, MCL 324.42701 to 324.42714.

 

     (d) Part 417 of the natural resources and environmental

 

protection act, 1994 PA 451, MCL 324.41701 to 324.41712.

 

     (31) This section does not prohibit a person from being

 

charged with, convicted of, or punished for any other violation of

 

law that is committed by that person while violating this section.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.