Bill Text: MI SB0050 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Crimes: animals; knowingly providing an animal to another individual who intends to abuse or mistreat the animal; prohibit. Amends secs. 49 & 50 of 1931 PA 328 (MCL 750.49 & 750.50). TIE BAR WITH: SB 0051'21
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2021-01-27 - Referred To Committee On Judiciary And Public Safety [SB0050 Detail]
Download: Michigan-2021-SB0050-Introduced.html
SENATE BILL NO. 50
January 27, 2021, Introduced by Senators
MACDONALD and WOJNO and referred to the Committee on Judiciary and Public
Safety.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending sections 49 and 50 (MCL 750.49 and 750.50), section 49 as amended by 2019 PA 176 and section 50 as amended by 2019 PA 135.
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).
(i) Provide an animal to another individual with knowledge
that the individual intends to use the animal for fighting 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) (i) 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 subdivision must be
served on the animal control agency holding the animal before the expiration of
the 14-day period described in this 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 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.
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 a vertebrate other than a human being.
(c) "Animal abuse offense" means that term as defined in section
1 of 1969 PA 287, MCL 287.331.
(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 an ordinance of the county, city, village, or township or state law.
(e) (d) "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.
(f) (e) "Breeder"
means a person that breeds animals other than livestock or dogs for
remuneration, or that is a large-scale dog breeding kennel as that term is
defined in section 1 of 1969 PA 287, MCL 287.331.
(g) (f) "Licensed
veterinarian" means a person licensed or otherwise authorized to practice
veterinary medicine under article 15 of the public health code, 1978 PA 368,
MCL 333.16101 to 333.18838.
(h) (g) "Livestock"
means that term as defined in section 3 of the animal industry act, 1988 PA
466, MCL 287.703.
(i) (h) "Neglect"
means to fail to sufficiently and properly care for an animal to the extent
that the animal's health is jeopardized.
(j) (i) "Person"
means an individual, partnership, limited liability company, corporation,
association, governmental entity, or other legal entity.
(k) (j) "Pet
shop" means that term as defined in section 1 of 1969 PA 287, MCL 287.331.
(l) (k) "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.
(m) (l) "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 must
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.
(n) (m) "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.
(o) (n) "Tethering"
means the restraint and confinement of a dog by use of a chain, rope, or
similar device.
(p) (o) "Water"
means potable water that is suitable for the age and species of animal and that
is made regularly available unless otherwise directed by a licensed
veterinarian.
(2) An owner, possessor,
breeder, operator of a pet shop, 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. This subdivision does not apply if the tethering
of the dog occurs while the dog is being groomed, trained, transported, or used
in a hunt or event where a shorter tether is necessary for the safety and
well-being of the dog and others.
(h) Make an agreement to provide an animal to an individual
for the purpose of animal abuse. An owner, possessor, breeder, operator of a
pet shop, or person having the charge or custody of an animal does not violate
this subdivision unless the individual receiving the animal is subsequently
convicted under this act for an animal abuse offense.
(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 on the animal. 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 if he or she did not have prior knowledge of or did not 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 must be conducted within 14 days of
the filing of the civil action, or as soon as practicable. The hearing must 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 must 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 cash 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) to (f), 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) to (f), 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 but fewer than 25 animals or the person had 2 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.
(e) If the violation
involved 25 or more animals or the person has had 3 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 7 years.
(ii) A fine of not more than $10,000.00.
(iii) Community service for not more than 500 hours.
(f) If the person is a
breeder, or if the person is an operator of a pet shop and he or she has had 5
or more prior convictions for violating 1969 PA 287, MCL 287.331 to 287.340,
the person is guilty of a felony punishable by imprisonment for not more than 2
years or a fine of not more than $5,000.00, or both.
(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 is 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 a fine of not more than $500.00,
or both.
(11) As part of the
sentence imposed under subsection (4)(e), the court may place the defendant on
probation for any term of years, but not less than 5 years.
(12) 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) Scientific research
under 1969 PA 224, MCL 287.381 to 287.395.
(h) Scientific research
or the lawful killing of an animal 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.
(i) The lawful killing
or use of an animal under the animal industry act, 1988 PA 466, MCL 287.701 to
287.746.
(13) 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 does not take effect unless Senate Bill No. 51 of the
101st Legislature is enacted into law.
