Bill Text: MI SB0298 | 2015-2016 | 98th Legislature | Introduced
Bill Title: Crimes; animals; assault of or interference with a service animal and refusal by certain persons to allow entry of a person using or training a service animal; prohibit. Amends secs. 50a & 502c of 1931 PA 328 (MCL 750.50a & 750.502c). TIE BAR WITH: HB 4521'15, HB 4527'15, SB 0299'15
Spectrum: Slight Partisan Bill (Republican 27-11)
Status: (Passed) 2015-10-22 - Assigned Pa 0144'15 With Immediate Effect [SB0298 Detail]
Download: Michigan-2015-SB0298-Introduced.html
SENATE BILL No. 298
April 28, 2015, Introduced by Senators KNEZEK, JONES, BIEDA, HOOD, O'BRIEN, HERTEL, BRANDENBURG, SCHUITMAKER, HOPGOOD, SCHMIDT, EMMONS, KNOLLENBERG, PROOS, ANANICH, NOFS, HORN, YOUNG, WARREN, HILDENBRAND, ZORN, ROCCA, MARLEAU, ROBERTSON, BOOHER and GREGORY and referred to the Committee on Veterans, Military Affairs and Homeland Security.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending sections 50a and 502c (MCL 750.50a and 750.502c),
section 50a as added by 1994 PA 42 and section 502c as amended by
1998 PA 38.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 50a. (1) An individual shall not do either of the
following:
(a) Willfully and maliciously assault, beat, harass, injure,
or
attempt to assault, beat, harass, or injure a dog an animal that
he
or she knows or has reason to believe is a guide or leader dog
for
a blind individual, a hearing dog for a deaf or audibly
impaired
individual, or a service dog animal for
a physically
limited
individual.person with a disability.
(b) Willfully and maliciously impede or interfere with, or
attempt
to impede or interfere with, duties performed by a dog an
animal
that he or she knows or has reason to
believe is a guide or
leader
dog for a blind individual, a hearing dog for a deaf or
audibly
impaired individual, or a service dog
animal for a
physically
limited individual.person
with a disability.
(2) An individual who violates subsection (1) 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.
(3) In a prosecution for a violation of subsection (1),
evidence that the defendant initiated or continued conduct directed
toward
a dog an animal described in subsection (1) after being
requested to avoid or discontinue that conduct or similar conduct
by
a blind, deaf, audibly impaired, or physically limited
individual
person with a disability being served or assisted by the
dog
animal shall give rise to a rebuttable presumption that the
conduct was initiated or continued maliciously.
(4) A conviction and imposition of a sentence under this
section does not prevent a conviction and imposition of a sentence
under any other applicable provision of law.
(5) As used in this section:
(a)
"Audibly impaired" means the inability to hear air
conduction
thresholds at an average of 40 decibels or greater in
the
individual's better ear.
(b)
"Blind" means having a visual acuity of 20/200 or less in
the
individual's better eye with correction, or having a limitation
of
the individual's field of vision such that the widest diameter
of
the visual field subtends an angular distance not greater than
20
degrees.
(c)
"Deaf" means the individual's hearing is totally impaired
or
the individual's hearing, with or without amplification, is so
seriously
impaired that the primary means of receiving spoken
language
is through other sensory input, including, but not limited
to,
lip reading, sign language, finger spelling, or reading.
(a) (d)
"Harass" means to engage
in any conduct directed
toward
a guide, leader, hearing, or service dog an animal described
in subsection (1) that is likely to impede or interfere with the
dog's
animal's performance of its duties or that places the blind,
deaf,
audibly impaired, or physically limited individual person
with
a disability being served or assisted
by the dog animal in
danger of injury.
(b) (e)
"Injure" means to cause
any physical injury to a dog
an animal described in subsection (1).
(c) (f)
"Maliciously" means any
of the following:
(i) With intent to assault, beat, harass, or
injure a dog an
animal described in subsection (1).
(ii) With intent to impede or interfere with duties performed
by
a dog an animal described in subsection (1).
(iii) With intent to disturb, endanger, or cause emotional
distress
to a blind, deaf, audibly impaired, or physically limited
individual
person with a disability being served or assisted by a
dog
an animal described in subsection (1).
(iv) With knowledge that the individual's conduct will , or is
likely
to harass or injure a dog an
animal described in subsection
(1).
(v) With knowledge that the individual's conduct will , or is
likely
to impede or interfere with duties performed by a dog an
animal described in subsection (1).
(vi) With knowledge that the individual's conduct will , or is
likely to disturb, endanger, or cause emotional distress to a
blind,
deaf, audibly impaired, or physically limited individual
person
with a disability being served or
assisted by a dog an
animal described in subsection (1).
(g)
"Physically limited" means having limited ambulatory
abilities
and includes but is not limited to having a temporary or
permanent
impairment or condition that does 1 or more of the
following:
(i) Causes the individual to use a wheelchair or walk
with
difficulty
or insecurity.
(ii) Affects sight or hearing to the extent that an
individual
is
insecure or exposed to danger.
(iii) Causes faulty coordination.
(iv) Reduces mobility, flexibility, coordination, or
perceptiveness.
(d) "Person with a disability" means a person who satisfies
all of the following conditions:
(i) Has a physical or mental impairment that substantially
limits 1 or more major life activities.
(ii) Has a history or record of an impairment described in
subparagraph (i).
(iii) Is perceived by other persons as having an impairment
described in subparagraph (i).
(e) As used in subdivision (d), "person with a disability"
includes a veteran who has been diagnosed with 1 or more of the
following:
(i) Post-traumatic stress disorder.
(ii) Traumatic brain injury.
(iii) Other service-related disabilities.
(f) "Service animal" means a dog or a miniature horse that is
on a leash, harness, or other tether and under the control of its
handler that has been individually trained to do work or perform
tasks for the benefit of a person with a disability, including a
physical, sensory, psychiatric, intellectual, or other mental
disability.
(g) "Veteran" means any of the following:
(i) A person who performed military service in the armed
forces for a period of more than 90 days and separated from the
armed forces in a manner other than a dishonorable discharge.
(ii) A person discharged or released from military service
because of a service-related disability.
(iii) A member of a reserve branch of the armed forces at the
time he or she was ordered to military service during a period of
war, or in a campaign or expedition for which a campaign badge is
authorized, and was released from military service in a manner
other than a dishonorable discharge.
Sec. 502c. (1) A person who is an owner, lessee, proprietor,
manager, superintendent, agent, or employee of any place of public
or private housing, accommodation, amusement, or recreation,
including but not limited to any inn, hotel, motel, apartment
building, trailer park, restaurant, barbershop, billiard parlor,
store, public conveyance on land or water, theater, motion picture
house, public or private educational institution, or elevator, who
refuses
to permit a person with disabilities a disability to enter
or use the place when the place is available because the person
with
disabilities a disability is being led or accompanied by a
guide
or leader dog, hearing dog, or service
dog animal is guilty
of
a misdemeanor. if the guide or leader dog is wearing a harness
or
if the hearing dog or service dog is wearing a blaze orange
leash
and collar, hearing dog cape, or service dog backpack, and
the
person with disabilities being led or accompanied has in his or
her
possession a pictured identification card certifying that the
dog
was trained by a qualified organization or trainer. The
department
of labor shall maintain a list of organizations or
trainers
that train guide or leader dogs, hearing dogs, and service
dogs.
(2) A person who is an owner, lessee, proprietor, manager,
superintendent, agent, or employee of any place of public or
private housing, accommodation, amusement, or recreation,
including, but not limited to, the places listed in subsection (1),
who
refuses to permit a trainer of guide or leader dogs, hearing
dogs,
or a service dogs animal to enter or use the
place when the
place is available because the trainer is being led or accompanied
by
a guide or leader dog, hearing dog, or service dog animal is
guilty
of a misdemeanor. if the guide or leader dog is wearing a
harness
or if the hearing dog or service dog is wearing a hearing
dog
cape or service dog backpack, if the trainer is being led or
accompanied
by an adult dog for the purpose of training the dog,
and
if the trainer has in his or her possession picture
identification
and identification stating that he or she is a
representative
or employee of an organization or trainer, or is a
trainer,
included on the department of labor list of organizations
or
trainers that train guide or leader dogs, hearing dogs, or
service
dogs.
(3) As used in this section:
(a)
"Adult dog" means a domestic dog of the species canis
familiaris
that is 12 months of age or older.
(b)
"Audibly impaired" means audibly impaired as defined in
section
1 of 1981 PA 82, MCL 752.61.
(c)
"Blind person" means a blind person as defined in section
1
of 1978 PA 260, MCL 393.351.
(d)
"Deaf person" means a deaf person as defined in section 1
of
1981 PA 82, MCL 752.61.
(a) (e)
"Person with disabilities"
a disability" means a
person
who is audibly impaired, blind, deaf, or otherwise
physically
limited.satisfies all of the
following conditions:
(i) Has a physical or mental impairment that substantially
limits 1 or more major life activities.
(ii) Has a history or record of an impairment described in
subparagraph (i).
(iii) Is perceived by other persons as having an impairment
described in subparagraph (i).
(f)
"Physically limited" means physically limited as defined
in
section 1 of 1966 PA 1, MCL 125.1351.
(b) As used in subdivision (a), "person with a disability"
includes a veteran who has been diagnosed with 1 or more of the
following:
(i) Post-traumatic stress disorder.
(ii) Traumatic brain injury.
(iii) Other service-related disabilities.
(c) "Service animal" means a dog or a miniature horse that is
on a leash, harness, or other tether and under the control of its
handler that has been individually trained to do work or perform
tasks for the benefit of a person with a disability, including a
physical, sensory, psychiatric, intellectual, or other mental
disability.
(d) "Veteran" means any of the following:
(i) A person who performed military service in the armed
forces for a period of more than 90 days and separated from the
armed forces in a manner other than a dishonorable discharge.
(ii) A person discharged or released from military service
because of a service-related disability.
(iii) A member of a reserve branch of the armed forces at the
time he or she was ordered to military service during a period of
war, or in a campaign or expedition for which a campaign badge is
authorized, and was released from military service in a manner
other than a dishonorable discharge.
