Bill Text: MI SB0316 | 2019-2020 | 100th Legislature | Introduced

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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).

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2019-11-12 - Referred To Committee Of The Whole With Substitute (s-1) [SB0316 Detail]

Download: Michigan-2019-SB0316-Introduced.html

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SENATE BILL No. 316

 

 

May 14, 2019, Introduced by Senators MACDONALD, WOJNO, LUCIDO and ANANICH 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 2018 PA 461 and section 50 as amended by 2018 PA 452.

 

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 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 who 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 an order of the court pursuant to issued under 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 shall 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

 

subdivision shall 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.

 

     (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 does 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 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 an ordinance of

 

the county, city, village, or township or state law.

 

     (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.

 

     (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.

 

     (g) "Livestock" means that term as defined in section 5 of the

 

animal industry act, 1988 PA 466, MCL 287.705.

 

     (h) "Person" means an individual, partnership, limited

 

liability company, corporation, association, governmental entity,

 

or other legal entity.

 

     (i) "Pet shop" means that term as defined in section 1 of 1969

 

PA 287, MCL 287.331.

 

     (j) "Neglect" means to fail to sufficiently and properly care

 

for an animal to the extent that the animal's health is

 

jeopardized.

 

     (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.

 

     (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.

 

     (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.

 

     (n) "Tethering" means the restraint and confinement of a dog

 

by use of a chain, rope, or similar device.

 

     (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) Knowingly provide an animal to another individual who

 

intends to abuse the animal.

 

     (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 must be 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.