Bill Text: MI SB0377 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Criminal procedure; other; animal abuse offenders registry; create. Creates new act.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-05-22 - Referred To Committee On Judiciary [SB0377 Detail]
Download: Michigan-2013-SB0377-Introduced.html
SENATE BILL No. 377
May 22, 2013, Introduced by Senators BIEDA and JONES and referred to the Committee on Judiciary.
A bill to require individuals convicted of animal abuse
offenses to register; to provide for the powers and duties of
certain state and local governmental officers and entities; to
impose fees; to prescribe penalties and provide remedies; and to
require the promulgation of rules.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 1. This act shall be known and may be cited as the "state
of Michigan animal abuser registry law".
Sec. 2. As used in this act:
(a) "Animal" means that term as defined in section 49 of the
Michigan penal code, 1931 PA 328, MCL 750.49.
(b) "Animal abuse offense" means 1 or more of the following,
but does not include the lawful use of an animal to hunt or to
participate in field trials:
(i) A violation of section 49 of the Michigan penal code, 1931
PA 328, MCL 750.49.
(ii) A violation of section 50 of the Michigan penal code, 1931
PA 328, MCL 750.50.
(iii) A violation of section 50a of the Michigan penal code,
1931 PA 328, MCL 750.50a.
(iv) A violation of section 50b of the Michigan penal code,
1931 PA 328, MCL 750.50b.
(v) A violation of section 50c of the Michigan penal code,
1931 PA 328, MCL 750.50c.
(vi) A violation of section 158 of the Michigan penal code,
1931 PA 328, MCL 750.158, if the violation arose out of a crime
against nature with an animal.
(vii) Any other violation of a law of this state or a local
ordinance of a municipality that by its nature constitutes an
animal abuse offense.
(viii) An attempt or conspiracy to commit an offense described
in subparagraphs (i) to (vii).
(ix) An offense substantially similar to an offense described
in subparagraphs (i) to (viii) under a law of the United States, any
state, or any country or under tribal or military law.
(c) "Convicted" means that 1 of the following applies to the
individual:
(i) A judgment of conviction or a probation order was entered
against the individual in any court having jurisdiction over
criminal offenses, including, but not limited to, a tribal court or
a military court.
(ii) The individual was assigned to youthful trainee status
under sections 11 to 15 of chapter II of the code of criminal
procedure, 1927 PA 175, MCL 762.11 to 762.15, if the individual's
status of youthful trainee is revoked and an adjudication of guilt
is entered.
(d) "Department" means the department of state police.
(e) "Domicile" means a place where an individual has his or
her true, fixed, and permanent home to which he or she intends to
return whenever absent from the home. In order to be domiciled in
this state, an individual must be employed, with or without
compensation, reside, or be a student in this state for 1 of the
following time periods:
(i) Fourteen or more consecutive days during a calendar year.
(ii) Thirty or more total days during a calendar year.
(f) "Institution of higher education" means either of the
following:
(i) A public or private community college, college, or
university.
(ii) A public or private trade, vocational, or occupational
school.
(g) "Local law enforcement agency" means the police department
of a county or municipality.
(h) "Municipality" means a city, village, or township of this
state.
(i) "Neglect" means that term as defined in section 50 of the
Michigan penal code, 1931 PA 328, MCL 750.50.
(j) "Residence" means that place at which an individual
habitually sleeps, keeps his or her personal effects, and has a
regular place of lodging. If an individual has more than 1
residence, or if a wife has a residence separate from that of the
husband, the place at which the individual resides the greater part
of the time is his or her residence for purposes of this act. This
section shall not be construed to affect existing judicial
interpretation of the term residence.
(k) "Student" means an individual enrolled on a full- or part-
time basis in a public or private educational institution,
including, but not limited to, a secondary school, trade school,
professional institution, or institution of higher education.
Sec. 3. The following individuals shall register under this
act:
(a) An individual who is 18 years of age or older, resides in
this state, and is convicted of an animal abuse offense on or after
the effective date of this act.
(b) An individual from another state who is 18 years of age or
older, is domiciled in this state, and is convicted of an animal
abuse offense or registered for animal abuse under a comparable
statue of that state.
Sec. 4. (1) An individual required to register under section
3(a) shall register within 5 calendar days following his or her
release from incarceration or, if the individual was not
incarcerated for the animal abuse offense, within 5 calendar days
after sentencing.
(2) An individual required to register under section 3(b)
shall register within 21 calendar days after becoming domiciled in
this state.
(3) The prosecutor in a criminal proceeding for an animal
abuse offense shall notify an individual required to register under
section 3(a) of the requirements of subsection (1) upon the
conviction of that individual for an animal abuse offense.
Sec. 5. (1) Upon conviction of an individual for an animal
abuse offense, the prosecutor shall forward the name and address of
the individual and the name of the animal abuse offense of which
the individual was convicted to the department. The department
shall enter the individual's information into the computerized
database of registrations maintained under section 7.
(2) An individual required to register under this act shall
submit all of the following information to his or her local law
enforcement agency:
(a) The individual's name and any aliases he or she is known
under.
(b) The individual's residential address.
(c) A photograph of the individual's head and shoulders, taken
from the front.
(d) The individual's social security number.
(e) The individual's date of birth.
(f) The individual's fingerprints.
(3) The information submitted by an individual under
subsection (2) may be accessed by any state, local, or federal
agency as necessary.
(4) An individual required to register under this act shall
remain on the registry for 5 years from the date of his or her
release from incarceration or the date the individual was sentenced
for an animal abuse offense, whichever is later. A registered
individual who is convicted of a subsequent animal abuse offense
shall remain on the registry for 5 years from the date of his or
her most recent conviction.
(5) An individual registered under this act shall update his
or her registration information each time he or she moves from 1
residential address to another. An individual shall verify his or
her current residential address annually from the date of his or
her first registration.
(6) An individual registered under this act shall report to
his or her local law enforcement agency to verify his or her
residence within 5 calendar days after registration.
(7) An individual registered under this act shall maintain a
valid and current operator's license issued under the Michigan
vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or an official
state personal identification card issued under 1972 PA 222, MCL
28.291 to 28.300, with a current address. If an individual does not
possess a valid and current operator's license or official state
personal identification card with a current address, he or she
shall obtain a valid operator's license or official state personal
identification card within 14 calendar days of his or her
sentencing or release from incarceration, whichever is later.
(8) An individual registered under this act who is a
participant in a witness protection program is required to submit
only the name and identifying information reflecting his or her new
identity, and the registry and compilation database shall not
contain any information identifying the individual's prior identity
or address. The department shall request an individual registered
under this act who is a participant in a witness protection program
to provide his or her date of birth if it has not already been
provided, and the individual shall comply with that request within
10 calendar days.
(9) Registration paperwork shall be signed and dated by the
individual required to register and the registering agent.
Sec. 6. (1) An individual required to register under this act
shall pay an annual fee of $250.00 to the department of state
police. Of this fee, $150.00 shall be forwarded to the animal abuse
offenders registration fund created in subsection (2), $50.00 shall
be forwarded to the local court and law enforcement agency handling
the individual's case, and $50.00 shall be forwarded to the state
treasurer for deposit into the state general fund.
(2) The animal abuse offenders registration fund is created as
a separate fund in the department of treasury. Money credited to
the fund under subsection (1) shall only be used by the department
for training concerning, and the maintenance and automation of, the
databases, compilation, and information required under section 7.
Money in the animal abuse offenders registration fund at the close
of the fiscal year shall remain in the fund and shall not lapse to
the general fund.
Sec. 7. (1) The department shall maintain a statewide
computerized database of registrations and notices required under
this act.
(2) The statewide computerized database shall contain a
compilation of information concerning individuals, indexed by 1 of
the following:
(a) Name.
(b) Social security number.
(c) Date of birth.
(d) Zip code.
(3) An index compiled by the department under subsection (2)
shall contain the information described in section 5(2) for each
individual.
(4) The name, date of birth, and zip code of an individual
listed in the database described in subsection (1) shall be
accessible to the public.
(5) A written report, document, or photograph filed with the
department under this act is confidential and may be disclosed only
to the following:
(a) A legally mandated public or private animal protective
agency investigating a report of known or suspected animal abuse or
neglect, or a legally mandated public or private animal protective
agency or foster care agency prosecuting a disciplinary action
against its own employee regarding animal protective services or
foster records.
(b) A police or other law enforcement agency investigating a
report of known or suspected animal abuse or neglect.
(c) A veterinarian who is treating an animal whom the
veterinarian suspects may have been abused or neglected.
(d) A person legally authorized to place an animal in
protective custody when the person is confronted with an animal
that the person reasonably suspects may have been abused or
neglected, if the confidential record is necessary to determine
whether to place the animal in protective custody.
(e) A person, including a multidisciplinary case consultation
team, authorized to diagnose, care for, treat, or supervise an
animal that is the subject of a confidential record under this act,
or who is responsible for that animal's health or welfare.
(f) An individual named in a confidential record as a
perpetrator or alleged perpetrator of animal abuse or neglect.
(g) A court that determines the information is necessary to
decide an issue before that court.
(h) A grand jury that determines the information is necessary
to conduct the grand jury's official business.
(i) A lawyer guardian ad litem or other appointed attorney.
(j) An animal placing agency for the purpose of investigating
an applicant for adoption, a foster care applicant or licensee or
an employee of a foster care applicant or licensee, an adult member
of an applicant's or licensee's household, or any other individual
in a foster care or adoptive home who is directly responsible for
the care and welfare of animals, to determine the suitability of a
home for adoption or foster care. An animal placing agency shall
disclose information accessed under this subdivision to a foster
care applicant or licensee.
(k) A staff member of the criminal division of a district
court who is authorized by the court to investigate foster care
applicants and licensees, employees of foster care applicants and
licensees, adult members of a foster care applicant's or licensee's
household, or other individuals in a foster care applicant's or
licensee's home who are directly responsible for the care and
welfare of animals, for the purpose of determining the suitability
of the home for foster care. The court shall disclose information
accessed under this subdivision to the foster care applicant or
licensee.
(l) An animal care regulatory agency.
(6) An individual who is the subject of a report or record
made under this act may request the department to amend an
inaccurate report or record from the central registry and local
office file, or to expunge a report or record from the central
registry if no relevant or accurate evidence of abuse or neglect is
found to exist. A report or record that is filed in a local office
file is not subject to expunction unless the department authorizes
expunction, if expunction is considered by the department to be in
the best interest of an animal.
(7) If the department refuses a request for amendment or
expunction under subsection (6), or fails to act upon a request for
amendment or expunction within 30 days after receiving the request,
the department shall hold a hearing to determine by a preponderance
of the evidence whether the report or record, in whole or in part,
should be amended or expunged from the central registry on the
grounds that the report or record is not relevant or accurate
evidence of animal abuse or neglect. A hearing under this
subsection shall be held before a hearing officer appointed by the
department.
(8) If the investigation of a report conducted under this
section fails to disclose evidence of abuse or neglect, the
information identifying the subject of the report shall be expunged
from the central registry. If evidence of abuse or neglect exists,
the department shall maintain the information in the central
registry until the department receives reliable information that
the perpetrator of the abuse or neglect is deceased.
(9) If the conviction for the animal abuse offense that
required an individual to be registered under this act is set aside
under 1965 PA 213, MCL 780.621 to 780.624, the department shall
remove the individual from the registry immediately after
notification of the set-aside.
(10) In releasing information under this act, the department
shall not include a report compiled by a police agency or other law
enforcement agency related to an ongoing investigation of suspected
animal abuse or neglect. This subsection does not prevent the
department from releasing reports of convictions of crimes related
to animal abuse or neglect.
(11) If a court determines that public availability of
information regarding registered individuals under this act
violates the constitution of the United States or this state, the
department shall revise the compilation of information under this
act so that it does not contain that information. A violation of
this subsection is a misdemeanor punishable by imprisonment for not
more than 1 year or a fine of not more than $1,000.00, or both.
(12) A person who reveals a registration or report in
violation of this act is liable to the individual whose
registration or report is revealed for treble damages.
Sec. 8. (1) An individual required to register under this act
who willfully violates this act 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.
(2) An incorporated society for the prevention of cruelty to
animals, humane society, pound, animal shelter, or an authorized
agent of 1 of an incorporated society for the prevention of cruelty
to animals, humane society, pound, or animal shelter, who knowingly
sells or offers to sell an animal to an individual who is
registered under this act 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.
(3) The court shall revoke the probation of an individual
placed on probation who willfully violates this act.
(4) The parole board shall rescind the parole of an individual
released on parole who willfully violates this act.
(5) An incorporated society for the prevention of cruelty to
animals, humane society, pound, animal shelter, or an authorized
agent of 1 of an incorporated society for the prevention of cruelty
to animals, humane society, pound, or animal shelter, who fails to
determine whether an individual is registered under this act prior
to selling or offering to sell an animal to that individual shall
be given a written warning for failure to comply with this act.
(6) An incorporated society for the prevention of cruelty to
animals, humane society, pound, animal shelter, or an authorized
agent of 1 of an incorporated society for the prevention of cruelty
to animals, humane society, pound, or animal shelter, who violates
subsection (5) 2 or more times within 2 years shall pay a fine of
$250.00 for the second and each subsequent violation.
Sec. 9. The department shall promulgate rules and adopt
regulations for the administration of the Michigan animal abuse
registry and collection of fees.
Enacting section 1. This act takes effect 90 days after the
date it is enacted into law.
