Bill Text: MI SB0416 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Animals; animal shelters; adoption of certain seized animals used in fighting operations; allow, and make other revisions. Amends sec. 49 of 1931 PA 328 (MCL 750.49).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Passed) 2018-12-28 - Assigned Pa 0461'18 [SB0416 Detail]
Download: Michigan-2017-SB0416-Engrossed.html
SB-0416, As Passed Senate, June 12, 2018
SENATE BILL No. 416
May 31, 2017, Introduced by Senators ROCCA, JONES, CONYERS, BIEDA, HERTEL, O'BRIEN and KNOLLENBERG and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 49 (MCL 750.49), as amended by 2006 PA 129.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
49. (1) As used in this section: , "animal"
(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, or 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, or
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, or
premises, vehicle, or any other venue where preparations are being
made for an exhibition described in subdivisions (a) to (d), or be
present at the exhibition, knowing that an exhibition is taking
place or about to take place.
(g) Breed, buy, sell, offer to buy or sell, exchange, import,
or export an animal the person knows has been trained or used for
fighting as described in subdivisions (a) to (d), or breed, buy,
sell, offer to buy or sell, exchange, import, or export the
offspring of an animal the person knows has been trained or used
for fighting as described in subdivisions (a) to (d). This
subdivision does not prohibit owning, breeding, buying, selling,
offering to buy or sell, exchanging, importing, or exporting an
animal for agricultural or agricultural exposition purposes. This
subdivision does not prohibit an animal control agency from owning,
adopting, or transferring ownership of an animal for the purpose of
adoption of an animal trained or used for fighting as described in
subdivisions (a) to (d) or an animal that is the first- or second-
generation offspring of an animal trained or used for fighting as
described in subdivisions (a) to (d). If an animal is found fit for
placement and is transferred or adopted, the animal control agency
that transfers or adopts the animal shall do all of the following:
(i) Sterilize the animal or collect a good-faith deposit for
sterilization as required under section 8a of 1969 PA 287, MCL
287.338a.
(ii) Provide a copy of the animal's history, including, but
not limited to, a description of why the animal was seized,
veterinary records, and a copy of subsections (8) to (14) to the
person to whom the animal is transferred or adopted.
(h) Own, possess, use, buy, sell, offer to buy or sell,
transport, or deliver any device or equipment intended for use in
the fighting, baiting, or shooting of an animal as described in
subdivisions (a) to (d).
(3) A person who violates subsection (2)(a) to (e) is guilty
of a felony punishable by 1 or more of the following:
(a) Imprisonment for not more than 4 years.
(b) A fine of not less than $5,000.00 or more than $50,000.00.
(c) Not less than 500 or more than 1,000 hours of community
service.
(4) A person who violates subsection (2)(f) to (h) is guilty
of a felony punishable by 1 or more of the following:
(a) Imprisonment for not more than 4 years.
(b) A fine of not less than $1,000.00 or more than $5,000.00.
(c) Not less than 250 or more than 500 hours of community
service.
(5) The court may order a person convicted of violating this
section to pay the costs of prosecution.
(6) The court may order a person convicted of violating this
section to pay the costs for investigating the violation of this
section, disposition of the animal, and housing and caring for the
animal, including, but not limited to, providing veterinary medical
treatment. As used in this subsection, "disposition" includes the
transfer, euthanasia, or adoption of an animal.
(7) As part of the sentence for a violation of subsection (2),
the court shall order the person convicted not to own or possess an
animal of the same species involved in the violation of this
section for 5 years after the date of sentencing. Failure to comply
with the order of the court pursuant to this subsection is
punishable as contempt of court.
(8) If a person incites an animal trained or used for fighting
or
an animal that is the first first-
or second second-generation
offspring of an animal trained or used for fighting to attack a
person
and thereby 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 first-
or second 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 first- or second 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 first- or second 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 first- or second 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 first- or second 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 first- or
second
second-generation offspring of a dog trained or used for
fighting,
that is used by a law enforcement agency of the 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 338.1083,
338.1092,
when a dog trained or used for
fighting, or the first
first-
or second 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
338.1083.338.1092.
(16)
An 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) shall must be
confiscated
as contraband by a law enforcement officer and shall
must not be returned to the owner, trainer, or possessor of the
animal.
The animal shall must be taken to a local humane society or
other
animal welfare 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 local humane society or other animal
welfare
control agency
for evaluation and disposition.
(17) An animal control agency taking custody of an animal
under subsection (16) shall give notice within 72 hours after
seizure of the animal by registered mail to the last known address
of the animal's owner, if the owner of the animal is known. If the
owner of the animal is unknown, an animal control agency taking
custody of an animal under subsection (16) shall give notice within
72 hours after seizure of the animal by 1 of the following methods:
(a) Posting at the location of the seizure.
(b) Delivery to a person residing at the location of the
seizure.
(c) Registered mail to the location of the seizure.
(18) The notice required under subsection (17) must include
all of the following:
(a) A description of each animal seized.
(b) The time, date, location, and description of circumstances
under which the animal was seized.
(c) The address and telephone number of the location where the
animal is being held and contact information for the individual
present at that location from whom security deposit or bond
information may be obtained.
(d) A statement that the owner or possessor of the animal may
post a security deposit or bond that may prevent the forfeiture of
the animal for the duration of the criminal, forfeiture, or other
court proceeding until the court makes a final determination
regarding the animal's disposition, that failure to post a security
deposit or bond within 14 days after the date on the notice will
result in forfeiture of the animal, and that the owner or possessor
of the animal may, before the expiration of the 14-day period
described in this subdivision, request a hearing on whether the
requirement to post a security deposit or bond is justified or
whether the cost associated with the security deposit or bond is
fair and reasonable for the care of and provision for the seized
animal. Notice of a request for a hearing under this subsection
shall be served on the animal control agency holding the animal
before the expiration of the 14-day period described in this
subsection. 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 not prevent disposition of the animal.
(25) (17)
Upon receiving an animal confiscated
seized under
this
section, or at any time thereafter, an appointed veterinarian,
the
humane society, or other animal welfare
control agency may
humanely euthanize the animal or have the animal euthanized if, in
the
opinion of that a licensed
veterinarian, humane society, or
other
animal welfare agency, 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) (18)
A humane society or other animal welfare An animal
control
agency that receives an animal under
this section shall may
apply to the district court or municipal court for a hearing to
determine
whether the animal shall must
be humanely euthanized
because
of its lack of any useful purpose and 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 and or poses a threat to
public
safety, the humane society or other animal welfare 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 a humane society or other an
animal
welfare control agency, or by a person, firm, partnership,
corporation,
or other entity, shall may,
in the court's discretion,
be assessed against the owner of the animal.
(27) (19)
Subject to subsections (16), to
(18), (25), and
(26), all animals being used or to be used in fighting, equipment,
devices, and
money involved in a violation of subsection (2) shall
must
be forfeited to the 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
600.4709.600.4710.
(28) (20)
The seizing agency may deposit
money seized under
subsection
(19) (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) (21)
An attorney for a person who is
charged with a
violation of subsection (2) involving or related to money seized
under
subsection (19) shall (27)
must be afforded a period of 60
days
within which to examine that money. This 60-day period shall
will begin to run after notice of forfeiture is given but before
the money is deposited into a financial institution under
subsection
(20). (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 (19),
(27), the court shall order the return of the money, including any
interest earned on money deposited into a financial institution
under
subsection (20).(28).
(30) (22)
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 324.40119.324.40120.
(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) (23)
This section does not prohibit a
person from being
charged with, convicted of, or punished for any other violation of
law that is committed by that person while violating this section.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
