Bill Text: MI SB0710 | 2017-2018 | 99th Legislature | Introduced

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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 (Democrat 1-0)

Status: (Introduced - Dead) 2018-03-08 - Referred To Committee Of The Whole [SB0710 Detail]

Download: Michigan-2017-SB0710-Introduced.html

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SENATE BILL No. 710

 

 

December 5, 2017, Introduced by Senators KNEZEK, SCHMIDT and ROBERTSON 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 or in 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 the animal trained or used for fighting, baiting, or

 

shooting as described in subdivision (a).

 

     (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 or 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 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 or 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 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 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 338.1083.338.1092.

 

     (d) A dog trained or used for fighting that is owned or

 

possessed by an animal control agency or that has been transferred

 

from an animal control agency that owned or possessed the dog as

 

provided under this section.

 

     (16) An Except as provided in subsections (19), (21), and

 

(22), 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 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, if the

 

owner of the animal is unknown.

 

     (d) Registered mail to the last known address of the animal's

 

owner, if the owner of the animal is known.

 

     (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 to prevent the forfeiture of the

 

animal, 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

 

or at any time after posting the security deposit or bond under

 

subsection (21), request a hearing under subsection (19) to contest

 

the requirement to post a security deposit or bond, or the amount

 

of the security deposit or bond.

 

     (e) A statement that the owner or possessor of the animal is

 

responsible for all costs described in subsection (6) unless a

 

court determines, after a hearing under subsection (19), that the

seizure of the animal was not justified.

 

     (19) In a hearing to determine if the seizure of the animal is

 

justified, the prosecuting attorney has the burden to establish

 

that there is probable cause to believe a violation of this section

 

occurred, and by a preponderance of the evidence that the amount of

 

the security deposit or bond is fair and reasonable for the care of

 

and provision for the seized animal as determined under subsection

 

(21). The failure of the owner or possessor 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 required

 

under subsection (17). If the court finds that the prosecuting

 

attorney has met the burden required under this subsection, the

 

animal will be immediately forfeited to the animal control agency

 

caring for the animal at the time of the hearing unless the owner

 

or possessor of the animal posts the required security deposit or

 

bond under subsection (21). If the court finds that the prosecuting

 

attorney has not met the burden required under this subsection, the

 

court may order either of the following:

 

     (a) That the owner or possessor of the animal does not have to

 

post a security deposit or bond to prevent forfeiture of the animal

 

before the criminal action under this section is resolved.

 

     (b) That the owner or possessor of the animal must post a

 

security deposit or bond in an amount determined by the court to be

 

fair and reasonable for the care of and provision for the seized

 

animal as provided by subsection (21) until the criminal action

 

under this section is resolved. If the court orders a security

deposit or bond under this subdivision, the court shall order the

 

specific date by which, if the security deposit or bond is not

 

posted, the animal will be forfeited.

 

     (20) An animal control agency that has seized an 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 required under subsection (21)

 

or has not requested a hearing under subsection (19), the animal is

 

forfeited, and the animal control agency may dispose of the animal

 

by adoption, transfer to another animal control shelter or animal

 

protection shelter, or humane euthanasia. An animal control agency

 

that transfers an animal or disposes of an animal through adoption

 

as described in this subsection shall provide a copy of the

 

animal's history, including a description of why the animal was

 

seized, veterinary records, and behavioral assessments to the

 

person to whom the animal is transferred or adopted.

 

     (21) The owner or possessor of an animal seized under

 

subsection (16) may prevent forfeiture and disposition of the

 

animal by an animal control agency by posting a security deposit or

 

bond with the court within the 14-day period described in

 

subsection (20) or within the time period set by the court under

 

subsection (19)(b). The deposit or bond must be in a sufficient

 

amount to secure payment of all costs described in subsection (6)

 

for a 30-day period of housing, caring for, and obtaining

 

veterinary treatment of the animal after examination by a licensed

veterinarian. Subject to subsection (19), 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 to the animal

 

control agency of the posting of the security deposit or bond

 

within the 14-day period described in subsection (20) or within the

 

time period set by the court following a hearing under subsection

 

(19).

 

     (22) If a security deposit or bond has been posted under

 

subsection (21), and trial in the criminal action does not occur

 

within the initial 30-day bond period or is continued to a later

 

date, to prevent forfeiture of the animal before the criminal

 

action is resolved, the owner or possessor of the animal must post

 

an additional security deposit or bond in the amount previously

 

determined under subsection (19) or (21). If the owner or possessor

 

of the animal fails to post an additional security deposit or bond

 

under this subsection with the court before the previous 30-day

 

bond period expires, the animal is forfeited to the animal control

 

agency caring for the animal at that time.

 

     (23) An animal control agency that is holding or requiring to

 

be held a seized animal as provided in this section may, in 30-day

 

increments, draw on a security deposit or bond posted under

 

subsection (21) 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.

 

     (24) If the owner or possessor 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, except as provided in

 

subsections (26) and (27), the animal must be returned to the

 

owner.

 

     (25) If a security deposit or bond is posted by an owner or

 

possessor of an animal under this section and the court determines

 

that the animal poses a threat to public safety under subsection

 

(27), the posting of the security deposit or bond must not prevent

 

disposition of the animal. The amount of the security deposit or

 

bond posted to prevent disposition of the animal must be returned

 

to the owner or possessor, minus the reasonable costs incurred by

 

the animal control agency for the care and euthanasia of the animal

 

as described in subsection (6).

 

     (26) (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 this section.

 

     (27) (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 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 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.

 

     (28) (19) Subject to subsections (16), to (18), (26), and

 

(27), 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.

 

     (29) (20) The seizing agency may deposit money seized under

 

subsection (19) (28) 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.

 

     (30) (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 (28) must be afforded a period of 60

 

days within which to examine that money. This 60-day period shall

 

begin begins to run after notice of forfeiture is given but before

 

the money is deposited into a financial institution under

 

subsection (20). (29).

 

     (31) 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), (28), the court shall

 

order the return of the money, including any interest earned on

 

money deposited into a financial institution under subsection

 

(20).(29).

 

     (32) (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.

 

     (33) (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.