Bill Text: MI SB1123 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Crimes; animals; forfeiture of animals when owner is convicted of animal cruelty; require. Amends secs. 50 & 50b of 1931 PA 328 (MCL 750.50 & 750.50b).

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2010-02-09 - Referred To Committee On Judiciary [SB1123 Detail]

Download: Michigan-2009-SB1123-Introduced.html

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SENATE BILL No. 1123

 

 

February 9, 2010, Introduced by Senators KAHN, BASHAM and PAPPAGEORGE and referred to the Committee on Judiciary.

 

 

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending sections 50 and 50b (MCL 750.50 and 750.50b), section

 

50 as amended by 2007 PA 152 and section 50b as amended by 2008 PA

 

339.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     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 any 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 any ordinance of

 

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

 

     (e) "Licensed veterinarian" means a person licensed to

 

practice veterinary medicine under article 15 of the public health

 

code, 1978 PA 368, MCL 333.16101 to 333.18838.

 

     (f) "Livestock" means that term as defined in the animal

 

industry act, of 1987, 1988 PA 466, MCL 287.701 to 287.747 287.745.

 

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

 

liability company, corporation, association, governmental entity,

 

or other legal entity.

 

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

 

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

 

jeopardized.

 

     (i) "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

 

Sanitary conditions does not include any condition resulting from a

 

customary and reasonable practice pursuant to of farming or animal

 

husbandry.

 

     (j) "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 , is not

 

adequate unless it 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 shall 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.

 

     (k) "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.

 

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

 

use of a chain, rope, or similar device.

 

     (m) "Water" means potable water that is suitable for the age

 

and species of animal that is made regularly available unless

 

otherwise directed by a licensed veterinarian.

 

     (2) An owner, possessor, 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

 

transport an animal 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 or

 

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 subdivision if the owner

 

or custodian has made a reasonable effort to locate the animal.

 

     (f) Negligently allow any animal, including one who that 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.

 

     (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 in against an animal involved in

 

the pending action. 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 who did not have prior knowledge

 

of, or 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 shall be conducted within 14 days of the filing of the

 

civil action, or as soon as practicable. The hearing shall 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 shall 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 money 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) and (d),

 

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) and (d),

 

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 or the person

 

had 2 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 4 years.

 

     (ii) A fine of not more than $5,000.00.

 

     (iii) Community service for not more than 500 hours.

 

     (5) In addition to the penalties prescribed in subsection (4),

 

if a person who violates subsection (2) owns the animal that is the

 

subject of the violation and the animal has not already been

 

forfeited under subsection (3), the order of conviction shall

 

require the person to forfeit the animal to an animal control

 

shelter, animal protection shelter, or licensed veterinarian.

 

     (6) (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 shall be at the

 

defendant's own expense.

 

     (7) (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.

 

     (8) (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.

 

     (9) (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.

 

     (10) (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.

 

     (11) (10) A person who owns or possesses an animal in

 

violation of an order issued under subsection (9) (10) 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) (10) 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 by a fine of not more than $500.00, or both.

 

     (12) (11) 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) Activities authorized under rules promulgated under

 

section 9 of the executive organization act of 1965, 1965 PA 380,

 

MCL 16.109 the administrative procedures act of 1969, 1969 PA 306,

 

MCL 24.201 to 24.328.

 

     (h) Scientific research under 1969 PA 224, MCL 287.381 to

 

287.395.

 

     (i) Scientific research 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.

 

     (13) (12) 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.

 

     Sec. 50b. (1) As used in this section, "animal" means any a

 

vertebrate other than a human being.

 

     (2) Except as otherwise provided in this section, a person

 

shall not do any of the following without just cause:

 

     (a) Knowingly kill, torture, mutilate, maim, or disfigure an

 

animal.

 

     (b) Commit a reckless act knowing or having reason to know

 

that the act will cause an animal to be killed, tortured,

 

mutilated, maimed, or disfigured.

 

     (c) Knowingly administer poison to an animal, or knowingly

 

expose an animal to any poisonous substance, with the intent that

 

the substance be taken or swallowed by the animal.

 

     (3) A person who violates subsection (2) 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 more than $5,000.00 for a single animal and

 

$2,500.00 for each additional animal involved in the violation, but

 

not to exceed a total of $20,000.00.

 

     (c) Community service for not more than 500 hours.

 

     (4) In addition to the penalties prescribed under subsection

 

(2), if a person who violates this section owns the animal that is

 

the subject of the violation and the animal has not already been

 

forfeited under this act, the order of conviction shall require the

 

person to forfeit the animal to an animal control shelter, animal

 

protection shelter, or licensed veterinarian.

 

     (5) (4) As a part of the sentence for a violation of

 

subsection (2), the court may order the defendant to pay the costs

 

of the prosecution and the costs of the care, housing, and

 

veterinary medical care for the impacted animal victim, 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 reasons for that action.

 

     (6) (5) If a term of probation is ordered for a violation of

 

subsection (2), the court may include as a condition of that

 

probation that the defendant be evaluated to determine the need for

 

psychiatric or psychological counseling and, if determined

 

appropriate by the court, to receive psychiatric or psychological

 

counseling at his or her own expense.

 

     (7) (6) As a part of the sentence for a violation of

 

subsection (2), the court may order the defendant not to own or

 

possess an animal for any period of time determined by the court,

 

which may include permanent relinquishment.

 

     (8) (7) A person who owns or possesses an animal in violation

 

of an order issued under subsection (6) (7) 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 (6) (7) 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.

 

     (9) (8) This section does not prohibit the lawful killing of

 

livestock or a customary animal husbandry or farming practice

 

involving livestock. As used in this subsection, "livestock" means

 

that term as defined in section 5 of the animal industry act, 1988

 

PA 466, MCL 287.705.

 

     (10) (9) This section does not prohibit the lawful killing of

 

an animal pursuant to any of 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, and orders issued under that act.

 

     (c) 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.

 

     (d) Activities authorized under rules promulgated under

 

section 9 of the executive organization act of 1965, 1965 PA 380,

 

MCL 16.109 the administrative procedures act of 1969, 1969 PA 306,

 

MCL 24.201 to 24.328.

 

     (e) Section 19 of the dog law of 1919, 1919 PA 339, MCL

 

287.279.

 

     (11) (10) This section does not prohibit the lawful killing or

 

use of an animal for scientific research under any of the following

 

or a rule promulgated under any of the following:

 

     (a) 1969 PA 224, MCL 287.381 to 287.395.

 

     (b) Sections 2226, 2671, 2676, 7109, and 7333 of the public

 

health code, 1978 PA 368, MCL 333.2226, 333.2671, 333.2676,

 

333.7109, and 333.7333.

 

     (12) (11) 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.