HOUSE BILL No. 6029

 

 

May 17, 2018, Introduced by Reps. Hammoud, Chang, Gay-Dagnogo, Geiss, Sneller, Wittenberg, Pagan, Ellison, Love, Sowerby, Yancey, Yanez, Green, Chirkun and Jones and referred to the Committee on Agriculture.

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

(MCL 750.1 to 750.568) by adding section 50d.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 50d. (1) In a criminal prosecution related to the

 

treatment of an animal under this chapter or a criminal prosecution

 

related to the welfare or custody of an animal under the law of

 

this state, the court may appoint, upon its own motion or upon the

 

motion of any party, an advocate to represent the interests of the

 

animal or the interests of justice. If a court orders the

 

appointment of an advocate under this section, the court shall

 

appoint the advocate from a list provided to the court, as

 

described in subsection (3), by an animal welfare clinic located in

 

this state. A decision by the court denying a request to appoint an

 

advocate under this section is not subject to appeal.

 

     (2) An advocate appointed by the court under subsection (1)

 

may do any of the following:

 

     (a) Monitor the case.

 

     (b) Consult an individual with information that may aid the

 

judge or fact finder and review records relating to the condition

 

of the animal and a defendant's actions, including, but not limited

 

to, records from an animal control officer, veterinarian, or police

 

officer.

 

     (c) Attend hearings.

 

     (d) Recommend and coordinate appropriate expert testimony if

 

necessary and appropriate.

 

     (e) Make recommendations relating to animal placement.

 

     (f) Prepare and present a victim impact statement on behalf of

 

the animal.

 

     (g) Present other information or recommendations to the court

 

that are related to a determination regarding the interests of the

 

animal or the interests of justice. The information and

 

recommendations permitted under this subdivision are limited to

 

information and recommendations that are relevant to the duties

 

undertaken under this subsection.

 

     (3) The list provided to the court under subsection (1) shall

 

include the following:

 

     (a) The names and contact information of attorneys licensed to

 

practice law in this state who have knowledge of the legal system

as it relates to animal issues.

 

     (b) The names and contact information of law schools located

 

in this state that have students, or anticipate having students,

 

with an interest in the legal system as it relates to animal

 

issues.

 

     (4) The attorneys and law students described in subsection (3)

 

are eligible to serve on a voluntary basis as an advocate under

 

this section. A law student who participates as an advocate under

 

this section is subject to the Michigan Rules of Professional

 

Conduct.

 

     (5) As used in this section:

 

     (a) "Animal" means a vertebrate other than a human.

 

     (b) "Animal welfare clinic" means a clinical program in animal

 

law or advocacy established by a law school or other institution of

 

higher education located in this state.

 

     (c) "Law school" means a law school accredited by the American

 

Bar Association located in this state.

 

     (d) "Institution of higher education" means a college,

 

university, community college, or junior college described in

 

section 4, 5, or 6 of article VIII of the state constitution of

 

1963 or established under section 7 of article VIII of the state

 

constitution of 1963.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.