BillCam

SENATE BILL No. 413

May 30, 2017, Introduced by Senators O'BRIEN, JONES, BIEDA, HERTEL, ROCCA, BRANDENBURG 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" means a

vertebrate other than a human being.

(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).

room, yard, ground, or premises 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 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 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.

(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:crime as

follows:

(a) Except as provided under subdivision (b), the person is

guilty of a felony punishable by 1 or more of the following:

(i) (a) Imprisonment for not more than 4 years.

(ii) (b) A fine of not less than $5,000.00 or more than

$50,000.00.

(iii) (c) Not less than 500 or more than 1,000 hours of

community service.

(b) If the person had 1 or more prior convictions under

subsection (2), the person is guilty of a felony and shall be

punished by imprisonment for not less than 18 months or more than 4

years and may be punished by 1 or more of the following:

(i) A fine of not less than $5,000.00 or more than $50,000.00.

(ii) 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:crime as

follows:

(a) Except as provided under subdivision (b), the person is

guilty of a felony punishable by 1 or more of the following:

(i) (a) Imprisonment for not more than 4 years.

(ii) (b) A fine of not less than $1,000.00 or more than

$5,000.00.

(iii) (c) Not less than 250 or more than 500 hours of

community service.

(b) If the person had 1 or more prior convictions under

subsection (2), the person is guilty of a felony and shall be

punished by imprisonment for not less than 9 months or more than 4

years and may be punished by 1 or more of the following:

(i) A fine of not less than $1,000.00 or more than $5,000.00.

(ii) 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 housing and caring for the animal,

including, but not limited to, providing veterinary medical

treatment.

(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 A person

who fails to comply with the order of the court pursuant to this

subsection is guilty of a misdemeanor punishable as contempt of

court.by imprisonment for not more than 1 year or a fine of not

less than $1,000.00 or more than $2,500.00. Each animal that a

person owns or possesses in violation of this subsection

constitutes a separate offense.

(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.

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 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 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 agency.

(17) Upon receiving an animal confiscated under this section,

or at any time thereafter, an appointed veterinarian, the humane

society, or other animal welfare agency may humanely euthanize the

animal if, in the opinion of that 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.

(18) A humane society or other animal welfare 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 agency shall

humanely euthanize the animal. Expenses incurred in connection with

the housing, care, upkeep, or euthanasia of the animal by a humane

society or other animal welfare agency, or by a person, firm,

partnership, corporation, or other entity, shall must be assessed

against the owner of the animal.

(19) Subject to subsections (16) to (18), 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.

(20) The seizing agency may deposit money seized under

subsection (19) 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.

(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 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). 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), the court shall order the return

of the money, including any interest earned on money deposited into

a financial institution under subsection (20).

(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.

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.

(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.