BillCam

SENATE BILL No. 181

March 7, 2019, Introduced by Senators LAUWERS and DALEY and referred to the Committee on Agriculture.

A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

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

amended by 2018 PA 452.

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 a vertebrate other than a human being.

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 an ordinance of

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

(e) "Breeder" means a person that breeds animals other than

livestock or dogs for remuneration, or that is a large-scale dog

breeding kennel as that term is defined in section 1 of 1969 PA

287, MCL 287.331.

(f) "Licensed veterinarian" means a person licensed or

otherwise authorized to practice veterinary medicine under article

15 of the public health code, 1978 PA 368, MCL 333.16101 to

333.18838.

(g) "Livestock" means that term as defined in section 5 3 of

the animal industry act, 1988 PA 466, MCL 287.705.287.703.

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

liability company, corporation, association, governmental entity,

or other legal entity.

(i) "Pet shop" means that term as defined in section 1 of 1969

PA 287, MCL 287.331.

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

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

jeopardized.

(k) "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 does

not include any condition resulting from a customary and reasonable

practice pursuant to farming or animal husbandry.

(l) "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, 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 must 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.

(m) "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.

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

by use of a chain, rope, or similar device.

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

and species of animal and that is made regularly available unless

otherwise directed by a licensed veterinarian.

(2) An owner, possessor, breeder, operator of a pet shop, 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.

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 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 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 the owner or custodian has

made a reasonable effort to locate the animal.

(f) Negligently allow any animal, including one who 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. This subdivision does not apply if the

tethering of the dog occurs while the dog is being groomed,

trained, transported, or used in a hunt or event where a shorter

tether is necessary for the safety and well-being of the dog and

others.

(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 on the animal. 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 if

he or she did not have prior knowledge of or did not 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 must be

conducted within 14 days of the filing of the civil action, or as

soon as practicable. The hearing must 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 must

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 cash 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) to (f),

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) to (f),

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.

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 but fewer

than 25 animals or the person had 2 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.

(e) If the violation involved 25 or more animals or the person

has had 3 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 7 years.

(ii) A fine of not more than $10,000.00.

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

(f) If the person is a breeder, or if the person is an

operator of a pet shop and he or she has had 5 or more prior

convictions for violating 1969 PA 287, MCL 287.331 to 287.340, the

person is guilty of a felony punishable by imprisonment for not

more than 2 years or a fine of not more than $5,000.00, or both.

(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 must shall be at the

defendant's own expense.

(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.

(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.

(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.

(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.

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

an order issued under subsection (9) 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) 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.

(11) As part of the sentence imposed under subsection (4)(e),

the court may place the defendant on probation for any term of

years, but not less than 5 years.

(12) 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.

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

287.395.

(h) Scientific research or the lawful killing of an animal

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.

(i) The lawful killing or use of an animal under the animal

industry act, 1988 PA 466, MCL 287.701 to 287.746.287.745.

(13) 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:

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

(b) "Companion animal" means an animal that is commonly

considered to be, or is considered by its owner to be, a pet, or

that is a service animal as that term is defined in section 50a.

Companion animal includes, but is not limited to, dogs and cats.

(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.

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

the substance be taken or swallowed by the animal.

(d) Violate or threaten to violate subdivision (a) or (c) with

the intent to cause mental suffering or distress to a person or to

exert control over a person.

(3) If the animal is a companion animal and if a person

violates subsection (2)(d) and intentionally violates subsection

(2)(a) or (c), the person is guilty of killing or torturing animals

in the first degree.

(4) If the animal is a companion animal and a person violates

subsection (2)(d), or if a person intentionally violates subsection

(2)(a) or (c), the person is guilty of killing or torturing animals

in the second degree.

(5) Except as otherwise provided in subsections (3) and (4), a

person who violates subsection (2) is guilty of killing or

torturing animals in the third degree.

(6) Killing or torturing animals in the first degree is a

felony punishable by 1 or more of the following:

(a) Imprisonment for not more than 10 years.

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

(7) Killing or torturing animals in the second degree is a

felony punishable by 1 or more of the following:

(a) Imprisonment for not more than 7 years.

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

(8) Killing or torturing animals in the third degree is 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.

(9) 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.

(10) 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 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.

(11) 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.

(12) 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.

(13) A person who owns or possesses an animal in violation of

an order issued under subsection (12) 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 (12) 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.

(14) This section does not prohibit the lawful killing of

livestock or a customary animal husbandry or farming practice

involving livestock.

(15) 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.

natural resources and environmental protection act, 1994 PA 451,

MCL 324.8301 to 324.8336.

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

287.279.

(16) 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.

(17) 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.

(18) This section does not prohibit the lawful killing or use

of an animal under the animal industry act, 1988 PA 466, MCL

287.701 to 287.746.287.745.

Enacting section 1. This amendatory act takes effect 90 days

after the date it is enacted into law.

Enacting section 2. This amendatory act does not take effect

unless Senate Bill No. 174

of the 100th Legislature is enacted into law.