BillCam

SB-0416, As Passed House, December 20, 2018

SB-0416, As Passed Senate, June 12, 2018

SENATE BILL No. 416

May 31, 2017, Introduced by Senators ROCCA, JONES, CONYERS, BIEDA, HERTEL, O'BRIEN 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"

(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).

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 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 an animal trained or used for fighting as described in

subdivisions (a) to (d) or an animal that is the first- or second-

generation offspring of an animal trained or used for fighting as

described in subdivisions (a) to (d). If an animal is found fit for

placement and is transferred or adopted, the animal control agency

that transfers or adopts the animal shall do all of the following:

(i) Sterilize the animal or collect a good-faith deposit for

sterilization as required under section 8a of 1969 PA 287, MCL

287.338a.

(ii) Provide a copy of the animal's history, including, but

not limited to, a description of why the animal was seized,

veterinary records, and a copy of subsections (8) to (14) to the

person to whom the animal is transferred or adopted.

(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.

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.

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 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 Except as provided in subsection (20), 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 registered mail to the last known address

of the animal's owner, if the owner of the animal is known. If the

owner of the animal is unknown, 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.

(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.

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 that may prevent the forfeiture of

the animal for the duration of the criminal, forfeiture, or other

court proceeding until the court makes a final determination

regarding the animal's disposition, 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, request a hearing on whether the

requirement to post a security deposit or bond is justified or

whether the cost associated with the security deposit or bond is

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

animal. Notice of a request for a hearing under this subsection

shall be served on the animal control agency holding the animal

before the expiration of the 14-day period described in this

subsection. At a hearing on whether the requirement to post a

security deposit or bond is justified, the prosecuting attorney has

the burden to establish by a preponderance of the evidence that a

violation of this section occurred. If the court finds that the

prosecuting attorney has met its burden, the animal will be

forfeited to the animal control agency that seized the animal

unless the owner or possessor of the animal posts the required

security deposit or bond. An owner or possessor's failure 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 described

in this subsection.

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

responsible for all costs described in subsection (6), unless the

court determines that the seizure of the animal was not

substantially justified by law.

(19) An animal control agency that has custody of a seized

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 provided in

subsection (20), the animal is forfeited, and the animal control

agency may dispose of the animal by adoption, transfer to another

animal control agency, or humane euthanasia.

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

subsection (16) may prevent forfeiture and disposition of the

animal by an animal control agency for the duration of the

criminal, forfeiture, or other court proceeding until the court

makes a final determination regarding the animal's disposition by

posting a security deposit or bond with the court within 14 days

after the date on the notice described in subsection (18). The bond

must be in a sufficient amount to secure payment of all costs

described in subsection (6) during a 30-day period of boarding and

veterinary treatment of the animal after examination by a licensed

veterinarian. 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 of the security deposit or bond to the

animal control agency no later than 14 days after the date on the

notice described in subsection (18).

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

be held a seized animal as provided in this section may draw on a

security deposit or bond posted under subsection (20) 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.

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

subsection (20), and trial in the criminal action does not occur

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

date, the owner or possessor shall post an additional security

deposit or bond in an amount determined sufficient to cover the

costs described in subsection (6) as anticipated to be incurred by

the animal control agency caring for the animal. The additional

security deposit or bond must be calculated in 30-day increments

and continue until the criminal action is resolved. If the owner or

possessor of the animal fails to post a new security deposit or

bond with the court before the previous security deposit or bond

expires, the animal is forfeited to the animal control agency

caring for the animal.

(23) If the owner or possessor that posted a security deposit

or bond under subsection (20) or (22) 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, subject to subsections

(25) and (26), the animal must be returned to the owner.

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

possessor of an animal under subsection (20) or (22) and the court

determines that the animal is a dangerous animal or lacks any

useful purpose under subsection (26), the posting of the security

deposit or bond must not prevent disposition of the animal.

(25) (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 subsection (20) or (22).

(26) (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 or 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 or 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.

(27) (19) Subject to subsections (16), to (18), (25), and

(26), 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.

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

subsection (19) (27) 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.

(29) (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 (27) must be afforded a period of 60

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

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

the money is deposited into a financial institution under

subsection (20). (28). 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),

(27), the court shall order the return of the money, including any

interest earned on money deposited into a financial institution

under subsection (20).(28).

(30) (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.

(31) (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.