HOUSE BILL No. 6298

 

 

September 5, 2018, Introduced by Rep. LaFave and referred to the Committee on Law and Justice.

 

     A bill to amend 1927 PA 175, entitled

 

"The code of criminal procedure,"

 

(MCL 760.1 to 777.69) by adding section 2 to chapter XVI.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

                             CHAPTER XVI

 

     Sec. 2. A person is not subject to criminal prosecution for

 

the breaking or entry into a motor vehicle, or for the resulting

 

damage to that motor vehicle, if the breaking or entry is

 

effectuated for the purpose of removing an animal from the motor

 

vehicle and if all of the following apply:

 

     (a) The person determines that the motor vehicle is locked and

 

there is no reasonable method for the animal to exit or be removed

 

from the motor vehicle.

 

     (b) The person has a good-faith belief that forcible entry

 

into the motor vehicle is necessary because the animal is in

 

imminent danger of suffering harm if not immediately removed from

 

the motor vehicle and, based on the circumstances known to the

 

person at the time, the belief is reasonable.

 

     (c) The person contacts either the local law enforcement

 

agency, the local fire department, or a 9-1-1 operator as soon as

 

possible before or after forcibly entering the motor vehicle.

 

     (d) The person places a notice on the motor vehicle's

 

windshield with the person's contact information, the reason the

 

entry was made, the location of the animal, and a statement that

 

the local authorities have been notified.

 

     (e) The person remains with the animal in a safe location, out

 

of the elements, but reasonably close to the motor vehicle, until

 

law enforcement, the fire department, or another emergency

 

responder arrives.

 

     (f) The person does not use any more force to enter the motor

 

vehicle and remove the animal from the motor vehicle than is

 

necessary under the circumstances.

 

     Enacting section 1. This amendatory act takes effect 90 days

 

after the date it is enacted into law.