HB 5361

HOUSE BILL NO. 5361
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 50b (MCL 750.50b), as amended by
2018 PA 452.
the people of the state of michigan enact:
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 the
animal's 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.
(c) Knowingly
administer poison to an animal, or knowingly 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.
(c) Community
service for not more than 500 hours.
(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.
(c) Community
service for not more than 500 hours.
(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.
(c) Community
service for not more than 500 hours.
(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 restitution, including, but not
limited to, the costs of the investigation of
the violation of this section, the costs of the prosecution, and the costs of the seizure,
care, housing, and veterinary medical
care, for and disposition of the animal victim, as applicable. The costs of the seizure, care, housing, veterinary medical
care, and disposition of the animal victim should not be included in the sentence
if they were previously paid by the defendant with a security deposit or bond
as described in subsection (22), (24), (25), or (27). 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. As
used in this subsection, "disposition of the animal victim" includes,
but is not limited to, the transfer, euthanasia, or adoption of the animal.
(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 the
defendant's 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 that 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 that 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 under 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.
(c) 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.
(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.
(19) Except
as provided in this subsection and subsection (28), an animal that is a victim
of a violation of this section and was seized by an animal control agency
pending the outcome of a criminal action that charges a violation of this
section must not be returned to the owner or possessor of the animal if the
owner or possessor is alleged to have violated this section. A seized animal
must be taken to a local animal control agency or a local animal control
agency's designee. A service animal that is a victim of
a violation of this section may be seized by an animal control agency under
this section at the animal control agency's discretion, taking into
consideration the totality of the circumstances. If an animal owner or
possessor is convicted of violating subsection (2), the court shall award the
animal involved in the violation to the animal control agency for evaluation
and disposition.
(20) An
animal control agency taking custody of an animal under subsection (19) shall
give notice not later than 72 hours after the seizure of the animal in person
or 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, the animal
control agency shall give notice not later than 72 hours after the seizure by 1
of the following methods:
(a) Posting
at the location of the seizure.
(b)
Delivery to an individual that resides at the location of the seizure.
(c)
Registered mail to the location of the seizure.
(21) The
notice required under subsection (20) 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.
(c) The
address and telephone number of the location where or under what animal control
agency's authority the 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 from the court with jurisdiction over the
alleged violation of subsection (2) on whether the requirement to post a
security deposit or bond is justified, whether the cost associated with the
security deposit or bond is fair and reasonable for the care of and provision
for the seized animal as the costs are described in subsection (10), or both.
(e) A
statement that the owner or possessor of the animal is responsible for all
costs described in subsection (10), unless the court determines that the
seizure of the animal was not substantially justified by law.
(22) A
request for a hearing within 14 days after the date on the notice prevents forfeiture
of the animal until the court determines whether the requirement to post a
security deposit or bond is justified, whether the amount of the security
deposit or bond is fair and reasonable, or both. Notice of a request for a
hearing under subsection (21) must be served on the animal control agency
holding the animal before the expiration of the 14-day period described in
subsection (21). A hearing on whether the requirement to post a security
deposit or bond is justified, whether the amount of the security deposit or
bond is fair and reasonable, or both, must be held not
later than 21 days after the request for a hearing. The hearing is before a
judge without a jury and 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 the burden, that the
security deposit or bond is fair and reasonable, or both, 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 within
72 hours after the hearing. The court shall consider the owner's or possessor's
ability to pay as part of the court's finding of whether the amount of the
security deposit or bond is fair and reasonable. For the purpose of determining
the owner's or possessor's ability to pay only, the court shall consider the
owner's or possessor's employment status, employment history, and financial
history. An owner's or possessor's failure to appear at a scheduled hearing
requested under this subsection will result in automatic forfeiture of the
animal to the animal control agency if the date of the scheduled hearing is
more than 14 days after the date on the notice described in subsection (21).
The testimony of a defendant at a hearing held under this subsection is only
admissible against the defendant for the purpose of impeachment or in a
criminal prosecution for perjury. The testimony of a defendant at a hearing
held under this subsection does not waive the defendant's constitutional right
against self-incrimination.
(23) An
animal control agency that holds or requires to be held a seized animal under
subsection (19) shall hold the animal for a period of 14 consecutive days,
including weekends and holidays, beginning on the date notice was given under
subsection (20). 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 subsections (21) and (24) or requested a hearing as described in subsection
(22), the animal is forfeited, and the animal control agency may dispose of the
animal by transfer to another animal control agency, humane euthanasia, or
adoption.
(24) The
security deposit or bond described in subsection (21)(d) must be in a
sufficient amount to secure payment of all costs described in subsection (10)
during a 30-day period after examination of the animal by a licensed
veterinarian. The animal control agency shall determine the amount of the
security deposit or bond not later than 72 hours after the seizure of the
animal and shall make the amount of the security deposit or bond available to
the owner or possessor of the animal on request. Unless the owner or possessor
of the animal requests a hearing as described in subsection (22), the owner or
possessor of the animal shall provide proof of the security deposit or bond to
the animal control agency not later than 14 days after the date on the notice
described in subsection (21).
(25) If an
animal is seized and is being held by an animal control agency or an animal
control agency's designee pending the outcome of a criminal action charging a
violation of this section and the process in subsections (20) through (24) was
not utilized, 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 to forfeit the animal
to the animal control agency before final disposition of the criminal charge.
The prosecuting attorney shall serve a true copy of the summons and complaint on
the defendant owner or possessor of the animal. On the filing of the civil
action, the court shall set a hearing on the complaint. The hearing must be
conducted not later than 21 days after the filing of the civil action. 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 occurred. If the court finds that the prosecuting
attorney has met the burden and that the amount of the security deposit or bond
necessary to prevent the forfeiture of the animal from the date of the seizure
to 30 days after the date of the hearing is fair and reasonable based on costs
described in subsection (10), the court shall order immediate forfeiture of the
animal to the animal control agency unless the defendant owner or possessor,
within 72 hours after the hearing, submits to the court clerk a security
deposit or bond in a sufficient amount to secure payment of all costs described
in subsection (10) after examination of the animal by a licensed veterinarian
from the date of the seizure to the date of the hearing and for an additional
period of 30 days. The court shall consider the owner's or possessor's ability
to pay as part of the court's finding of whether the amount of the security
deposit or bond is fair and reasonable. For the purpose of determining the
owner's or possessor's ability to pay only, the court shall consider the
owner's or possessor's employment status, employment history, and financial
history. A defendant owner or possessor's failure to post a security deposit or
bond within 72 hours after the hearing or the defendant owner or possessor's
failure to appear at a scheduled hearing under this subsection will result in
automatic forfeiture of the animal to the animal control agency. The testimony
of a defendant at a hearing held under this subsection is only admissible
against the defendant for the purpose of impeachment or in a criminal
prosecution for perjury. The testimony of a defendant at a hearing held under
this subsection does not waive the defendant's constitutional right against
self-incrimination.
(26) An
animal control agency that holds or requires to be held a seized animal as
provided in this section may draw on a security deposit or bond posted under
subsection (22), (24), (25), or (27) to cover the actual reasonable costs
incurred as described in subsection (10) from the date of the seizure to the
date of the official disposition of the animal in the criminal action.
(27) If a
security deposit or bond has been posted under subsection (22), (24), or (25),
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 (10) 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.
(28) If the
owner or possessor that posted a security deposit or bond under subsection
(22), (24), (25), or (27) is found not guilty in the criminal action, the
amount of the security deposit or bond posted to prevent disposition of the
animal if unused for the animal cost of care and, subject to subsections (29),
(30), and (31), the animal must be returned to the owner.
(29) If a
security deposit or bond is posted by an owner or possessor of an animal under
subsection (22), (24), (25), or (27) and the court determines that the animal
lacks any useful purpose or poses a threat to public safety under subsection
(31), the posting of the security deposit or bond must not prevent disposition
of the animal.
(30) Upon
receiving an animal seized under this section, or at any time thereafter, an
animal control agency may humanely euthanize the animal or have the animal
euthanized if, in the opinion of a licensed veterinarian, 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 regardless of whether a security deposit or bond has been
posted under subsection (22), (24), (25), or (27).
(31) An
animal control agency that receives an animal seized under this section may
apply to the district court or municipal court for a hearing to determine
whether the animal must be humanely euthanized because of the animal's lack of
any useful purpose or the public safety threat it poses. The court shall hold a
hearing not later 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 or poses a threat to public
safety, the animal control agency shall humanely euthanize the animal or have
the animal euthanized. Costs described in subsection (10) that are incurred by
an animal control agency, or by a person may, in the court's discretion, be
assessed against the owner of the animal.
(32) An
animal control agency is immune from civil liability for the lawful disposition
of an animal under this section.