HB 5360

HOUSE BILL NO. 5360
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 50 (MCL 750.50), as amended by 2019
PA 135.
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.
(c) "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.
(d) "Animal protection shelter" means a facility
operated by a person, humane society, society for the prevention of cruelty to
animals, or any other nonprofit organization, for the care of homeless animals.
(c) "Animal control agency" means an animal control shelter,
an animal protection shelter, or a law enforcement agency.
(d) "Animal control shelter" and "animal protection
shelter" mean those terms as defined in section 1 of 1969 PA 287, MCL
287.331.
(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 3 of the animal industry act, 1988 PA
466, MCL 287.703.
(h) "Neglect"
means to fail to sufficiently and properly care for an animal to the extent
that the animal's health is jeopardized.
(i) "Person"
means an individual, partnership, limited liability company, corporation,
association, governmental entity, or other legal entity.
(j) "Pet
shop" means that term as defined in section 1 of 1969 PA 287, MCL 287.331.
(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) "Service
animal" means all of the following:
(i) That term as
defined in 28 CFR 36.104.
(ii) A miniature
horse that has been individually trained to do work or perform tasks as
described in 28 CFR 36.104 for the benefit of a person with a disability.
(m) (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.
(n) (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.
(o) (n) "Tethering" means the restraint
and confinement of a dog by use of a chain, rope, or similar device.
(p) (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.
(c) Carry or cause
to be carried in or upon on a vehicle or 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 on 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 the animal's 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 an animal that 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 the
dog's nose to the base of its the dog's 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.Except as provided
in this subsection and subsection (22), 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.
(4) A person who that 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.
(c) If the
violation involved 4 or more animals but fewer than 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 the person 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 an
individual 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 shall must 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 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 (16), (18), (20), or (21). 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. As used in this
subsection, "disposition of the animal victim" includes, but is not
limited to, the transfer, euthanasia, or adoption of the animal.
(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 that 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 that 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.
(c) Horse racing.
(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 that involves 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.
(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.
(14) An animal control agency taking custody of an animal under
subsection (3) 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.
(15) The notice required under subsection (14) 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 under subsection (8), or both.
(e) A statement that the owner or possessor of the animal is responsible
for all costs described in subsection (8), unless the court determines that the
seizure of the animal was not substantially justified by law.
(16) 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 (15) must be served on the animal
control agency holding the animal before the expiration of the 14-day period
described in subsection (15). 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 the 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 (15). 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.
(17) An animal control agency that holds or requires to be held a seized
animal under subsection (3) shall hold the animal for a period of 14
consecutive days, including weekends and holidays, beginning on the date notice
was given under subsection (14). 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 (15) and (18) or requested a hearing as described in
subsection (16), 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.
(18) The security deposit or bond described in subsection (15)(d) must
be in a sufficient amount to secure payment of all costs described in subsection
(8) 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 (16), 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 (15).
(19) 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 (16), (18), (20) or (21) to cover the actual reasonable
costs incurred as described in subsection (8) from the date of the seizure to
the date of the official disposition of the animal in the criminal action.
(20) 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 (14)
to (18) 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
(8), 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 (8) 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.
(21) If a security deposit or bond has been posted under subsection (16),
(18), or (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 (8) 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.
(22) If the owner or possessor that posted a security deposit or bond
under subsection (16), (18), (20), or (21) 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 (23), (24), and (25), the animal must
be returned to the owner.
(23) If a security deposit or bond is posted by an owner or possessor of
an animal under subsection (16), (18), (20), or (21) and the court determines
that the animal lacks any useful purpose or poses a threat to public safety under
subsection (25), the posting of the security deposit or bond does not prevent
disposition of the animal.
(24) 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 (16), (18), (20), or (21).
(25) 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 (8) 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.
(26) An animal control agency is immune from civil liability for the
lawful disposition of an animal under this section.