SENATE BILL No. 219

March 18, 2015, Introduced by Senators JONES, BIEDA, KNEZEK, BRANDENBURG, ROCCA, KOWALL and KNOLLENBERG and referred to the Committee on Judiciary.

A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

by amending sections 49, 50, 50b, and 158 (MCL 750.49, 750.50,

750.50b, and 750.158), section 49 as amended by 2006 PA 129,

section 50 as amended by 2007 PA 152, and section 50b as amended by

2008 PA 339.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 49. (1) As used in this section, "animal" means a

vertebrate other than a human being except livestock as defined in

section 5 of the animal industry act, 1988 PA 466, MCL 287.705.

(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 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 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 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.

(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 housing and caring for the animal,

including, but not limited to, providing veterinary medical

treatment.

(7) As part of the sentence for a violation of subsection (2),

the court shall, as a condition of probation, order the person

convicted not to own or possess an animal of the same species

involved in the violation of this section for a period of at least

5 years after the date of sentencing or the date of release from

incarceration, whichever is later. 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 or second generation offspring of an

animal trained or used for fighting to attack a person and ~~thereby~~

that 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 or 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 or 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 or 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 or 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 or 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 or 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 or

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 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 be confiscated as contraband by a law enforcement

officer and shall not be returned to the owner, trainer, or

possessor of the animal. The animal shall be taken to a local

humane society or other animal welfare 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 agency.

(17) Upon receiving an animal confiscated under this section,

or at any time thereafter, an appointed veterinarian, the humane

society, or other animal welfare agency may humanely euthanize the

animal if, in the opinion of that 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.

(18) A humane society or other animal welfare agency that

receives an animal under this section shall apply to the district

court or municipal court for a hearing to determine whether the

animal shall be humanely euthanized because of its lack of any

useful purpose and 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 poses a threat to public safety, the humane

society or other animal welfare agency shall humanely euthanize the

animal. Expenses incurred in connection with the housing, care,

upkeep, or euthanasia of the animal by a humane society or other

animal welfare agency, or by a person, firm, partnership,

corporation, or other entity, shall be assessed against the owner

of the animal.

(19) Subject to subsections (16) to (18), all animals being

used or to be used in fighting, equipment, devices and money

involved in a violation of subsection (2) shall 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.

(20) The seizing agency may deposit money seized under

subsection (19) 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.

(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 be afforded a period of 60 days within which

to examine that money. This 60-day period shall begin to run after

notice of forfeiture is given but before the money is deposited

into a financial institution under subsection (20). 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), the court shall order the return of the

money, including any interest earned on money deposited into a

financial institution under subsection (20).

(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.

(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.

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 ~~any~~ a vertebrate other than a human being

except livestock as defined in section 5 of the animal industry

act, 1988 PA 466, MCL 287.705.

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 any ordinance of

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

(e) "Licensed veterinarian" means a person licensed to

practice veterinary medicine under article 15 of the public health

code, 1978 PA 368, MCL 333.16101 to 333.18838.

(f) "Livestock" means that term as defined in the animal

industry act, ~~of 1987,~~ 1988 PA 466, MCL 287.701 to ~~287.747.~~287.746.

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

liability company, corporation, association, governmental entity,

or other legal entity.

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

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

jeopardized.

(i) "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.

(j) "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 shall 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.

(k) "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.

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

use of a chain, rope, or similar device.

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

and species of animal that is made regularly available unless

otherwise directed by a licensed veterinarian.

(2) An owner, possessor, or person ~~having~~ who has 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~~ with its 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~~ if 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.

(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 or security

interest ~~or known security interest~~ in the animal or a person who

has filed a lien with the secretary of state in an animal involved

in the pending action. 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 who did not have

prior knowledge of , or 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 shall be conducted within 14 days of

the filing of the civil action, or as soon as practicable. The

hearing shall 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 shall

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 money 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) and (d),

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) and (d),

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 or the person

had 2 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 4 years.

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

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

(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 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~~ a 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,~~ shall, 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~~

shall, as a condition of probation, order the defendant not to own

or possess an animal for ~~any~~ a period of ~~time~~ at least 5 years

after the date of sentencing or the date of release from

incarceration, whichever is later, ~~including~~ and may order

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 by a fine of not more than $500.00, or both.

(11) 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) Activities authorized under rules promulgated under

section 9 of the executive organization act of 1965, 1965 PA 380,

MCL 16.109.

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

287.395.

(i) Scientific research 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.

(12) 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, "animal" means ~~any~~ a

vertebrate other than a human being except livestock as defined in

section 5 of the animal industry act, 1988 PA 466, MCL 287.705.

(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.

(3) A person who violates subsection (2) 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 more than $5,000.00 for a single animal and

$2,500.00 for each additional animal involved in the violation, but

not to exceed a total of $20,000.00.

(4) 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 impacted 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.

(5) 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.

(6) As a part of the sentence for a violation of subsection

(2), the court ~~may~~ shall, as a condition of probation, order the

defendant not to own or possess an animal for ~~any~~ a period of ~~time~~

~~determined by the court,~~ at least 5 years after the date of

sentencing or the date of release from incarceration, whichever is

later, ~~which~~ and may ~~include~~ order permanent relinquishment of

animal ownership.

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

an order issued under subsection (6) 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 (6) 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.

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

livestock or a customary animal husbandry or farming practice

involving livestock. ~~As used in this subsection, "livestock" means~~

~~that term as defined in section 5 of the animal industry act, 1988~~

~~PA 466, MCL 287.705.~~

(9) 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) Activities authorized under rules promulgated under

section 9 of the executive organization act of 1965, 1965 PA 380,

MCL 16.109.

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

287.279.

(10) 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.

(11) 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. 158. (1) ~~Any~~ A person who ~~shall commit~~ commits the

abominable and detestable crime against nature either with mankind

or with any animal ~~shall be~~ is guilty of a felony , punishable by

imprisonment ~~in the state prison~~ for not more than 15 years, or if

~~such person~~ the defendant was a sexually delinquent person at the

time of the ~~said~~ offense, ~~a sexually delinquent person, may be~~ a

felony punishable by imprisonment ~~in the state prison~~ for an

indeterminate term, the minimum of which shall be 1 day and the

maximum of which shall be life.

(2) As part of the sentence for a violation of subsection (1),

the court shall, as a condition of probation, order the person

convicted not to own or possess an animal for a period of at least