Bill Text: MI SB0990 | 2013-2014 | 97th Legislature | Introduced
Bill Title: Animals; animal shelters; adoption of certain seized animals used in fighting operations; allow, and make other revisions. Amends sec. 49 of 1931 PA 328 (MCL 750.49).
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2014-10-01 - Referred To Committee Of The Whole With Substitute S-1 [SB0990 Detail]
Download: Michigan-2013-SB0990-Introduced.html
SENATE BILL No. 990
June 11, 2014, Introduced by Senators PAPPAGEORGE, BRANDENBURG, COLBECK and HUNE 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" means a
vertebrate other than a human being.
(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).
(c) Rent or otherwise obtain the use of a building, shed,
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. This
subdivision does not prohibit an animal control shelter, animal
protection shelter, or law enforcement agency from owning,
adopting, or transferring ownership to a humane society, animal
welfare agency, or person 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 the animal control shelter, animal
protection shelter, or law enforcement agency finds that the animal
is fit for placement and does not pose a threat to the public
safety.
(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.
(c) Not less than 500 or more than 1,000 hours of community
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.
(c) Not less than 250 or more than 500 hours of community
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, investigating the violation of this section, food,
water, shelter, and disposition of the animal. 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 or 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 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.
(c) A corporation licensed under the private security business
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 control shelter, animal
protection shelter, or law enforcement 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 shelter, animal
protection shelter, or law
enforcement agency for evaluation and adoption or humane
disposition.
(17) An animal control shelter, animal protection shelter, or
law enforcement 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.
(c) Registered mail to the owner of the animal's last-known
address, if the owner of the animal is known.
(d) Registered mail to the location of the seizure, if the
owner of the animal is unknown.
(18) The notice required under subsection (17) shall 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 the
animal is being held and contact information for the individual
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 to prevent the disposition of the
animal, that failure to post a security deposit or bond within 14
days after the date on the notice will result in disposition of the
animal, and that the owner or possessor of the animal may request a
hearing on whether the cost associated with the security deposit or
bond is fair and reasonable for the care of and provision for the
seized animal.
(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 shelter, animal protection shelter, or
law enforcement agency that has seized an 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 control
shelter, animal protection shelter, or law enforcement agency may
dispose of the animal by adoption, transfer to another animal
control shelter, animal protection shelter, or law enforcement
agency, or humane euthanasia. An animal control shelter, animal
protection shelter, or law enforcement agency that transfers or
adopts an animal as described in this subsection shall provide a
copy of the animal's history, including a description of why the
animal was seized, veterinary records and behavioral assessments,
and a copy of subsections (8) to (14), to the person to whom the
animal is transferred or adopted.
(20) The owner or possessor of an animal seized under
subsection (16) may prevent disposition of the animal by an animal
control shelter, animal protection shelter, or law enforcement
agency by posting a security deposit or bond with the court within
14 days after receiving the notice described in subsection (18).
The bond shall 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 shelter, animal
protection shelter, or law enforcement 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 shelter, animal protection shelter,
or law enforcement agency no later than 14 days after receiving the
notice described in subsection (18).
(21) An animal control shelter, animal protection shelter, or
law enforcement agency that is holding a seized animal as provided
in this section may draw on a security deposit or bond posted under
subsection (20) 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 is continued to a
later date, the order of continuance shall require the defendant to
post an additional security deposit or bond in an amount determined
sufficient by the court to cover the costs described in subsection
(6) as anticipated to be incurred by the animal control shelter,
animal protection shelter, or law enforcement agency caring for the
animal. The additional security deposit or bond shall be calculated
in 30-day increments and shall 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 shelter, animal protection shelter, or law
enforcement agency caring for the animal.
(23) If the owner or possessor 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, minus the reasonable costs incurred by the animal
control shelter, animal protection shelter, or law enforcement
agency for the care of the animal as described in subsection (6).
(24) If a security deposit or bond is posted by an owner or
possessor of an animal under subsection (20) and the court
determines that the animal lacks any useful purpose and poses a
threat to public safety, the posting of the security deposit or
bond shall not prevent disposition of the animal. The amount of the
security deposit or bond posted to prevent disposition of the
animal shall be returned to the owner or possessor, minus the
reasonable costs incurred by the animal control shelter, animal
protection shelter, or law enforcement agency for the care and
euthanasia of the animal as described in subsection (6).
(25) (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 control shelter,
animal protection shelter, or law enforcement agency may humanely
euthanize
the animal 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).
(26) (18)
A humane society or other An
animal control shelter,
animal
welfare protection
shelter, or law enforcement 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 control shelter, animal protection
shelter, or law enforcement 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 an
animal
welfare control shelter,
animal protection shelter, or law
enforcement agency, or by a person, firm, partnership, corporation,
or other entity, shall be assessed against the owner of the animal.
(27) (19)
Subject to subsections (16), to
(18), and (25), 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.
(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) (27) 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). (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.
(c) Part 427 of the natural resources and environmental
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.