Bill Text: MI HB4442 | 2017-2018 | 99th Legislature | Introduced


Bill Title: Animals; other; suspected animal abuse or neglect cases; require child protective service employees to report. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 50d. TIE BAR WITH: HB 4441'17

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2017-04-19 - Bill Electronically Reproduced 03/30/2017 [HB4442 Detail]

Download: Michigan-2017-HB4442-Introduced.html

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4442

 

 

March 30, 2017, Introduced by Reps. Lucido, Kosowski, Sabo, Leutheuser and Kahle and referred to the Committee on Judiciary.

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

(MCL 750.1 to 750.568) by adding section 50d.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 50d. (1) As used in this section:

 

     (a) "Animal abuse or neglect" means any of the following:

 

     (i) A violation of section 49(2), 50, or 50b.

 

     (ii) A violation of section 158 committed with an animal.

 

     (b) "Animal control officer" means an animal control officer

 

provided for under sections 29a to 29c of the dog law of 1919, 1919

 

PA 339, MCL 287.289a to 287.289c.

 

     (c) "Child abuse" means that term as defined in section 2 of

 

the child protection law, 1975 PA 238, MCL 722.622.

 

     (d) "Child neglect" means that term as defined in section 2 of

 

the child protection law, 1975 PA 238, MCL 722.622.


     (e) "CPS employee" means an employee in the child protective

 

services program or successor program of the department of health

 

and human services.

 

     (f) "Law enforcement officer" means that term as defined in

 

section 2 of the Michigan commission on law enforcement standards

 

act, 1965 PA 203, MCL 28.602.

 

     (2) If, in the course of investigating suspected child abuse

 

or child neglect, a CPS employee has reasonable cause to suspect

 

animal abuse or neglect, the CPS employee shall immediately make or

 

cause to be made an oral report of the suspected animal abuse or

 

neglect to an animal control officer or law enforcement officer for

 

the jurisdiction where the animal was found.

 

     (3) Within 72 hours after the oral report is made, the CPS

 

employee shall file a written report with an animal control officer

 

or law enforcement officer for the jurisdiction where the animal

 

was found. The written report must contain a description of the

 

animal and of the animal abuse or neglect. The written report must

 

contain the name and address of the animal's owner or keeper if

 

that information is available to the CPS employee. The written

 

report must contain other information available to the CPS employee

 

that might assist an animal control officer or law enforcement

 

officer to establish the cause of the animal abuse or neglect and

 

the manner in which the animal abuse or neglect occurred.

 

     (4) The identity of a CPS employee who makes a report under

 

this section is confidential and subject to disclosure only with

 

the consent of that CPS employee or by judicial process. A CPS

 

employee who makes a report under this section is presumed to have


acted in good faith. A CPS employee acting in good faith who makes

 

a report under this section or cooperates in an investigation of

 

the suspected animal abuse or neglect is immune from civil or

 

criminal liability that might otherwise be incurred by that action.

 

This immunity from civil or criminal liability does not extend to a

 

negligent act that causes personal injury or death.

 

     (5) A CPS employee who is required by this section to report

 

an instance of suspected animal abuse or neglect and who knowingly

 

fails to do so is guilty of a misdemeanor punishable by

 

imprisonment for not more than 93 days or a fine of not more than

 

$500.00, or both.

 

     (6) A CPS employee who knowingly makes a false report of

 

animal abuse or neglect under this section is guilty of a crime as

 

follows:

 

     (a) If the animal abuse or neglect reported would not

 

constitute a crime or would constitute a misdemeanor if the report

 

were true, the CPS employee is guilty of a misdemeanor punishable

 

by imprisonment for not more than 93 days or a fine of not more

 

than $100.00, or both.

 

     (b) If the animal abuse or neglect reported would constitute a

 

felony if the report were true, the CPS employee is guilty of a

 

felony punishable by the lesser of the following:

 

     (i) The penalty for the animal abuse or neglect falsely

 

reported.

 

     (ii) Imprisonment for not more than 4 years or a fine of not

 

more than $2,000.00, or both.

 

     Enacting section 1. This amendatory act takes effect 90 days


after the date it is enacted into law.

 

     Enacting section 2. This amendatory act does not take effect

 

unless Senate Bill No.____ or House Bill No. 4441 (request no.

 

01718'17) of the 99th Legislature is enacted into law.

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