Bill Text: MI HB4641 | 2019-2020 | 100th Legislature | Introduced

---

Bill Title: Crimes: animals; penalties for performing or allowing a devocalization procedure to be performed if no therapeutic purpose; provide for. Amends sec. 50 of 1931 PA 328 (MCL 750.50). TIE BAR WITH: HB 4593'19

Spectrum: Partisan Bill (Democrat 12-0)

Status: (Introduced - Dead) 2019-05-21 - Bill Electronically Reproduced 05/21/2019 [HB4641 Detail]

Download: Michigan-2019-HB4641-Introduced.html

---

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HOUSE BILL No. 4641

 

 

May 21, 2019, Introduced by Reps. Gay-Dagnogo, Hammoud, Garza, Cynthia Johnson, Pagan, Brenda Carter, LaGrand, Tate, Brixie, Sabo, Ellison and Haadsma and referred to the Committee on Agriculture.

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending section 50 (MCL 750.50), as amended by 2018 PA 452.

 

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 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.

 

     (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 an ordinance of

 

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

 

     (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) "Devocalization" means that term as defined in section

 

18830 of the public health code, 1978 PA 368, MCL 333.18830.

 

     (g) (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.

 

     (h) (g) "Livestock" means that term as defined in section 5 of

 

the animal industry act, 1988 PA 466, MCL 287.705.

 

     (i) (h) "Person" means an individual, partnership, limited

 

liability company, corporation, association, governmental entity,

 

or other legal entity.

 

     (j) (i) "Pet shop" means that term as defined in section 1 of

 

1969 PA 287, MCL 287.331.

 

     (k) (j) "Neglect" means to fail to sufficiently and properly

 

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

 

jeopardized.

 

     (l) (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.

 

     (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) "Therapeutic purpose" means that term as defined in

 

section 18830 of the public health code, 1978 PA 368, MCL

333.18830.

 

     (q) (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 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 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 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. 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.

 

     (h) Perform a devocalization procedure on an animal or

 

knowingly permit a devocalization procedure to be performed on an

 

animal without a determination by a licensed veterinarian that the

 

procedure is for a therapeutic purpose as provided in section 18830

 

of the public health code, 1978 PA 368, MCL 333.18830.

 

     (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.

 

     (4) A person who 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 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 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 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 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, 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 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 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 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.

 

     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. 4593 (request no.

 

00549'19) of the 100th Legislature is enacted into law.