Bill Text: MI HB4765 | 2015-2016 | 98th Legislature | Introduced

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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: Strong Partisan Bill (Republican 10-1)

Status: (Introduced - Dead) 2015-11-10 - Referred To Second Reading [HB4765 Detail]

Download: Michigan-2015-HB4765-Introduced.html

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HOUSE BILL No. 4765

 

July 14, 2015, Introduced by Reps. McCready, Kesto, Webber, Graves, Glardon, Glenn, Sheppard, Pscholka, McBroom, Santana and Heise and referred to the Committee on Criminal Justice.

 

     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 of an animal 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, 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 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

 

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 to prevent the forfeiture of the

 

animal, 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 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 is

 

forfeited, and 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 forfeiture and 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 at the court's discretion.

 

     (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 is a dangerous animal under subsection

 

(26), 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) and section 2(2) and (3) of 1988 PA

 

426, MCL 287.322.

 

     (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 may 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 may, in the

 

court's discretion, 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.