Bill Text: MI HB5780 | 2015-2016 | 98th 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. 48 to ch. IX. TIE BAR WITH: HB 5779'16
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2016-08-03 - Bill Electronically Reproduced 07/13/2016 [HB5780 Detail]
Download: Michigan-2015-HB5780-Introduced.html
HOUSE BILL No. 5780
July 13, 2016, Introduced by Rep. Lucido and referred to the Committee on Families, Children, and Seniors.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
(MCL 750.1 to 750.568) by adding section 48 to chapter IX.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER IX
ANIMALS
Sec. 48. (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 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 shall contain a description of the
animal and of the animal abuse or neglect. The written report shall
contain the name and address of the animal's owner or keeper if
that information is available to the CPS employee. The written
report shall 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 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 and is presumed to have acted
in good faith. 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. 5779 (request no.
05298'16) of the 98th Legislature is enacted into law.
