Bill Text: MI HB5876 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Criminal procedure: other; forfeiture of animal victims of cruelty and fighting; provide for. Creates a new act. Provides for a referendum.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced) 2024-06-27 - Bill Electronically Reproduced 06/27/2024 [HB5876 Detail]
Download: Michigan-2023-HB5876-Introduced.html
HOUSE BILL NO. 5876
A bill to provide for the forfeiture of seized animals and certain items under certain circumstances; to provide for the disposition of seized animals; to provide for the powers and duties of certain departments and agencies in relation to the forfeitures of animals; to provide immunity to certain persons in certain circumstances; and to provide for a referendum.
the people of the state of michigan enact:
Sec. 1. This act may be cited as the "animal forfeiture act".
(a) "Animal" and "animal control agency" mean those terms as defined in section 49 of the Michigan penal code, 1931 PA 328, MCL 750.49.
(b) "Department" means the department of state police.
(c) "Disposal" or "disposition" means the transfer, adoption, or euthanasia of a seized animal.
(d) "Listed animal offense" means any of the following offenses:
(i) Section 3 of 1988 PA 426, MCL 287.323.
(ii) Section 29 of 1982 PA 239, MCL 287.679.
(iii) Section 15 of the wolf-dog cross act, 2000 PA 246, MCL 287.1015.
(iv) Section 49, 50, 50a, 50b, 50c, 57, 60, 61, 437, or 467 of the Michigan penal code, 1931 PA 328, MCL 750.49, 750.50, 750.50a, 750.50b, 750.50c, 750.57, 750.60, 750.61, 750.437, and 750.467.
(v) For an animal victim, section 158 of the Michigan penal code, 1931 PA 328, MCL 750.158.
(vi) For racketeering involving animal fighting, section 159i of the Michigan penal code, 1931 PA 328, MCL 750.159i.
(vii) Section 15 of the animal abuser registry act.
(viii) Except as provided in section 11, any other violation of a law of this state or a local ordinance of a municipality, that by the nature of the offense involves unlawful harm to an animal.
Sec. 3. (1) Except as otherwise provided in this act, an animal that was seized by an animal control agency pending the outcome of a criminal action that charges a violation of a listed animal offense must not be returned to the owner or possessor of the animal if the owner or possessor is alleged to have violated a listed animal offense.
(2) An animal control agency that takes custody of an animal subject to a listed animal offense investigation shall give notice not later than 72 hours after seizure of the animal by registered mail to the last known address of the animal's owner if the owner of the animal is known. If the owner of the animal is unknown, an animal control agency that takes custody of the animal shall give notice not later than 72 hours after seizure of the animal by 1 of the following methods:
(a) Posting at the location of the seizure.
(b) Delivery to an individual residing at the location of the seizure.
(c) Registered mail to the location of the seizure.
(3) The notice required under subsection (2) must 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, to prevent forfeiture of the animal, the owner or possessor of the animal must post a security deposit or bond in the actual amount of costs of care incurred to date by the animal control agency and an estimate by the animal control agency of the daily cost of care necessary to continue to support the animal for the duration of the criminal, forfeiture, or other court proceeding until the court makes a final determination regarding the animal's disposition, that failure to post a security deposit or bond not later than 21 days after the date on the notice will result in forfeiture of the animal, and that the owner or possessor of the animal may, before the expiration of the 21-day period, request a hearing on whether the requirement to post a security deposit or bond is reasonable or whether the costs of care incurred or the estimated future costs of care to be incurred by the animal control agency associated with the security deposit or bond are accurate for the care of and provision for the seized animal. Notice of a request for a hearing under this subdivision must be served on the animal control agency and the prosecuting attorney holding the animal before the expiration of the 21-day period. At the hearing, the court shall determine whether the requirement to post a security deposit or bond is reasonable. An owner or possessor's failure to appear at a scheduled hearing requested under this subdivision will result in automatic forfeiture of the animal if the date of the scheduled hearing is set after the 21-day period.
(e) A statement that, if the security deposit or bond is posted as required and the court finds that the prosecuting attorney has proven by a preponderance of the evidence that a violation of a listed animal offense occurred in the forfeiture hearing under section 8, the animal will be forfeited to the animal control agency that seized the animal.
(f) A statement that, unless the court determines that the seizure of the animal was not substantially justified by law, the owner or possessor of the animal is responsible for the costs to investigate the listed animal offense, to dispose of the animal, and to house and care for the animal, including, but not limited to, any necessary veterinary medical treatment.
Sec. 4. An animal control agency that has custody of a seized animal under section 3 shall hold the animal for a period of 21 consecutive days, including weekends and holidays, beginning on the date notice was given under section 3. After the expiration of the 21 days, if the owner or a possessor of the animal has not posted a security deposit or bond as provided in section 5, the animal is forfeited, and the animal control agency may dispose of the animal.
Sec. 5. (1) Except as otherwise provided in this act, an owner or possessor of an animal seized under section 3 may prevent forfeiture and disposition of the animal by an animal control agency for the duration of the criminal, forfeiture, or other court proceeding until the court makes a final determination regarding the animal's disposition by posting a security deposit or bond with the court not later than 21 days after the date on the notice described in section 3. The bond must be in a sufficient amount to secure payment of all costs described in section 3 during a 30-day period of boarding and veterinary treatment of the animal after examination by a licensed veterinarian. The animal control 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 agency no later than 21 days after the date on the notice described in section 3.
(2) If a security deposit or bond has been posted under subsection (1), the owner or possessor shall continue to post additional security deposits or bonds in an amount determined sufficient to cover the costs to house and care for the animal, including, but not limited to, any necessary veterinary medical treatment as anticipated to be incurred by the animal control agency caring for the animal. The additional security deposit or bond must be calculated in 30-day increments and continue until the court enters a final order granting or denying the forfeiture. 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 agency caring for the animal.
(3) An animal control agency that is holding or requiring to be held a seized animal as provided in this section may draw on a security deposit or bond posted under subsection (1) or (2) to cover the actual reasonable costs incurred in the seizure, care, keeping, and disposition of the animal from the date of the seizure to the date of the official disposition of the animal.
Sec. 6. (1) If the owner or possessor of the animal that posted a security deposit or bond under section 5 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, and, unless the animal has already been forfeited or disposed of under this act, the animal must be returned to the owner.
(2) If a security deposit or bond is posted by an owner or possessor of an animal under section 5 and the court determines that the animal is a dangerous animal under section 7, the posting of the security deposit or bond must not prevent disposition of the animal.
Sec. 7. (1) An animal control agency that receives an animal under this act may apply to the district court or municipal court for a hearing to determine whether the animal must be humanely euthanized because of the public safety threat it poses. The court shall hold a hearing not later 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 poses a threat to public safety, the animal control agency shall humanely euthanize the animal or have the animal humanely euthanized. Expenses incurred in connection with the housing, care, upkeep, or euthanasia of the animal by an animal control agency or by a person may, in the court's discretion, be assessed against the owner of the animal.
(2) Subject to section 3 and this section, an animal that is used or to be used in animal fighting must be forfeited to this state under this act.
(3) Upon receiving an animal seized under this act, or at any time thereafter, an animal control agency may humanely euthanize the animal or have the animal humanely euthanized if, in the opinion of a licensed veterinarian, 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 section applies to an animal whether or not a security deposit or bond has been posted under section 5.
Sec. 8. If an animal is seized and is being held by an animal control shelter or its designee or an animal protection shelter or its designee or a licensed veterinarian upon the filing of a criminal complaint of a listed animal offense by the prosecuting attorney, unless the animal is voluntarily forfeited, the prosecuting attorney must file a civil action in the court that has jurisdiction of the criminal action requesting that the court issue an order to forfeit the animal to the animal control shelter or animal protection shelter or to a licensed veterinarian. The prosecuting attorney must serve a true copy of the summons and complaint upon the defendant, a person with a known ownership interest or known security interest in the animal or that has filed a lien with the secretary of state on the animal, and the animal control shelter or its designee, an animal protection shelter or its designee, or a licensed veterinarian holding 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 the holder of the security interest 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 must set a hearing on the complaint. The hearing must be held separately from the preliminary exam held in the criminal action, but evidence admitted and the court's conclusions of law from the preliminary examination or a bond hearing under section 3(3)(d) may be used in the forfeiture proceeding. Where a preliminary examination is waived by the defendant to the listed animal offense, the forfeiture hearing must be conducted not later than 21 days after the filing of the civil action, or prior to binding the listed animal offense over to circuit court, or as soon as practicable, whichever is soonest. The forfeiture 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 a listed animal offense 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. The animal owner has 21 days to appeal the forfeiture finding. If an appeal is filed, the owner shall post an additional bond for the animal pending appeal. The testimony of the defendant at a hearing held under this section is not admissible against the defendant in any criminal proceeding except in a criminal prosecution for perjury. The testimony of the defendant at a hearing held under this section does not waive the defendant's constitutional right against self-incrimination. An animal seized pending a listed animal offense investigation is not subject to any other civil action pending the final judgment of the forfeiture action under this section.
Sec. 9. (1) All instrumentalities, proceeds, and substituted proceeds of a violation of animal fighting are subject to forfeiture under chapter 47 of the revised judicature act of 1961, 1961 PA 236, MCL 600.4701 to 600.4710.
(2) The seizing agency may deposit money seized under subsection (1) 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.
(3) An attorney for an individual who is charged with a listed animal offense involving or related to money seized under subsection (1) must be afforded 60 days to examine the money. The 60-day period begins to run after notice of forfeiture is given but before the money is deposited into a financial institution under subsection (2). If the attorney general, prosecuting attorney, or city or township attorney fails to sustain the burden of proof in forfeiture proceedings under section 8, the court shall order the return of the money deposited under subsection (2).
Sec. 10. (1) Unless all of the animals seized under this act have already been forfeited or disposed of under this act, all animals owned, possessed, used, bought, sold, imported, exported, or handled by an individual convicted of a listed animal offense are forfeited to the state and must be turned over to the animal control agency that has jurisdiction over the location where the animal was seized as the designated representative of the director of the department for disposal.
(2) The department and the animal control agency are immune from civil liability for the lawful disposal of an animal under this section.
Sec. 11. (1) Forfeiture of animals under this act does not apply to the lawful killing or use of an animal under any of 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, and orders issued under that act.
(c) 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.
(d) Section 19 of the dog law of 1919, 1919 PA 339, MCL 287.279.
(e) 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.
(f) The animal industry act, 1988 PA 466, MCL 287.701 to 287.746.
(2) Except for a farmer convicted of a listed animal offense, this act does not apply to a farmer who follows generally accepted agricultural and management practices as that term is defined in section 2 of the Michigan right to farm act, 1981 PA 93, MCL 286.472.
Enacting section 1. This act does not take effect unless approved by a majority of the registered and qualified electors of this state voting on the question at the general election to be held November 5, 2024. This act must be submitted to the registered and qualified electors of this state at the election as provided by the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992. When submitted to the electors of this state, this act must be presented with the following question:
"APPROVAL OR DISAPPROVAL OF ACT TO PROVIDE A CLEAR AND STREAMLINED PROCESS TO FORFEIT ABUSED ANIMALS THAT ENSURES AN ACCUSED INDIVIDUAL THE RIGHT TO DUE PROCESS.
The act adopted by the Legislature would:
1. Create a procedure for animal forfeiture that streamlines and expedites the forfeiture process in order to keep animals in cages for the least amount of time possible during the pendency of any other adjudication.
2. Provide clear and uniform guidelines in regard to notice and right to a hearing and appeal for individuals whose animals are seized during an animal torture, abuse, neglect, fighting, or similar investigation.
Should this law be approved?
Yes [ ]
No [ ]".
Enacting section 2. If approved by the electors, this act takes effect 10 days after the official declaration of the vote.
