Bill Text: MI HB6024 | 2023-2024 | 102nd Legislature | Introduced
Bill Title: Crimes: animals; appointment of a pro bono lawyer or law student to act as an animal advocate in animal cruelty and welfare cases; allow. Amends 1931 PA 328 (MCL 750.1 - 750.568) by adding sec. 50d.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2024-10-16 - Bill Electronically Reproduced 10/16/2024 [HB6024 Detail]
Download: Michigan-2023-HB6024-Introduced.html
HOUSE BILL NO. 6024
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) In a criminal prosecution related to the treatment of an animal under this chapter or a criminal prosecution related to the welfare or custody of an animal under the laws of this state, the court may appoint, on the court's own motion or the motion of any party, a volunteer advocate to represent the interests of the animal or the interests of justice. If a court orders the appointment of a volunteer advocate under this section, the court shall appoint the volunteer advocate from a list as described in subsection (3), provided to the court by the State Bar of Michigan or the State Bar of Michigan's designee. A decision by the court denying a request to appoint a volunteer advocate under this section is not subject to appeal.
(2) A volunteer advocate appointed by the court under subsection (1) may do any of the following:
(a) Monitor the case.
(b) Consult an individual with information that may aid the judge or fact finder and review records relating to the condition of the animal and a defendant's actions, including, but not limited to, records from an animal control officer, veterinarian, or police officer.
(c) Attend hearings.
(d) If necessary and appropriate, recommend and coordinate appropriate expert testimony.
(e) Make recommendations related to animal placement.
(f) Prepare and present a victim impact statement on behalf of the animal.
(g) Present other information or recommendations to the court that are related to a determination of the interests of the animal or the interests of justice. The information and recommendations permitted under this subdivision are limited to information and recommendations that are relevant to the duties undertaken under this subsection.
(3) The list provided to the court under subsection (1) must include both of the following:
(a) The name and contact information of attorneys licensed to practice law in this state who have knowledge of animal issues in the legal system and are willing and eligible to be a volunteer advocate under this section.
(b) The name and contact information of the law schools in this state that have a clinical program that enrolls law students, or anticipates enrolling law students, who have an interest in animal issues in the legal system and that are willing to have the law students enrolled in the clinical program meet the requirements under this section and participate as volunteer advocates as part of the clinical program.
(4) An attorney or law student must complete a training that is approved by the State Bar of Michigan or the State Bar of Michigan's designee before being eligible to serve as a volunteer advocate under this section. A law student who participates as a volunteer advocate under this section is subject to the Michigan Rules of Professional Conduct.
(5) As used in this section:
(a) "Animal" means a vertebrate other than a human.
(b) "Clinical program" means a law school program that allows students to earn law school credit for performing legal services under attorney faculty supervision.
(c) "Law school" means a law school accredited by the American Bar Association located in this state.
(d) "Volunteer" means that the attorney or law student advocate does not receive monetary payment or reimbursement from the court. A volunteer may, however, receive pro bono hours or law school credit under this section.
Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted into law.
