Bill Text: MI HB6034 | 2017-2018 | 99th Legislature | Introduced

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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 6031'18

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2018-05-22 - Bill Electronically Reproduced 05/17/2018 [HB6034 Detail]

Download: Michigan-2017-HB6034-Introduced.html

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HOUSE BILL No. 6034

 

 

May 17, 2018, Introduced by Reps. Gay-Dagnogo, Wittenberg, Chang, Geiss, Sneller, Cambensy, Sabo, Lasinski, Garrett, Pagan, Moss, Durhal, Yancey, Ellison, Green, Yanez, Byrd, Chirkun and Jones 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 2007 PA 152.

 

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 any 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 any ordinance of

 

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

 

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

 

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

 

     (f) (e) "Licensed veterinarian" means a person licensed to

 

practice veterinary medicine under article 15 of the public health

 

code, 1978 PA 368, MCL 333.16101 to 333.18838.

 

     (g) (f) "Livestock" means that term as defined in the animal

 

industry act, of 1987, 1988 PA 466, MCL 287.701 to 287.747.287.746.

 

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

 

liability company, corporation, association, governmental entity,

 

or other legal entity.

 

     (i) (h) "Neglect" means to fail to sufficiently and properly

 

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

 

jeopardized.

 

     (j) (i) "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.

 

     (k) (j) "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 shall 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.

 

     (l) (k) "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.

 

     (m) (l) "Tethering" means the restraint and confinement of a

 

dog by use of a chain, rope, or similar device.

 

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

 

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

 

333.18830.

 

     (o) (m) "Water" means potable water that is suitable for the

 

age and species of animal that is made regularly available unless

 

otherwise directed by a licensed veterinarian.

 

     (2) An owner, possessor, 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.

 

     (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 in an animal involved in the

 

pending action. 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 who did not have prior knowledge

of, or 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 shall must be conducted within 14 days of the filing of

 

the civil action, or as soon as practicable. The hearing shall 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 shall 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 money 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) and (d),

 

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) and (d),

 

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 or the person

 

had 2 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 4 years.

 

     (ii) A fine of not more than $5,000.00.

 

     (iii) Community service for not more than 500 hours.

 

     (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 shall 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 by a fine of not more than $500.00, or both.

 

     (11) 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) Activities authorized under rules promulgated under

 

section 9 of the executive organization act of 1965, 1965 PA 380,

 

MCL 16.109.

 

     (h) Scientific research under 1969 PA 224, MCL 287.381 to

 

287.395.

 

     (i) Scientific research 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.

 

     (12) 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. 6031 (request no.

04430'17) of the 99th Legislature is enacted into law.