Bill Text: MI HB6255 | 2017-2018 | 99th Legislature | Engrossed
Bill Title: Crimes; animals; crimes involving dog fighting; include other thing of value in prohibition on profiting from dog fights. Amends sec. 49 of 1931 PA 328 (MCL 750.49).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2018-12-06 - Referred To Committee On Judiciary [HB6255 Detail]
Download: Michigan-2017-HB6255-Engrossed.html
HB-6255, As Passed House, December 5, 2018
HOUSE BILL No. 6255
June 12, 2018, Introduced by Rep. Marino and referred to the Committee on Law and 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.
(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, property, or any
other thing of value 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.
(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.
(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
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 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 must be confiscated as contraband by a law
enforcement
officer and shall must not be returned to the owner,
trainer,
or possessor of the animal. The animal shall must be
taken
to a local humane society or other animal welfare 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 agency.
(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 may humanely euthanize the
animal if, in the opinion of that 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.
(18) A humane society or other animal welfare agency that
receives an animal under this section shall apply to the district
court or municipal court for a hearing to determine whether the
animal
shall must 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 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
animal welfare agency, or by a person, firm, partnership,
corporation,
or other entity, shall must
be assessed against the
owner of the animal.
(19) Subject to subsections (16) to (18), all animals being
used or to be used in fighting, equipment, devices, and money
involved
in a violation of subsection (2) shall must be forfeited
to the 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 600.4709.600.4710.
(20) The seizing agency may deposit money seized under
subsection (19) 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.
(21) An attorney for a person who is charged with a violation
of subsection (2) involving or related to money seized under
subsection
(19) shall must be afforded a period of 60 days within
which
to examine that money. This 60-day period shall begin begins
to run after notice of forfeiture is given but before the money is
deposited into a financial institution under subsection (20). 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), the court shall order the return
of the money, including any interest earned on money deposited into
a financial institution under subsection (20).
(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.
(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.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.
