Bill Text: MI SB0386 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Crimes; animals; ownership of animals by a person convicted by certain crimes against animals; require court to prohibit for a period of at least 5 years. Amends secs. 49, 50 & 50b of 1931 PA 328 (MCL 750.49 et seq.).

Spectrum: Slight Partisan Bill (Republican 3-1)

Status: (Introduced - Dead) 2013-10-17 - Referred To Committee Of The Whole With Substitute S-2 [SB0386 Detail]

Download: Michigan-2013-SB0386-Introduced.html

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SENATE BILL No. 386

 

 

May 23, 2013, Introduced by Senators JONES, COLBECK, BIEDA and KOWALL and referred to the Committee on Judiciary.

 

 

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending sections 49, 50, and 50b (MCL 750.49, 750.50, and

 

750.50b), section 49 as amended by 2006 PA 129, section 50 as

 

amended by 2007 PA 152, and section 50b as amended by 2008 PA 339.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 49. (1) As used in this section, "animal" means a

 

vertebrate other than a human being.

 

     (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 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 a period of at least 5 years after the date of

 

sentencing or the date of release from incarceration, whichever is

 

later. 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

 

that attack 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 this 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 be confiscated as contraband by a law enforcement

 

officer and shall not be returned to the owner, trainer, or

 

possessor of the animal. The animal shall 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 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 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 be forfeited to the

 

this 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.

 

     (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 be afforded a period of 60 days within which

 

to examine that money. This 60-day period shall begin 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.

 

     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 a 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) "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.

 

     (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.

 

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

 

liability company, corporation, association, governmental entity,

 

or other legal entity.

 

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

 

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

 

jeopardized.

 

     (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.

 

     (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.

 

     (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.

 

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

 

use of a chain, rope, or similar device.

 

     (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 who has 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 with its 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 if 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.

 

     (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 or security

 

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 be conducted within 14 days of

 

the filing of the civil action, or as soon as practicable. The

 

hearing shall 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

 

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 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 a 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, shall, 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

 

shall order the defendant not to own or possess an animal for any a

 

period of time at least 5 years after the date of sentencing or the

 

date of release from incarceration, whichever is later, including

 

and may order 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.

 

     Sec. 50b. (1) As used in this section, "animal" means any a

 

vertebrate other than a human being.

 

     (2) Except as otherwise provided in this section, a person

 

shall not do any of the following without just cause:

 

     (a) Knowingly kill, torture, mutilate, maim, or disfigure an

 

animal.

 

     (b) Commit a reckless act knowing or having reason to know

 

that the act will cause an animal to be killed, tortured,

 

mutilated, maimed, or disfigured.

 

     (c) Knowingly administer poison to an animal, or knowingly

 

expose an animal to any poisonous substance, with the intent that

 

the substance be taken or swallowed by the animal.

 

     (3) A person who violates subsection (2) 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 more than $5,000.00 for a single animal and

 

$2,500.00 for each additional animal involved in the violation, but

 

not to exceed a total of $20,000.00.

 

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

 

     (4) As a part of the sentence for a violation of subsection

 

(2), the court may order the defendant to pay the costs of the

 

prosecution and the costs of the care, housing, and veterinary

 

medical care for the impacted animal victim, 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 reasons for that

 

action.

 

     (5) If a term of probation is ordered for a violation of

 

subsection (2), the court may include as a condition of that

 

probation that the defendant be evaluated to determine the need for

 

psychiatric or psychological counseling and, if determined

 

appropriate by the court, to receive psychiatric or psychological

 

counseling at his or her own expense.

 

     (6) As a part of the sentence for a violation of subsection

 

(2), the court may shall order the defendant not to own or possess

 

an animal for any a period of time determined by the court, at

 

least 5 years after the date of sentencing or the date of release

 

from incarceration, whichever is later, which and may include order

 

permanent relinquishment of animal ownership.

 

     (7) A person who owns or possesses an animal in violation of

 

an order issued under subsection (6) 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 (6) 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 a fine of not more than $500.00, or both.

 

     (8) This section does not prohibit the lawful killing of

 

livestock or a customary animal husbandry or farming practice

 

involving livestock. As used in this subsection, "livestock" means

 

that term as defined in section 5 of the animal industry act, 1988

 

PA 466, MCL 287.705.

 

     (9) This section does not prohibit the lawful killing of an

 

animal pursuant to 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) Activities authorized under rules promulgated under

 

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

 

MCL 16.109.

 

     (e) Section 19 of the dog law of 1919, 1919 PA 339, MCL

 

287.279.

 

     (10) This section does not prohibit the lawful killing or use

 

of an animal for scientific research under any of the following or

 

a rule promulgated under any of the following:

 

     (a) 1969 PA 224, MCL 287.381 to 287.395.

 

     (b) Sections 2226, 2671, 2676, 7109, and 7333 of the public

 

health code, 1978 PA 368, MCL 333.2226, 333.2671, 333.2676,

 

333.7109, and 333.7333.

 

     (11) 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.