Bill Text: MI SB0605 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Criminal procedure; prosecuting attorneys; prosecuting attorneys to report charges of animal abuse to department of state police; require for purposes of animal adoption. Amends 1927 PA 175 (MCL 760.1 - 777.69) by adding sec. 1 to ch. XVI. TIE BAR WITH: SB 0603'13, SB 0604'13

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2013-10-08 - Referred To Committee On Judiciary [SB0605 Detail]

Download: Michigan-2013-SB0605-Introduced.html

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SENATE BILL No. 605

 

 

October 8, 2013, Introduced by Senators JONES, BIEDA, KAHN, PAPPAGEORGE, ANANICH, COLBECK, ANDERSON, KOWALL and YOUNG and referred to the Committee on Judiciary.

 

 

 

     A bill to amend 1927 PA 175, entitled

 

"The code of criminal procedure,"

 

(MCL 760.1 to 777.69) by adding section 1 to chapter XVI.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

CHAPTER XVI

 

     Sec. 1. If person is charged with committing an animal abuse

 

offense, the prosecuting attorney handing that case shall promptly

 

notify the department of state police that the individual has been

 

charged with that animal abuse offense. The information shall be

 

provided to the department of state police in the manner required

 

by the department of state police. The department of state police

 

shall enter the information obtained under this section into the

 

department's criminal history database for purposes of providing

 

that information through ICHAT to animal control shelters and

 

animal protection shelters under section 8c of 1969 PA 287, MCL

 

287.338c. As used in this section:

 

     (a) "Animal abuse offense" means 1 or more of the following,

 

but does not include the lawful use of an animal to hunt or to

 

participate in field trials:

 

     (i) A violation of section 49 of the Michigan penal code, 1931

 

PA 328, MCL 750.49.

 

     (ii) A violation of section 50 of the Michigan penal code, 1931

 

PA 328, MCL 750.50.

 

     (iii) A violation of section 50a of the Michigan penal code,

 

1931 PA 328, MCL 750.50a.

 

     (iv) A violation of section 50b of the Michigan penal code,

 

1931 PA 328, MCL 750.50b.

 

     (v) A violation of section 50c of the Michigan penal code,

 

1931 PA 328, MCL 750.50c.

 

     (vi) A violation of section 158 of the Michigan penal code,

 

1931 PA 328, MCL 750.158, if the violation arose out of a crime

 

against nature with an animal.

 

     (vii) A violation of a local ordinance substantially

 

corresponding to a violation described in subparagraphs (i) to (vi).

 

     (viii) An attempt or conspiracy to commit an offense described

 

in subparagraphs (i) to (vii).

 

     (b) "ICHAT" means the internet criminal history access tool

 

maintained by the department of state police.

 

     (c) "Prosecuting attorney" means any of the following:

 

     (i) The state attorney general or an assistant attorney

 

general.

 

     (ii) A county prosecuting attorney or an assistant county

 

prosecuting attorney.

 

     (iii) The attorney for a village, city, or township or an

 

assistant attorney for a village, city, or township.

 

     Enacting section 1. This amendatory act does not take effect

 

unless all of the following bills of the 97th Legislature are

 

enacted into law:

 

     (a) House Bill No. 4534.

 

     (b) Senate Bill No. 603.                                 

 

         

 

     (c) Senate Bill No. 604.