Legislative Analysis
Phone: (517) 373-8080
SENTENCING GUIDELINES FOR CRIMES
http://www.house.mi.gov/hfa
INVOLVING COMPANION ANIMALS
Analysis available at
House Bill 5587 as reported http://www.legislature.mi.gov
Sponsor: Rep. Stephanie A. Young
House Bill 5588 as reported
Sponsor: Rep. Veronica A. Paiz
House Bill 5589 (H-1) as reported
Sponsor: Rep. Joseph A. Aragona
House Bill 5590 as reported House Bill 5592 as reported
Sponsor: Rep. Penelope Tsernoglou Sponsor: Rep. Brenda Carter
House Bill 5591 as reported House Bill 5593 as reported
Sponsor: Rep. Mike McFall Sponsor: Rep. Pat Outman
Committee: Criminal Justice
Revised 6-20-24
SUMMARY:
House Bills 5587 to 5593 would each amend the sentencing guidelines in Chapter XVII of the
Code of Criminal Procedure to add new offense variable scoring guidelines for offenses that
involve pets or service animals.
House Bill 5588 would define the term companion animal, as used in Chapter XVII of the
code (i.e., in the bills described below), to mean any of the following:
• An animal that is commonly considered to be a pet (such as a cat or a dog).
• An animal that is considered by its owner to be a pet.
• A service animal as defined in federal regulations, 1 where it generally means a dog that
is individually trained to do work or perform tasks for the benefit of a person with a
disability that are directly related to that person’s disability.
• A miniature horse that has been individually trained to do work or perform tasks as
described in the federal regulations for service animals referenced above.
MCL 777.1
House Bill 5590 would amend the instructions for scoring offense variable 1 (aggravated use
of a weapon). Offense variable 1 is scored for crimes against a person, crimes against property,
crimes involving a controlled substance, crimes against public order, crimes against public
trust, and crimes against public safety, as those categories are defined and assigned under the
code. (See Background, below.) The instructions include descriptions of different factual
elements that may apply to the commission of the sentencing offense (things the offender might
have done while committing the crime they are being sentenced for) and assign points to each
1
https://www.ecfr.gov/current/title-28/chapter-I/part-36/subpart-A/section-36.104
Also see: https://www.ada.gov/topics/service-animals/
House Fiscal Agency Page 1 of 8
 one. The offense variable is scored by determining which elements apply and assessing the
points for the applicable one with the highest number of points. For example, if a weapon was
displayed or implied during the commission of the sentencing offense, 5 points are assigned.
If a firearm was fired at a person, 25 points are assigned. If both apply, then the higher number
is scored (in this example, 25 points). In addition, in cases where there are multiple offenders
being sentenced for the same offense, if any one of them is assigned points under offense
variable 1, then all of them are assessed the same number of points. Finally, points are not
scored for armed robbery or assault with a deadly weapon.
The bill would add provisions assigning points for elements of an offense that involve
companion animals and the aggravated use of a weapon, as shown in the table below. Because
the descriptions of the added circumstances parallel those that now apply to humans, those
current provisions are shown as a point of comparison. However, the bill would not change the
substance or scores of those current provisions.
Offense Variable 1: Aggravated Use of a Weapon
Current law (retained by bill) Proposed HB 5590 additions
A firearm was discharged at 25 points A firearm was discharged at 15 points
or toward a human being or toward a companion
animal
A victim was cut or stabbed 25 points A companion animal was 15 points
with a knife or other cutting cut or stabbed with a knife
or stabbing weapon or other cutting or stabbing
weapon
The victim was subjected or 20 points A companion animal was 10 points
exposed to a harmful subjected or exposed to a
biological device, harmful harmful biological device,
biological substance, harmful harmful biological
chemical device, harmful substance, harmful chemical
chemical substance, harmful device, harmful chemical
radioactive device, harmful substance, harmful
radioactive material, radioactive device, harmful
incendiary device, or radioactive material,
explosive device incendiary device, or
explosive device
The victim was touched by 10 points The companion animal was 5 points
any other type of weapon touched by any other type of
weapon
A weapon was displayed or 5 points
implied
No aggravated use of a 0 points
weapon occurred
MCL 777.31
House Fiscal Agency HBs 5587 to 5593 as reported Page 2 of 8
 House Bill 5587 would amend the instructions for scoring offense variable 3 (physical injury
to a victim). Offense variable 3 is scored for crimes against a person, crimes against property,
crimes involving a controlled substance, crimes against public order, crimes against public
trust, and crimes against public safety. The instructions include descriptions of different factual
elements that may apply to the commission of the sentencing offense and assign points to each
one. The offense variable is scored by determining which elements apply and assessing the
points for the applicable one with the highest number of points. In cases where there are
multiple offenders being sentenced for the same offense, if any one of them is assigned points
under offense variable 3, then all of them must be assessed the same number of points. In
reference to the table below, 100 points are scored only if death results from the commission
of the crime and homicide is not the sentencing offense. The bill would similarly provide that
50 points are scored for the death of a companion animal resulting from the crime only if killing
a companion animal is not the sentencing offense. In addition, if bodily injury is an element of
the sentencing offense, the instructions now say to not score 5 points. The bill would specify
that this applies in cases of bodily injury to a victim.
The bill would add provisions assigning points for elements of an offense that involve physical
injury to a companion animal, including death, as shown in the table below. Because the
descriptions of the added circumstances parallel those that now apply to humans, those current
provisions are shown as a point of comparison. However, the bill would not change the
substance or scores of those current provisions.
Offense Variable 3: Physical Injury to a Victim [or Companion Animal]
Current law (retained by bill) Proposed HB 5587 additions
A victim was killed from the 100 points A companion animal was 50 points
commission of a crime and killed from the commission
homicide is not the of a crime and killing a
sentencing offense companion animal is not the
sentencing offense
A victim was killed as the 50 points A companion animal was 25 points
result of a crime involving killed as the result of a crime
the operation of a vehicle or involving the operation of a
other form of transportation vehicle or other form of
and the offender was transportation and the
impaired, under the offender was impaired,
influence, or had specified under the influence, or had
amounts of alcohol or a specified amounts of alcohol
controlled substance or a controlled substance
Life-threatening or 25 points Life-threatening or 15 points
permanent incapacitating permanent incapacitating
injury occurred to a victim injury occurred to a
companion animal
Bodily injury requiring 10 points Bodily injury requiring 5 points
medical treatment occurred to medical treatment occurred
a victim to a companion animal
House Fiscal Agency HBs 5587 to 5593 as reported Page 3 of 8
 Bodily injury not requiring 5 points
medical treatment occurred to
a victim
No physical injury occurred 0 points
to a victim
MCL 777.33
House Bill 5589 would amend the instructions for scoring offense variable 7 (aggravated
physical abuse). Offense variable 7 is now scored for crimes against a person, and under HB
5592 would also be scored for crimes against property. The instructions include descriptions
of different factual elements that may apply to the commission of the sentencing offense and
assign points to each one. The offense variable is scored by determining which elements apply
and assessing the points for the applicable one with the highest number of points. Points are
assessed for each person who was placed in danger of injury or loss of life. The bill would
provide for points to be assessed for each companion animal that was placed in such danger.
The bill would add a provision assigning points for elements of an offense that involve
aggravated physical abuse, as shown below. Because the added description parallels the
provision that now applies to humans, that current provision is shown as a point of comparison.
The bill would not change the substance or score of that provision.
Offense Variable 7: Aggravated Physical Abuse
Current law (retained by bill) Proposed HB 5589 additions
A victim was treated with 50 points A companion animal was 25 points
sadism, 2 torture, excessive treated with sadism, torture,
brutality, or similarly excessive brutality, or
egregious conduct designed similarly egregious conduct
to substantially increase the designed to substantially
fear and anxiety a victim increase the fear and anxiety
suffered during the offense a companion animal
suffered during the offense
No victim was treated with 0 points No companion animal was 0 points
sadism, torture, excessive treated with sadism, torture,
brutality, or similarly excessive brutality, or
egregious conduct designed similarly egregious conduct
to substantially increase the designed to substantially
fear and anxiety a victim increase the fear and anxiety
suffered during the offense a victim suffered during the
offense
MCL 777.37
2
Sadism means conduct that subjects a victim [or, under the bill, a companion animal] to extreme or prolonged pain
or humiliation and is inflicted to produce suffering or for the offender’s gratification.
House Fiscal Agency HBs 5587 to 5593 as reported Page 4 of 8
 House Bill 5591 would amend the instructions for scoring offense variable 9 (number of
victims). Offense variable 9 is scored for crimes against a person, crimes against property,
crimes against public order, crimes against public trust, and crimes against public safety. Points
are assessed for each person who was placed in danger of physical injury, loss of life, or loss
of property. Similarly, the bill would provide for points to be assessed for each companion
animal that was placed in such danger, as shown in the table below. Because the added
provisions are based on those that now apply to humans, those current provisions are shown as
a point of comparison. However, the bill would not change the substance or scores of those
current provisions.
Offense Variable 9: Number of Victims
Current law (retained by bill) Proposed HB 5591 additions
Multiple deaths occurred 100 points Multiple companion animals 50 points
(only scored in homicide were killed
cases)
10 or more victims were 25 points 10 or more companion 15 points
placed in danger of physical animals were placed in
injury or death, or 20 or more danger of physical injury or
in danger of property loss death
2 to 9 victims were placed in 25 points 2 to 9 companion animals 15 points
danger of physical injury or were placed in danger of
death, or 4 to 19 in danger of physical injury or death
property loss
There were fewer than 2 0 points
victims who were placed in
danger of physical injury or
death, or fewer than 4 victims
who were placed in danger of
property loss
MCL 777.39
House Bill 5593 would amend the instructions for scoring offense variable 11 (criminal sexual
penetration). Offense variable 11 is now scored for crimes against a person, and under HB 5592
would also be scored for crimes against property. Points are scored for all sexual penetrations
of the victim by the offender arising out of the sentencing offense. Multiple sexual penetrations
of the victim extending beyond that offense can be scored in offense variable 12 or 13, which
respectively address felonious acts committed at the same time and a continuing pattern of
criminal behavior. These provisions would apply to sexual penetration of a companion animal
under the bill.
Points are not scored for the one penetration that forms the basis of a first- or third-degree
criminal sexual conduct offense, and under the bill would not be scored for the one penetration
House Fiscal Agency HBs 5587 to 5593 as reported Page 5 of 8
 that forms the basis of an offense against a companion animal under section 158 of the
Michigan Penal Code, which prohibits bestiality. 3
Because the added provisions parallel those that now apply to humans, those current provisions
are shown in the table below as a point of comparison. However, the bill would not change the
substance or scores of those current provisions.
Offense Variable 11: Criminal Sexual Penetration
Current law (retained by bill) Proposed HB 5593 additions
Two or more criminal sexual 50 points Two or more criminal sexual 25 points
penetrations occurred penetrations of a companion
animal occurred
One criminal sexual 25 points One criminal sexual 15 points
penetration occurred penetration of a companion
animal occurred
No criminal sexual 0 points
penetration occurred
MCL 777.41
House Bill 5592 would provide for offense variables 7 (aggravated physical abuse) and 11
(criminal sexual penetration) to be scored against all felonies classified as crimes against
property under the sentencing guidelines.
MCL 777.22
BACKGROUND:
Michigan uses an indeterminate sentencing system under which the maximum term of
imprisonment that may be imposed for an offense is establis