HOUSE BILL NO. 5796
June 06, 2024, Introduced by Rep. Bezotte and referred to the Committee on Criminal Justice.
A bill to amend 1988 PA 426, entitled
"An act to regulate dangerous animals; to provide for the
confinement, identification, or destruction of dangerous animals;
and to provide penalties for the owners or keepers of dangerous
animals that attack human beings,"
by amending the title and sections 1, 2, and 3 (MCL 287.321,
287.322, and 287.323), the title and section 2 as amended by 2022
PA 121, and by adding sections 2a, 2b, 2c, 2d, 2e, 3a, and 3b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 TITLE
2 An act to regulate dangerous animals, potentially dangerous
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1 dogs, and dangerous dogs; to provide for the confinement,
2 identification, or destruction of dangerous animals; to require the
3 owners of potentially dangerous dogs and dangerous dogs to comply
4 with certain requirements; to require the registration of dangerous
5 dogs; to provide for the powers and duties of certain state and
6 local governmental officers and entities; and to provide prohibit
7 certain acts and prescribe certain penalties. for the owners or
8 keepers of dangerous animals that attack human beings.
9 Sec. 1. As used in this act:
10 (a) "Altered" means a dog that has undergone a professional
11 sterilization procedure performed by a veterinarian that rendered
12 the dog incapable of reproducing.
13 (b) "Animal care facility" means an animal shelter or other
14 boarding facility where a dog may be cared for and housed or kept.
15 (c) "Animal control department" means an animal control
16 shelter as that term is defined in section 1 of 1969 PA 287, MCL
17 287.331.
18 (d) "Attack" means the deliberate action of an animal, whether
19 or not in response to a command by its owner, to bite, seize with
20 its teeth, or pursue an individual or domestic animal with the
21 intent to kill, wound, injure, or harm.
22 (e) (a) "Dangerous animal" means a dog or other an animal,
23 other than a dog, that bites or attacks a person, or a dog that
24 bites or attacks and causes serious injury or death to another dog
25 while the other dog is on the property or under the control of its
26 owner. However, a dangerous an individual or domestic animal.
27 Dangerous animal does not include any of the following:
28 (i) An animal that bites or attacks a person an individual who
29 is knowingly trespassing on the property of the animal's owner.
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1 (ii) An animal that bites or attacks a person an individual who
2 provokes or torments the animal.
3 (iii) An animal that is responding in a manner that an ordinary
4 and reasonable person would conclude was designed to protect a
5 person an individual if that person individual is engaged in a
6 lawful activity or is the subject of an assault.
7 (iv) Livestock.
8 (f) "Dangerous dog" means 1 or more of the following, subject
9 to subdivision (g):
10 (i) A dog that has been determined to be a potentially
11 dangerous dog and whose owner has been given notice that the dog is
12 a potentially dangerous dog, if 1 of the following is satisfied:
13 (A) The dog bites, attacks, or threatens the safety of an
14 individual or a domestic animal.
15 (B) The owner maintains the dog in violation of this act.
16 (ii) A dog that kills or inflicts severe injury on an
17 individual without provocation.
18 (iii) A dog that kills a domestic animal or livestock without
19 provocation, if the dog is not on its owner's real property.
20 (iv) A dog that has been used or trained for dog fighting.
21 (v) A dog that has committed at least 3 reported and
22 documented bites without provocation.
23 (g) "Dangerous dog" or "potentially dangerous dog" does not
24 include a dog that threatens, injures, or damages an individual,
25 animal, or property under 1 or more of the following circumstances:
26 (i) An individual was committing a willful trespass or other
27 unlawful conduct on the owner's real property.
28 (ii) An individual was intentionally provoking, tormenting,
29 abusing, or assaulting the dog, its owner, or a family member of
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1 the owner.
2 (iii) An individual was committing or attempting to commit a
3 crime.
4 (iv) A domestic animal or livestock was attacking or menacing
5 the dog.
6 (v) An animal was attacking or menacing the dog while on the
7 owner's real property.
8 (vi) The dog was responding to pain or injury or protecting its
9 offspring.
10 (vii) The dog was protecting or defending an individual within
11 the immediate vicinity of the dog from an attack or assault.
12 (viii) The dog was working as a hunting dog, herding dog, or
13 predator control dog on the owner's real property or under the
14 control of its owner, and the injury or damage was to a species or
15 type of domestic animal appropriate to the work of the dog.
16 (h) "Dog" means a domestic dog of any age of the species Canis
17 lupus familaris.
18 (i) "Domestic animal" means a dog, a cat, poultry, livestock,
19 or any other animal that is kept, bred, bought, sold, or considered
20 by the owner to be a pet.
21 (j) "Impound" means to seize and take into the custody of an
22 animal control department.
23 (k) (b) "Livestock" means animals used for human food and
24 fiber or animals used for service to human beings. humans.
25 Livestock includes, but is not limited to, cattle, swine, sheep,
26 llamas, goats, bison, equine, poultry, and rabbits. Livestock does
27 not include domestic animals. that are human companions, such as
28 dogs and cats.
29 (l) (c) "Owner" means a person an individual who owns, or
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1 harbors, a dog or other keeps, possesses, or has control or custody
2 of a dog or other animal.
3 (m) "Owner's real property" means real property owned or
4 leased by the owner of a dog or other animal. Owner's real property
5 does not include a public right-of-way or a common area of a
6 condominium complex, manufactured home park, apartment complex, or
7 townhouse development.
8 (n) "Potentially dangerous dog" means 1 or more of the
9 following, subject to subdivision (g):
10 (i) A dog that has a known propensity or disposition, as
11 indicated by sworn statements from at least 2 adults and an
12 investigation by an appropriate authority, to attack without
13 provocation and in a menacing fashion or to threaten the safety of
14 humans or domestic animals.
15 (ii) A dog that has inflicted severe injury on a domestic
16 animal or livestock, if the dog inflicted the injury while on
17 property other than its owner's real property.
18 (iii) A dog that bites an individual without provocation and
19 inflicts a severe injury on that individual.
20 (o) (d) "Provoke" means to perform a willful act or omission
21 that an ordinary and reasonable person would conclude is likely to
22 precipitate the a bite or attack by an ordinary a dog or other
23 animal.
24 (e) "Serious injury" means permanent, serious disfigurement,
25 serious impairment of health, or serious impairment of a bodily
26 function of a person.
27 (p) "Severe injury" means a physical injury that results in
28 broken bones, muscle tears, multiple bite wounds, or disfiguring
29 lacerations and requires multiple surgeries or corrective or
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1 cosmetic surgery.
2 (q) "State veterinarian" means the chief animal health
3 official of this state as appointed by the director of the
4 department of agriculture and rural development under section 7 of
5 the animal industry act, 1988 PA 466, MCL 287.707, or the state
6 veterinarian's authorized representative.
7 (r) (f) "Torment" means an act or omission that causes
8 unjustifiable pain, suffering, and distress to an a dog or other
9 animal, or causes mental and emotional anguish in the dog or other
10 animal as evidenced by its altered behavior, for a purpose such as
11 sadistic pleasure, coercion, or punishment that an ordinary and
12 reasonable person would conclude is likely to precipitate the a
13 bite or attack.
14 (s) "Without provocation" means that the victim was behaving
15 lawfully and peacefully at the time the victim was bitten,
16 attacked, or threatened, or chased in a menacing fashion by a dog.
17 Sec. 2. (1) Upon On a sworn complaint that an animal is a
18 dangerous animal and has caused serious injury or death to an
19 individual or has caused serious injury or death to a dog, a
20 district court magistrate, district court, or municipal court shall
21 issue a summons to the owner ordering him or her the owner to
22 appear to show cause why the animal should not be destroyed.
23 (2) Upon On the filing of a sworn complaint as provided in
24 subsection (1), the district court magistrate, district court, or
25 municipal court shall order the owner to immediately turn the
26 animal over to an animal control authority, department,
27 incorporated humane society, veterinarian, or boarding kennel, at
28 the owner's option, to be retained until a hearing is held and a
29 decision is made for the disposition of the animal. The owner shall
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1 notify the person that retains the animal under this subsection of
2 the complaint and order. The owner is responsible for the expense
3 of the boarding and retention of the animal. The animal must not be
4 returned to the owner until the animal has a current rabies
5 vaccination and license as required by law.
6 (3) After a hearing, if the animal is found to be a dangerous
7 animal that caused serious injury or death to an individual or a
8 dog, the district court magistrate, district court, or municipal
9 court shall order the destruction of the animal, at the owner's
10 expense. After a hearing, if the court finds that the animal has
11 been previously adjudicated is a dangerous animal or is found to be
12 a dangerous animal that did not cause serious injury or death to an
13 individual but is likely to cause serious injury or death to an
14 individual in the future, the district court magistrate, district
15 court, or municipal court may order the destruction of the animal,
16 at the owner's expense.
17 (4) If the district court magistrate, district court, or
18 municipal court finds that an animal is a dangerous animal that has
19 not caused serious injury or death to an individual, the district
20 court magistrate, district court, or municipal court shall notify
21 the animal control authority department for the county in which the
22 complaint was filed of all of the following:
23 (a) The finding of the court.
24 (b) The name of the owner of the dangerous animal.
25 (c) The address at which the animal was kept at the time of
26 the finding.
27 (5) If the district court magistrate, district court, or
28 municipal court finds that an animal is a dangerous animal that has
29 not caused serious injury or death to an individual, under
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1 subsection (4), the district court magistrate, district court, or
2 municipal court shall order the owner of that animal to do 1 or
3 more of the following:
4 (a) If the dangerous animal is a member of the Canis lupus
5 familiaris species, have a permanent identification number assigned
6 to the animal, at the owner's expense, by or under the supervision
7 of a veterinarian.
8 (b) Take specific steps, such as escape proof fencing or an
9 enclosure, that includes a top or roof, to ensure that the animal
10 cannot escape or an unauthorized individual cannot enter the
11 premises.
12 (b) (c) Have the animal sterilized.
13 (d) Obtain and maintain liability insurance coverage
14 sufficient to protect the public from any damage or harm caused by
15 the animal.
16 (c) (e) Take any other action appropriate to protect the
17 public.
18 Sec. 2a. On the filing of a sworn complaint that a dog is a
19 potentially dangerous dog or dangerous dog, a district court
20 magistrate, district court, or municipal court shall do both of the
21 following:
22 (a) Issue a summons to the owner ordering the owner to appear
23 to show cause why the dog should not be declared a potentially
24 dangerous dog or dangerous dog.
25 (b) If the dog poses an immediate threat to public safety,
26 order that the animal control department or law enforcement agency
27 impound the dog until a hearing is held and a decision is made for
28 the disposition of the dog at the owner's expense.
29 Sec. 2b. (1) After a hearing under section 2a, if the district
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1 court magistrate, district court, or municipal court finds that a
2 dog is a potentially dangerous dog, the district court magistrate,
3 district court, or municipal court shall order the owner to do all
4 of the following:
5 (a) Have the dog sterilized and vaccinated for rabies.
6 (b) Obtain a license for the dog as provided in the dog law of
7 1919, 1919 PA 339, MCL 287.261 to 287.290.
8 (c) Not later than 30 days after the district court
9 magistrate, district court, or municipal court issues its finding,
10 give written notice of the finding to the local branch of the
11 United States Post Office and all utility companies that provide
12 services to the owner's real property. The owner shall provide a
13 copy of each notice given under this subdivision to the animal
14 control department.
15 (d) Disclose the finding in writing to each provider of
16 service or treatment to the dog. As used in this subdivision,
17 "provider of service or treatment" includes, but is not limited to,
18 the following:
19 (i) An individual authorized to practice veterinary medicine
20 under part 188 of the public health code, 1978 PA 368, MCL
21 333.18801 to 333.18838.
22 (ii) A dog groomer.
23 (iii) A staff member of a humane society or other animal welfare
24 agency.
25 (iv) An animal care facility worker.
26 (v) A professional dog handler or trainer.
27 (e) While on the owner's real property, keep the dog indoors
28 or in a securely fenced yard from which the dog cannot escape and
29 into which children cannot trespass.
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1 (f) While outside the owner's real property, keep the dog
2 under the control of a responsible adult and restrained on a leash
3 that is not more than 6 feet long.
4 (2) Except as provided in subsection (3), after a hearing
5 under section 2a, if the district court magistrate, district court,
6 or municipal court finds that a dog is a dangerous dog and if the
7 release of the dog would pose a significant threat to public
8 health, safety, or welfare, the district court magistrate, district
9 court, or municipal court shall order 1 of the following, and in
10 addition, may prohibit the owner from owning, possessing,
11 controlling, or having custody of a dog for a time period of up to
12 3 years:
13 (a) The owner to relinquish the dog to the animal control
14 department.
15 (b) The animal control department to euthanize the dog.
16 (3) After a hearing under section 2a, if the district court
17 magistrate, district court, or municipal court finds that the dog
18 is a dangerous dog but does not order the dog to be euthanized
19 under subsection (2), the district court magistrate, district
20 court, or municipal court shall order the owner to do all of the
21 following:
22 (a) Complete the requirements under subsection (1)(a) to (d).
23 (b) While on the owner's real property, keep the dog indoors
24 or in a securely enclosed and locked structure of a sufficient
25 height and design to prevent the dog's escape or direct contact
26 with or entry by individuals or other animals, and that is designed
27 to provide shelter from the elements.
28 (c) While outside the owner's real property, the owner shall
29 do all of the following:
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1 (i) Ensure that the dog is wearing a muzzle that prevents the
2 dog from biting an individual or other animal, but that does not
3 injure the dog or interfere with its breathing.
4 (ii) Keep the dog under the control of a responsible adult.
5 (iii) Restrain the dog on a leash that is not more than 6 fe