HOUSE BILL NO. 5877
June 27, 2024, Introduced by Rep. Martus and referred to the Committee on Criminal Justice.
A bill to require individuals convicted of certain offenses
against animals to be on a registry; to provide for the powers and
duties of certain departments and agencies in connection with the
registry; to prohibit certain individuals from owning, possessing,
using, buying, selling, offering to buy or sell, importing,
exporting, or handling animals and to prescribe penalties; and to
provide for a referendum.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 1. This act may be cited as the "animal abuser registry
2 act".
3 Sec. 2. As used in this act:
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1 (a) "Animal" and "animal control agency" mean those terms as
2 defined in section 49 of the Michigan penal code, 1931 PA 328, MCL
3 750.49.
4 (b) "Animal fighting" means a violation as defined in section
5 49 of the Michigan penal code, 1931 PA 328, MCL 750.49.
6 (c) "Convicted" means 1 or more of the following:
7 (i) Having a judgment of conviction or a probation order
8 entered in any court that has jurisdiction over criminal offenses,
9 including, but not limited to, a tribal court or a military court.
10 Convicted does not include a conviction that was subsequently set
11 aside under 1965 PA 213, MCL 780.621 to 780.624, or otherwise
12 expunged.
13 (ii) Except as otherwise provided in this subparagraph, being
14 assigned to youthful trainee status under the Holmes youthful
15 trainee act, sections 11 to 15 of chapter II of the code of
16 criminal procedure, 1927 PA 175, MCL 762.11 to 762.15. An
17 individual who is assigned to and successfully completes a term of
18 supervision under the Holmes youthful trainee act, sections 11 to
19 15 of chapter II of the code of criminal procedure, 1927 PA 175,
20 MCL 762.11 to 762.15, is not convicted for purposes of this act.
21 This subparagraph does not apply if a petition was granted under
22 section 11 at any time allowing the individual to discontinue
23 registration under this act.
24 (d) "Department" means the department of state police.
25 (e) "Felony" means, except as otherwise provided in this
26 subdivision, that term as defined in section 1 of chapter I of the
27 code of criminal procedure, 1927 PA 175, MCL 761.1, or a violation
28 of a law of the United States or another state that is designated
29 as a felony or that is punishable by death or by imprisonment for
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1 more than 1 year. Felony does not include a violation of a penal
2 law of this state that is expressly designated as a misdemeanor.
3 (f) "Listed animal offense" means any of the following
4 offenses:
5 (i) Section 3 of 1988 PA 426, MCL 287.323.
6 (ii) Section 29 of 1982 PA 239, MCL 287.679.
7 (iii) Section 15 of the wolf-dog cross act, 2000 PA 246, MCL
8 287.1015.
9 (iv) Section 49, 50, 50a, 50b, 50c, 57, 60, 61, 437, or 467 of
10 the Michigan penal code, 1931 PA 328, MCL 750.49, 750.50, 750.50a,
11 750.50b, 750.50c, 750.57, 750.60, 750.61, 750.437, and 750.467.
12 (v) For an animal victim, section 158 of the Michigan penal
13 code, 1931 PA 328, MCL 750.158.
14 (vi) For racketeering involving animal fighting, section 159i
15 of the Michigan penal code, 1931 PA 328, MCL 750.159i.
16 (vii) A violation of section 15.
17 (viii) Except as provided in section 16, any other violation of
18 a law of this state or a local ordinance of a municipality, that by
19 its nature involves unlawful harm to an animal.
20 (g) "Local law enforcement agency" means the police department
21 of a locality other than the department of state police.
22 (h) "Misdemeanor" means a violation of a penal law of this
23 state or violation of a local ordinance substantially corresponding
24 to a violation of a penal law of this state that is not a felony or
25 a violation of an order, rule, or regulation of a state agency that
26 is punishable by imprisonment, a fine that is not a civil fine, or
27 both.
28 (i) "Registry period" means the amount of time determined
29 under section 3 that an individual must appear on the animal abuser
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1 registry after conviction for a listed animal offense.
2 Sec. 3. (1) The following individuals who are domiciled or
3 temporarily reside in this state or who work with or without
4 compensation or are students in this state are required to be
5 registered on the animal abuser registry under this act:
6 (a) An individual who is convicted of a listed animal offense
7 after the effective date of this act.
8 (b) An individual from another state who is required to
9 register or otherwise be identified as an animal abuser under a
10 comparable statute of that state on or after the effective date of
11 this act.
12 (2) A nonresident who is convicted of a listed animal offense
13 in this state on or after the effective date of this act who is not
14 otherwise described in subsection (1) is required to be registered
15 under this act.
16 (3) Except as otherwise provided in this act, an individual
17 under subsection (1) must be registered for a registry period as
18 follows:
19 (a) 2 years for a misdemeanor listed animal offense
20 conviction.
21 (b) 5 years for a felony listed animal offense conviction.
22 (c) 7 years for a felony listed animal offense conviction
23 after 1 prior felony listed animal offense conviction.
24 (d) The individual's lifetime for a felony listed animal
25 offense conviction after 2 or more prior felony listed animal
26 offense convictions.
27 (4) An individual registered under this section shall not own,
28 possess, use, buy, sell, offer to buy or sell, import, export, or
29 handle an animal during the registry period, unless the individual
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1 is removed from the registry under section 10 or released from this
2 requirement under section 11.
3 Sec. 4. (1) If an individual pleads guilty or nolo contendere
4 to or is found guilty by other adjudication of a listed animal
5 offense but alleges that the individual is not required to register
6 under this act and the prosecuting attorney disputes that
7 allegation, the court shall conduct a hearing on the matter before
8 sentencing or disposition to determine whether the individual is
9 required appear on the registry under this act.
10 (2) The individual has the burden to prove by a preponderance
11 of the evidence in a hearing under this section that the
12 individual's conduct falls within an exception to this act as
13 provided in this act, other state or federal law, or a regulation
14 and that, as a result of the exception, the individual is not
15 required to appear on the registry under this act.
16 (3) The rules of evidence, except for those pertaining to
17 privileges and protections set forth in section 520j of the
18 Michigan penal code, 1931 PA 328, MCL 750.520j, do not apply to a
19 hearing under this section.
20 (4) The court's decision to excuse or require the individual's
21 appearance on the registry is a final order of the court and may be
22 appealed by the prosecuting attorney or the individual as a matter
23 of right.
24 (5) This section applies to criminal prosecutions authorized
25 by criminal complaint filed and to criminal cases brought on and
26 after the effective date of this act.
27 Sec. 5. (1) The court shall notify an individual that the
28 individual shall not own, possess, use, buy, sell, offer to buy or
29 sell, import, export, or handle an animal while on the registry,
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1 and the duration of the individual's registry period under this act
2 at both of the following, as applicable:
3 (a) Before the court accepts an individual's plea to a listed
4 animal offense.
5 (b) At sentencing for an individual convicted of a listed
6 animal offense.
7 (2) If, on or after the effective date of this act, an
8 individual is convicted of a listed animal offense and required to
9 register under section 3(1)(a) or (2), the court shall refer the
10 individual to the probation department before the individual is
11 sentenced. The probation department shall obtain and verify the
12 information required for the registry under sections 8 and 9.
13 (3) For an individual convicted of a listed animal offense on
14 or after the effective date of this act and required to register
15 under section 3(1)(a) or (2), both of the following apply:
16 (a) Except as provided in subdivision (b) and subsection (4),
17 a probation agent shall register the individual upon entry of the
18 order of conviction or other applicable order.
19 (b) If the individual's probation or parole is transferred to
20 this state after the effective date of this act, the probation or
21 parole agent shall register the individual not later than 7 days
22 after the transfer.
23 (4) Not later than 14 days after an individual is required to
24 register under section 3(1)(b), the individual shall appear in
25 person and notify the department. The department shall obtain and
26 verify the information required for the registry under sections 8
27 and 9.
28 Sec. 6. (1) If an individual is required to appear on the
29 registry, the probation department officer or other authorized
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1 employee shall verify any information required for the registry
2 under sections 8 and 9. If available, a photograph of the
3 individual may be obtained by a probation officer or authorized
4 employee from any available source, including a law enforcement
5 database. The probation officer or authorized employee shall
6 determine whether the individual's photograph matches the
7 appearance of the individual sufficiently to properly identify the
8 individual from the photograph. If the photograph does not
9 sufficiently match the appearance of the individual or is
10 unavailable, the probation officer or authorized employee shall do
11 1 of the following:
12 (a) Take a photograph the individual at the time of the
13 presentence report investigation.
14 (b) Notify and require the individual to obtain and provide a
15 current photograph not later than 7 days after the individual
16 receives the notice.
17 (2) After all of the verified information has been collected,
18 the probation officer or authorized employee shall sign and date a
19 verification receipt. The probation officer or authorized employee
20 shall send a copy of the signed receipt showing the date of
21 verification to the individual. The probation officer or authorized
22 employee shall forward verification information to the department
23 in the manner the department prescribes. The department shall
24 revise the law enforcement database and public website maintained
25 under section 9 as necessary and indicate on the public website
26 that the information has been verified.
27 (3) The department shall prescribe the form for the notices
28 and verification procedures required under this act.
29 (4) Upon entry of an order or disposition into the law
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1 enforcement information network, the department shall immediately
2 send written notice of that entry to the individual who is the
3 subject of the order or disposition by first-class mail to the last
4 known address of the individual. The notice must include, but is
5 not limited to, all of the following:
6 (a) The name of the individual.
7 (b) The date the order or disposition was entered into the law
8 enforcement information network.
9 (c) A statement that the individual cannot own, possess, use,
10 buy, sell, offer to buy or sell, import, export, or handle an
11 animal during the registry period, unless the individual is removed
12 from the registry under section 10 or released from this
13 requirement under section 11.
14 (d) A copy of the information to be included on the registry
15 under sections 8 and 9.
16 (e) A statement that the individual may request that the state
17 police correct or expunge inaccurate information entered into the
18 law enforcement information network or on the public website.
19 Sec. 7. (1) An individual who is registered and entered into
20 the law enforcement information network under this act may request
21 that the department do either of the following:
22 (a) Amend inaccurate information entered into the law
23 enforcement information network under this act.
24 (b) If the individual is mistakenly identified or subject to
25 the requirements of this act in error, expunge the individual's
26 name and any necessary entries to remove the reference to the
27 individual from the law enforcement information network.
28 (2) Not later than 60 days after a request is made to amend
29 the law enforcement information network under subsection (1), the
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1 department shall investigate the accuracy of the information
2 contained in the law enforcement information network, determine
3 whether to grant or deny the individual's request, and provide the
4 individual with written notice of the determination. The department
5 shall include in a notice of denial a statement specifying the
6 basis of the denial, and that an individual may appeal the denial
7 in accordance with the administrative procedures act of 1969, 1969
8 PA 306, MCL 24.201 to 24.328.
9 (3) If the department denies a request under subsection (1) or
10 fails to provide a determination or provides a determination later
11 than 60 days after receiving the request under subsection (2), the
12 individual may request a hearing before a hearing officer appointed
13 by the department to determine whether the information entered into
14 the law enforcement information network should be amended or
15 expunged as inaccurate or false. The department shall conduct the
16 hearing in accordance with the administrative procedures act of
17 1969, 1969 PA 306, MCL 24.201 to 24.328.
18 Sec. 8. (1) Registrant information obtained under this act
19 must be forwarded to the department by the probation department in
20 a format prescribed by the department. All of the following
21 information must be obtained or otherwise provided for registration
22 purposes:
23 (a) The individual's legal name and any aliases, nicknames,
24 ethnic or tribal names, or other names by which the individual is
25 or has been known. An individual who is in a witness protection and
26 relocation program is only required to use the name and identifying
27 information reflecting the individual's new identity in a
28 registration under this act. The registration and compilation
29 databases must not contain any information identifying the
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1 individual's prior identity or locale.
2 (b) The individual's Social Security number and any Social
3 Security numbers or alleged Social Security numbers previously used
4 by the individual.
5 (c) The individual's date of birth and any alleged dates of
6 birth previously used by the individual.
7 (d) A brief summary of the individual's convictions for listed
8 animal offenses that occurred on or after the effective date of
9 this act, including where the offense occurred and the original
10 charge if the conviction was for a lesser offense.
11 (e) The individual's photograph obtained under section 6 or
12 subsection (3).
13 (2) The officer, court, or an employee of the agency
14 registering the individual shall sign the registration form and
15 send a registration and notice to the last known address of the
16 individual.
17 (3) If an individual is required to register for the
18 individual's lifetime under section 3(3)(d), the individual shall
19 appear in person at the department and allow the department to
20 obtain an updated photograph for the registry every 5 years after
21 conviction as prescribed by the department.
22 (4) The department shall prescribe the form for a registration
23 and notification required under this section and the format for
24 forwarding the notification to the department.
25 (5) The department shall promptly provide registration,
26 notice, and verification information to local law enforcement
27 agencies, sheriff's departments, department posts, and other
28 registering jurisdictions.
29 Sec. 9. (1) The department shall maintain a computerized law
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