HOUSE BILL NO. 5875
June 27, 2024, Introduced by Rep. Martus and referred to the Committee on Criminal Justice.
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 2019 PA 176, section 50 as
amended by 2019 PA 135, and section 50b as amended by 2018 PA 452.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 49. (1) As used in this section:
2 (a) "Animal" means a vertebrate other than a human being.
3 (b) "Animal control agency" means an animal control shelter,
4 an animal protection shelter, or a law enforcement agency. As used
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1 in this subdivision, "animal control shelter" and "animal
2 protection shelter" mean those terms as defined in section 1 of
3 1969 PA 287, MCL 287.331.
4 (2) A person shall not knowingly do any of the following:
5 (a) Own, possess, use, buy, sell, offer to buy or sell,
6 import, or export an animal for fighting or baiting, or as a target
7 to be shot at as a test of skill in marksmanship.
8 (b) Be a party to or cause the fighting, baiting, or shooting
9 of an animal as described in subdivision (a).
10 (c) Rent or otherwise obtain the use of a building, shed,
11 room, yard, ground, premises, vehicle, or any other venue for
12 fighting, baiting, or shooting an animal as described in
13 subdivision (a).
14 (d) Permit the use of a building, shed, room, yard, ground,
15 premises, vehicle, or any other venue belonging to him or her or
16 under his or her control for any of the purposes described in this
17 section.
18 (e) Organize, promote, or collect money, property, or any
19 other thing of value for the fighting, baiting, or shooting of an
20 animal as described in subdivisions (a) to (d).
21 (f) Be present at a building, shed, room, yard, ground,
22 premises, vehicle, or any other venue where preparations are being
23 made for an exhibition described in subdivisions (a) to (d), or be
24 present at the exhibition, knowing that an exhibition is taking
25 place or about to take place.
26 (g) Breed, buy, sell, offer to buy or sell, exchange, import,
27 or export an animal the person knows has been trained or used for
28 fighting as described in subdivisions (a) to (d), or breed, buy,
29 sell, offer to buy or sell, exchange, import, or export the
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1 offspring of an animal the person knows has been trained or used
2 for fighting as described in subdivisions (a) to (d). This
3 subdivision does not prohibit owning, breeding, buying, selling,
4 offering to buy or sell, exchanging, importing, or exporting an
5 animal for agricultural or agricultural exposition purposes as
6 prescribed by law. This subdivision does not prohibit an animal
7 control agency from owning, adopting, or transferring ownership of
8 an animal for the purpose of adoption of an animal trained or used
9 for fighting as described in subdivisions (a) to (d) or an animal
10 that is the first- or second-generation offspring of an animal
11 trained or used for fighting as described in subdivisions (a) to
12 (d), or through appropriate forfeiture proceedings. If an animal is
13 found fit for placement and is transferred or adopted, the animal
14 control agency that transfers or adopts the animal shall do all of
15 the following:
16 (i) Sterilize the animal or collect a good-faith deposit for
17 sterilization as required under section 8a of 1969 PA 287, MCL
18 287.338a.
19 (ii) Provide a copy of the animal's history, including, but not
20 limited to, a description of why the animal was seized, veterinary
21 records, and a copy of subsections (8) to (14) to the person to
22 whom the animal is transferred or adopted.
23 (h) Own, possess, use, buy, sell, offer to buy or sell,
24 transport, or deliver any device or equipment intended for use in
25 the fighting, baiting, or shooting of an animal as described in
26 subdivisions (a) to (d).
27 (3) A person who violates subsection (2)(a) to (e) is guilty
28 of a felony punishable by 1 or more of the following:
29 (a) Imprisonment for not more than 4 years.
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1 (b) A fine of not less than $5,000.00 or more than $50,000.00.
2 (c) Not less than 500 or more than 1,000 hours of community
3 service.
4 (4) A person who violates subsection (2)(f) to (h) is guilty
5 of a felony punishable by 1 or more of the following:
6 (a) Imprisonment for not more than 4 years.
7 (b) A fine of not less than $1,000.00 or more than $5,000.00.
8 (c) Not less than 250 or more than 500 hours of community
9 service.
10 (5) The court may order a person convicted of violating this
11 section to pay the costs of prosecution.
12 (6) The court may order a person convicted of violating this
13 section to pay the costs for investigating the violation of this
14 section, disposition of the animal, and housing and caring for the
15 animal, including, but not limited to, providing veterinary medical
16 treatment. As used in this subsection, "disposition" includes the
17 transfer, euthanasia, or adoption of an animal.
18 (7) As In addition to any registration and other requirements
19 under the animal abuser registry act, as part of the sentence for a
20 violation of subsection (2), the court shall order the person
21 convicted not to own or possess an animal of the same species
22 involved in the violation of this section for 5 years after the
23 date of sentencing. Failure to comply with the order of the court
24 pursuant to under this subsection is punishable as contempt of
25 court.
26 (8) If a person incites an animal trained or used for fighting
27 or an animal that is the first- or second-generation offspring of
28 an animal trained or used for fighting to attack a person and the
29 attack causes the death of that person, the owner is guilty of a
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1 felony punishable by imprisonment for life or for a term of years
2 greater than 15 years.
3 (9) If a person incites an animal trained or used for fighting
4 or an animal that is the first- or second-generation offspring of
5 an animal trained or used for fighting to attack a person, but the
6 attack does not result in the death of the person, the owner is
7 guilty of a felony punishable by imprisonment for not more than 4
8 years or a fine of not more than $2,000.00, or both.
9 (10) If an animal trained or used for fighting or an animal
10 that is the first- or second-generation offspring of an animal
11 trained or used for fighting attacks a person without provocation
12 and causes the death of that person, the owner of the animal is
13 guilty of a felony punishable by imprisonment for not more than 15
14 years.
15 (11) If an animal trained or used for fighting or an animal
16 that is the first- or second-generation offspring of an animal
17 trained or used for fighting attacks a person without provocation,
18 but the attack does not cause the death of the person, the owner is
19 guilty of a misdemeanor punishable by imprisonment for not more
20 than 1 year or a fine of not more than $1,000.00, or both.
21 (12) Subsections (8) to (11) do not apply if the person
22 attacked was committing or attempting to commit an unlawful act on
23 the property of the owner of the animal.
24 (13) If an animal trained or used for fighting or an animal
25 that is the first- or second-generation offspring of a dog trained
26 or used for fighting goes beyond the property limits of its owner
27 without being securely restrained, the owner is guilty of a
28 misdemeanor punishable by imprisonment for not more than 90 days or
29 a fine of not less than $50.00 nor more than $500.00, or both.
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1 (14) If an animal trained or used for fighting or an animal
2 that is the first- or second-generation offspring of a dog trained
3 or used for fighting is not securely enclosed or restrained on the
4 owner's property, the owner is guilty of a misdemeanor punishable
5 by imprisonment for not more than 90 days or a fine of not more
6 than $500.00, or both.
7 (15) Subsections (8) to (14) do not apply to any of the
8 following:
9 (a) A dog trained or used for fighting, or the first- or
10 second-generation offspring of a dog trained or used for fighting,
11 that is used by a law enforcement agency of this state or a county,
12 city, village, or township.
13 (b) A certified leader dog recognized and trained by a
14 national guide dog association for the blind or for persons with
15 disabilities.
16 (c) A corporation licensed under the private security business
17 and security alarm act, 1968 PA 330, MCL 338.1051 to 338.1092, when
18 a dog trained or used for fighting, or the first- or second-
19 generation offspring of a dog trained or used for fighting, is used
20 in accordance with the private security business and security alarm
21 act, 1968 PA 330, MCL 338.1051 to 338.1092.
22 (16) Except as provided in subsection (20), an An animal that
23 has been used to fight in violation of this section or that is
24 involved in a violation of subsections (8) to (14) must be
25 confiscated by a law enforcement officer and must not be returned
26 to the owner, trainer, or possessor of the animal. The animal must
27 be taken to a local animal control agency. If an animal owner,
28 trainer, or possessor is convicted of violating subsection (2) or
29 subsections (8) to (14), or after a forfeiture proceeding and an
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1 order of the court granting the animal's forfeiture, the court
2 shall award the animal involved in the violation to the animal
3 control agency for evaluation and disposition.
4 (17) An animal control agency taking custody of an animal
5 under subsection (16) shall give notice within 72 hours after
6 seizure of the animal by registered mail to the last known address
7 of the animal's owner, if the owner of the animal is known. If the
8 owner of the animal is unknown, an animal control agency taking
9 custody of an animal under subsection (16) shall give notice within
10 72 hours after seizure of the animal by 1 of the following methods:
11 (a) Posting at the location of the seizure.
12 (b) Delivery to a person residing at the location of the
13 seizure.
14 (c) Registered mail to the location of the seizure.
15 (18) The notice required under subsection (17) must include
16 all of the following:
17 (a) A description of each animal seized.
18 (b) The time, date, location, and description of circumstances
19 under which the animal was seized.
20 (c) The address and telephone number of the location where the
21 animal is being held and contact information for the individual
22 present at that location from whom security deposit or bond
23 information may be obtained.
24 (d) A statement that the owner or possessor of the animal may
25 post a security deposit or bond that may prevent the forfeiture of
26 the animal for the duration of the criminal, forfeiture, or other
27 court proceeding until the court makes a final determination
28 regarding the animal's disposition, that failure to post a security
29 deposit or bond within 14 days after the date on the notice will
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1 result in forfeiture of the animal, and that the owner or possessor
2 of the animal may, before the expiration of the 14-day period
3 described in this subdivision, request a hearing on whether the
4 requirement to post a security deposit or bond is justified or
5 whether the cost associated with the security deposit or bond is
6 fair and reasonable for the care of and provision for the seized
7 animal. Notice of a request for a hearing under this subdivision
8 must be served on the animal control agency holding the animal
9 before the expiration of the 14-day period described in this
10 subdivision. At a hearing on whether the requirement to post a
11 security deposit or bond is justified, the prosecuting attorney has
12 the burden to establish by a preponderance of the evidence that a
13 violation of this section occurred. If the court finds that the
14 prosecuting attorney has met its burden, the animal will be
15 forfeited to the animal control agency that seized the animal
16 unless the owner or possessor of the animal posts the required
17 security deposit or bond. An owner or possessor's failure to appear
18 at a scheduled hearing requested under this subdivision will result
19 in automatic forfeiture of the animal if the date of the scheduled
20 hearing is more than 14 days after the date on the notice described
21 in this subdivision.
22 (e) A statement that the owner or possessor of the animal is
23 responsible for all costs described in subsection (6), unless the
24 court determines that the seizure of the animal was not
25 substantially justified by law.
26 (19) An animal control agency that has custody of a seized
27 animal under subsection (16) shall hold the animal for a period of
28 14 consecutive days, including weekends and holidays, beginning on
29 the date notice was given under subsection (17). After the
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1 expiration of the 14 days, if the owner or a possessor of the
2 animal has not posted a security deposit or bond as provided in
3 subsection (20), the animal is forfeited, and the animal control
4 agency may dispose of the animal by adoption, transfer to another
5 animal control agency, or humane euthanasia.
6 (20) The owner or possessor of an animal seized under
7 subsection (16) may prevent forfeiture and disposition of the
8 animal by an animal control agency for the duration of the
9 criminal, forfeiture, or other court proceeding until the court
10 makes a final determination regarding the animal's disposition by
11 posting a security deposit or bond with the court within 14 days
12 after the date on the notice described in subsection (18). The bond
13 must be in a sufficient amount to secure payment of all costs
14 described in subsection (6) during a 30-day period of boarding and
15 veterinary treatment of the animal after examination by a licensed
16 veterinarian. The animal control agency shall determine the amount
17 of the bond no later than 72 hours after the seizure of the animal,
18 and shall make the amount of the bond available to the owner or
19 possessor of the animal upon request. The owner or possessor of the
20 animal shall provide proof of the security deposit or bond to the
21 animal control agency no later than 14 days after the date on the
22 notice described in subsection (18).
23 (21) An animal control agency that is holding or requiring to
24 be held a seized animal as provided in this section may draw on a
25 security deposit or bond posted under subsection (20) or (22) to
26 cover the actual reasonable costs incurred in the seizure, care,
27 keeping, and disposition of the animal as described in subsection
28 (6) from the date of the seizure to the date of the official
29 disposition of the animal in the criminal action.
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1 (22) If a security deposit or bond has been posted under
2 subsection (20), and trial in the criminal action does not occur
3 within the initial 30-day bond period or is continued to a later
4 date, the owner or possessor shall post an additional security
5 deposit or bond in an amount determined sufficient to cover the
6 costs described in subsection (6) as anticipated to be incurred by
7 the animal control agency caring for the animal. The additional
8 security deposit or bond must be calculated in 30-day increments
9 and continue until the criminal action is resolved. If the owner or
10 possessor of the animal fails to post a new security deposit or
11 bond with the court before the previous security deposit or bond
12 expires, the animal is forfeited to the animal control agency
13 caring for the animal.
14 (23) If the owner or possessor that posted a security deposit
15 or bond under subsection (20) or (22) is found not guilty in the
16 criminal action, the amount of the security deposit or bond posted
17 to prevent disposition of the animal may be returned to the owner
18 or possessor at the court's discretion, and, subject to subsections
19 (25) and (26), the animal must be returned to the owner.
20 (24) If a security deposit or bond is posted by an owner or
21 possessor of an animal under subsection (20) or (22) and the court
22 determines that the animal is a dangerous animal or lacks any
23 useful purpose under subsection (26), the posting of the security
24 deposit or bon