Bill Summary – FastDemocracy

HOUSE BILL NO. 6282
     December 10, 2024, Introduced by Rep. Skaggs and referred to the Committee on Government
       Operations.
          A bill to amend 1931 PA 328, entitled
    "The Michigan penal code,"
    by amending section 49 (MCL 750.49), as amended by 2019 PA 176.
                     THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
       Sec. 49. (1) As used in this section:
       (a) "Animal" means a vertebrate other than a human being.
       (b) "Animal control agency" means an animal control shelter,
 an animal protection shelter, or a law enforcement agency. As used
 in this subdivision, "animal control shelter" and "animal
 protection shelter" mean those terms as defined in section 1 of
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 1969 PA 287, MCL 287.331, and are facilities licensed with the
 department of agriculture and rural development under section 4 of
 1969 PA 287, MCL 287.334.
       (2) A person shall not knowingly do any of the following:
       (a) Own, possess, use, buy, sell, offer to buy or sell,
 import, or export an animal for fighting or baiting, or as a target
 to be shot at as a test of skill in marksmanship.
       (b) Be a party to or cause the fighting, baiting, or shooting
 of an animal as described in subdivision (a).
       (c) Rent or otherwise obtain the use of a building, shed,
 room, yard, ground, premises, vehicle, or any other venue for
 fighting, baiting, or shooting an animal as described in
 subdivision (a).
       (d) Permit the use of a building, shed, room, yard, ground,
 premises, vehicle, or any other venue belonging to him or her the
 person or under his or her the person's control for any of the
 purposes described in this section.
       (e) Organize, promote, or collect money, property, or any
 other thing of value for the fighting, baiting, or shooting of an
 animal as described in subdivisions (a) to (d).
       (f) Be present at a building, shed, room, yard, ground,
 premises, vehicle, or any other venue where preparations are being
 made for an exhibition described in subdivisions (a) to (d), or be
 present at the exhibition, knowing that an exhibition is taking
 place or about to take place.
       (g) Breed, buy, sell, offer to buy or sell, exchange, import,
 or export an animal the person knows has been trained or used for
 fighting as described in subdivisions (a) to (d), or breed, buy,
 sell, offer to buy or sell, exchange, import, or export the
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 offspring of an animal the person knows has been trained or used
 for fighting as described in subdivisions (a) to (d). This
 subdivision does not prohibit owning, breeding, buying, selling,
 offering to buy or sell, exchanging, importing, or exporting an
 animal for agricultural or agricultural exposition purposes. This
 subdivision does not prohibit an animal control agency from owning,
 adopting, or transferring ownership of an animal for the purpose of
 adoption of an animal trained or used for fighting as described in
 subdivisions (a) to (d) or an animal that is the first- or second-
 generation offspring of an animal trained or used for fighting as
 described in subdivisions (a) to (d). If an animal is found fit for
 placement and is transferred or adopted, the animal control agency
 that transfers or adopts the animal shall do all of the following:
       (i) Sterilize the animal or collect a good-faith deposit for
 sterilization as required under section 8a of 1969 PA 287, MCL
 287.338a.
       (ii) Provide a copy of the animal's history, including, but not
 limited to, a description of why the animal was seized, veterinary
 records, and a copy of subsections (8) to (14) to the person to
 whom the animal is transferred or adopted.
       (h) Own, possess, use, buy, sell, offer to buy or sell,
 transport, or deliver any device or equipment intended for use in
 the fighting, baiting, or shooting of an animal as described in
 subdivisions (a) to (d).
       (3) A person who violates subsection (2)(a) to (e) is guilty
 of a felony punishable by 1 or more of the following:
       (a) Imprisonment for not more than 4 years.
       (b) A fine of not less than $5,000.00 or more than $50,000.00.
       (c) Not less than 500 or more than 1,000 hours of community
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 service.
       (4) A person who violates subsection (2)(f) to (h) is guilty
 of a felony punishable by 1 or more of the following:
       (a) Imprisonment for not more than 4 years.
       (b) A fine of not less than $1,000.00 or more than $5,000.00.
       (c) Not less than 250 or more than 500 hours of community
 service.
       (5) The court may order a person convicted of violating this
 section to pay the costs of prosecution.
       (6) The court may order a person convicted of violating this
 section to pay the costs for investigating the violation of this
 section, disposition of the animal, and housing and caring for the
 animal, including, but not limited to, providing veterinary medical
 treatment. As used in this subsection, "disposition" includes the
 transfer, euthanasia, or adoption of an animal.
       (7) As part of the sentence for a violation of subsection (2),
 the court shall order the person convicted not to own or possess an
 animal of the same species involved in the violation of this
 section for 5 years after the date of sentencing. Failure to comply
 with the order of the court pursuant to under this subsection is
 punishable as contempt of court.
       (8) If a person incites an animal trained or used for fighting
 or an animal that is the first- or second-generation offspring of
 an animal trained or used for fighting to attack a person and the
 attack causes the death of that person, the owner is guilty of a
 felony punishable by imprisonment for life or for a term of years
 greater than 15 years.
       (9) If a person incites an animal trained or used for fighting
 or an animal that is the first- or second-generation offspring of
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 an animal trained or used for fighting to attack a person, but the
 attack does not result in the death of the person, the owner is
 guilty of a felony punishable by imprisonment for not more than 4
 years or a fine of not more than $2,000.00, or both.
       (10) If an animal trained or used for fighting or an animal
 that is the first- or second-generation offspring of an animal
 trained or used for fighting attacks a person without provocation
 and causes the death of that person, the owner of the animal is
 guilty of a felony punishable by imprisonment for not more than 15
 years.
       (11) If an animal trained or used for fighting or an animal
 that is the first- or second-generation offspring of an animal
 trained or used for fighting attacks a person without provocation,
 but the attack does not cause the death of the person, the owner is
 guilty of a misdemeanor punishable by imprisonment for not more
 than 1 year or a fine of not more than $1,000.00, or both.
       (12) Subsections (8) to (11) do not apply if the person
 attacked was committing or attempting to commit an unlawful act on
 the property of the owner of the animal.
       (13) If an animal trained or used for fighting or an animal
 that is the first- or second-generation offspring of a dog trained
 or used for fighting goes beyond the property limits of its owner
 without being securely restrained, the owner is guilty of a
 misdemeanor punishable by imprisonment for not more than 90 days or
 a fine of not less than $50.00 nor more than $500.00, or both.
       (14) If an animal trained or used for fighting or an animal
 that is the first- or second-generation offspring of a dog trained
 or used for fighting is not securely enclosed or restrained on the
 owner's property, the owner is guilty of a misdemeanor punishable
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 by imprisonment for not more than 90 days or a fine of not more
 than $500.00, or both.
       (15) Subsections (8) to (14) do not apply to any of the
 following:
       (a) A dog trained or used for fighting, or the first- or
 second-generation offspring of a dog trained or used for fighting,
 that is used by a law enforcement agency of this state or a county,
 city, village, or township.
       (b) A certified leader dog recognized and trained by a
 national guide dog association for the blind or for persons with
 disabilities.
       (c) A corporation licensed under the private security business
 and security alarm act, 1968 PA 330, MCL 338.1051 to 338.1092, when
 a dog trained or used for fighting, or the first- or second-
 generation offspring of a dog trained or used for fighting, is used
 in accordance with the private security business and security alarm
 act, 1968 PA 330, MCL 338.1051 to 338.1092.
       (16) Except as provided in subsection (20), an animal that has
 been used to fight in violation of this section or that is involved
 in a violation of subsections (8) to (14) must be confiscated by a
 law enforcement officer and must not be returned to the owner,
 trainer, or possessor of the animal. The animal must be taken to a
 local animal control agency. If an animal owner, trainer, or
 possessor is convicted of violating subsection (2) or subsections
 (8) to (14), the court shall award the animal involved in the
 violation to the animal control agency for evaluation and
 disposition.
       (17) An animal control agency taking custody of an animal
 under subsection (16) shall give notice within not later than 72
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 hours after seizure of the animal by registered mail to the last
 known address of the animal's owner, if the owner of the animal is
 known. If the owner of the animal is unknown, an animal control
 agency taking custody of an animal under subsection (16) shall give
 notice within not later than 72 hours after seizure of the animal
 by 1 of the following methods:
       (a) Posting at the location of the seizure.
       (b) Delivery to a person residing at the location of the
 seizure.
       (c) Registered mail to the location of the seizure.
       (18) The notice required under subsection (17) must include
 all of the following:
       (a) A description of each animal seized.
       (b) The time, date, location, and description of circumstances
 under which the animal was seized.
       (c) The address and telephone number of the location where the
 animal is being held and contact information for the individual
 present at that location from whom security deposit or bond
 information may be obtained.
       (d) A statement that the owner or possessor of the animal may
 post a security deposit or bond that may prevent the forfeiture of
 the animal for the duration of the criminal, forfeiture, or other
 court proceeding until the court makes a final determination
 regarding the animal's disposition, that failure to post a security
 deposit or bond within 14 days after the date on the notice will
 result in forfeiture of the animal, and that the owner or possessor
 of the animal may, before the expiration of the 14-day period
 described in this subdivision, request a hearing on whether the
 requirement to post a security deposit or bond is justified or
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 whether the cost associated with the security deposit or bond is
 fair and reasonable for the care of and provision for the seized
 animal. Notice of a request for a hearing under this subdivision
 must be served on the animal control agency holding the animal
 before the expiration of the 14-day period described in this
 subdivision. At a hearing on whether the requirement to post a
 security deposit or bond is justified, the prosecuting attorney has
 the burden to establish by a preponderance of the evidence that a
 violation of this section occurred. If the court finds that the
 prosecuting attorney has met its burden, the animal will be
 forfeited to the animal control agency that seized the animal
 unless the owner or possessor of the animal posts the required
 security deposit or bond. An owner or possessor's failure to appear
 at a scheduled hearing requested under this subdivision will result
 in automatic forfeiture of the animal if the date of the scheduled
 hearing is more than 14 days after the date on the notice described
 in this subdivision.
       (e) A statement that the owner or possessor of the animal is
 responsible for all costs described in subsection (6), unless the
 court determines that the seizure of the animal was not
 substantially justified by law.
       (19) An animal control agency that has custody of a seized
 animal under subsection (16) shall hold the animal for a period of
 14 consecutive days, including weekends and holidays, beginning on
 the date notice was given under subsection (17). After the
 expiration of the 14 days, if the owner or a possessor of the
 animal has not posted a security deposit or bond as provided in
 subsection (20), the animal is forfeited, and the animal control
 agency may dispose of the animal by adoption, transfer to another
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 animal control agency, or humane euthanasia.
       (20) The owner or possessor of an animal seized under
 subsection (16) may prevent forfeiture and disposition of the
 animal by an animal control agency for the duration of the
 criminal, forfeiture, or other court proceeding until the court
 makes a final determination regarding the animal's disposition by
 posting a security deposit or bond with the court within not later
 than 14 days after the date on the notice described in subsection
 (18). The bond must be in a sufficient amount to secure payment of
 all costs described in subsection (6) during a 30-day period of
 boarding and veterinary treatment of the animal after examination
 by a licensed veterinarian. The animal control agency shall
 determine the amount of the bond no later than 72 hours after the
 seizure of the animal, and shall make the amount of the bond
 available to the owner or possessor of the animal upon request. The
 owner or possessor of the animal shall provide proof of the
 security deposit or bond to the animal control agency no later than
 14 days after the date on the notice described in subsection (18).
       (21) An animal control agency that is holding or requiring to
 be held a seized animal as provided in this section may draw on a
 security deposit or bond posted under subsection (20) or (22) to
 cover the actual reasonable costs incurred in the seizure, care,
 keeping, and disposition of the animal as described in subsection
 (6) from the date of the seizure to the date of the official
 disposition of the animal in the criminal action.
       (22) If a security deposit or bond has been posted under
 subsection (20), and trial in the criminal action does not occur
 within the initial 30-day bond period or is continued to a later
 date, the owner or possessor shall post an additional security
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 deposit or bond in an amount determined sufficient to cover the
 costs described in subsection (6) as anticipated to be incurred by
 the animal control agency caring for the animal. The additional
 security deposit or bond must be calculated in 30-day increments
 and continue until the criminal action is resolved. If the owner or
 possessor of the animal fails to post a new security deposit or
 bond with the court before the previous security deposit or bond
 expires, the animal is forfeited to the animal control agency
 caring for the animal.
         (23) If the owner or possessor that posted a security deposit
 or bond under subsection (20) or (22) is found not guilty in the
 criminal action, the amount of the security deposit or bond posted
 to prevent disposition of the animal may be returned to the owner
 or possessor at the court's discretion, and, subject to subsections
 (25) and (26), the animal must be returned to the owner.
         (24) If a security deposit or bond is posted by an owner or
 possessor of an animal under subsection (20) or (22) and the court
 determines that the animal is a dangerous animal or lacks any
 useful purpose under subsection (26), the posting of the security
 deposit or bond must not prevent disposition of the animal.
         (25) Upon receiving an animal seized under this section, or at
 any time thereafter, an animal control agency may humanely
 euth