Go To Top capitol dome
Michigan Legislature
Michigan Compiled Laws Complete Through PA 47 of 2019
House: Adjourned until Tuesday, August 20, 2019 12:00:00 PM
Senate: Adjourned until Tuesday, August 20, 2019 10:00:00 AM


Registered User Login is currently disabled. Sorry for any inconvenience this may cause.

Michigan Legislature

Main Content

Section 750.50a

THE MICHIGAN PENAL CODE (EXCERPT)
Act 328 of 1931


750.50a Service animal; prohibited conduct by individual; violation as misdemeanor; rebuttable presumption that conduct initiated or continued maliciously; conviction or sentence under other applicable law; definitions.

Sec. 50a.

  (1) An individual shall not do either of the following:
  (a) Willfully and maliciously assault, beat, harass, injure, or attempt to assault, beat, harass, or injure a service animal that he or she knows or has reason to believe is a service animal used by a person with a disability.
  (b) Willfully and maliciously impede or interfere with, or attempt to impede or interfere with, duties performed by a service animal that he or she knows or has reason to believe is a service animal used by a person with a disability.
  (2) An individual who violates subsection (1) is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.
  (3) In a prosecution for a violation of subsection (1), evidence that the defendant initiated or continued conduct directed toward a service animal described in subsection (1) after being requested to avoid or discontinue that conduct or similar conduct by a person with a disability being served or assisted by the service animal shall give rise to a rebuttable presumption that the conduct was initiated or continued maliciously.
  (4) A conviction and imposition of a sentence under this section does not prevent a conviction and imposition of a sentence under any other applicable provision of law.
  (5) As used in this section:
  (a) "Harass" means to engage in any conduct directed toward a service animal described in subsection (1) that is likely to impede or interfere with the service animal's performance of its duties or that places the person with a disability being served or assisted by the service animal in danger of injury.
  (b) "Injure" means to cause any physical injury to a service animal described in subsection (1).
  (c) "Maliciously" means any of the following:
  (i) With intent to assault, beat, harass, or injure a service animal described in subsection (1).
  (ii) With intent to impede or interfere with duties performed by a service animal described in subsection (1).
  (iii) With intent to disturb, endanger, or cause emotional distress to a person with a disability being served or assisted by a service animal described in subsection (1).
  (iv) With knowledge that the individual's conduct will or is likely to harass or injure a service animal described in subsection (1).
  (v) With knowledge that the individual's conduct will or is likely to impede or interfere with duties performed by a service animal described in subsection (1).
  (vi) With knowledge that the individual's conduct will or is likely to disturb, endanger, or cause emotional distress to a person with a disability being served or assisted by a service animal described in subsection (1).
  
  (d) "Person with a disability" means a person who has a disability as defined in section 12102 of the Americans with disabilities act of 1990, 42 USC 12102, and 28 CFR 36.104.
  (e) As used in subdivision (d), "person with a disability" includes a veteran who has been diagnosed with 1 or more of the following:
  (i) Post-traumatic stress disorder.
  (ii) Traumatic brain injury.
  (iii) Other service-related disabilities.
  (f) "Service animal" means all of the following:
  (i) That term as defined in 28 CFR 36.104.
  (ii) A miniature horse that has been individually trained to do work or perform tasks as described in 28 CFR 36.104 for the benefit of a person with a disability.
  (g) "Veteran" means any of the following:
  (i) A person who performed military service in the armed forces for a period of more than 90 days and separated from the armed forces in a manner other than a dishonorable discharge.
  (ii) A person discharged or released from military service because of a service-related disability.
  (iii) A member of a reserve branch of the armed forces at the time he or she was ordered to military service during a period of war, or in a campaign or expedition for which a campaign badge is authorized, and was released from military service in a manner other than a dishonorable discharge.


History: Add. 1994, Act 42, Eff. June 1, 1994 ;-- Am. 2015, Act 144, Eff. Jan. 18, 2016


© 2017 Legislative Council, State of Michigan

up icon