SENATE BILL No. 1122

 

 

February 9, 2010, Introduced by Senators BARCIA, KAHN, BASHAM and PAPPAGEORGE and referred to the Committee on Judiciary.

 

 

 

     A bill to amend 1931 PA 328, entitled

 

"The Michigan penal code,"

 

by amending the title and section 50b (MCL 750.50b), the title as

 

amended by 2005 PA 105 and section 50b as amended by 2008 PA 339.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

TITLE

 

     An act to revise, consolidate, codify, and add to the statutes

 

relating to crimes; to define crimes and prescribe the penalties,

 

and remedies, and sanctions; to provide for restitution and costs

 

under certain circumstances; to provide for the competency of

 

evidence at the trial of persons accused of crime and for related

 

procedures; to provide immunity from prosecution for certain

 

witnesses appearing at such trials; and to repeal certain acts and

 

parts of acts inconsistent with or contravening any of the

 


provisions of this act.

 

     Sec. 50b. (1) As used in this section, "animal" means any

 

vertebrate other than a human being.

 

     (2) Except as otherwise provided in this section, a person

 

shall not do any of the following without just cause:

 

     (a) Knowingly kill, torture, mutilate, maim, or disfigure an

 

animal.

 

     (b) Commit a reckless act knowing or having reason to know

 

that the act will cause an animal to be killed, tortured,

 

mutilated, maimed, or disfigured.

 

     (c) Knowingly administer poison to an animal, or knowingly

 

expose an animal to any poisonous substance, with the intent that

 

the substance be taken or swallowed by the animal.

 

     (3) A person who violates subsection (2) 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 more than $5,000.00 for a single animal and

 

$2,500.00 for each additional animal involved in the violation, but

 

not to exceed a total of $20,000.00.

 

     (c) Community service for not more than 500 hours.

 

     (4) As a part of the sentence for a violation of subsection

 

(2), the court may shall order the defendant to pay the costs of

 

the prosecution and the costs of the care, housing, and veterinary

 

medical care for the impacted animal victim, as applicable. If the

 

court does not order a defendant to pay all of the applicable costs

 

listed in this subsection, or orders only partial payment of these

 

costs, the court shall state on the record the reasons for that

 


action. The court shall order the animal involved in the violation

 

to be placed in the custody of the local humane society or other

 

welfare agency.

 

     (5) If a term of probation is ordered for a violation of

 

subsection (2), the court may include as a condition of that

 

probation that the defendant be evaluated to determine the need for

 

psychiatric or psychological counseling and, if determined

 

appropriate by the court, to receive psychiatric or psychological

 

counseling at his or her own expense.

 

     (6) As a part of the sentence for a violation of subsection

 

(2), the court may order the defendant not to own or possess an

 

animal for any period of time determined by the court, which may

 

include permanent relinquishment. the following periods after

 

sentencing:

 

     (a) For a first violation, not less than 5 years or for the

 

lifetime of the defendant.

 

     (b) For a second violation, not less than 15 years or for the

 

lifetime of the defendant.

 

     (c) For a third or subsequent conviction, not less than 15

 

years or for the lifetime of the defendant.

 

     (7) The court shall cause an order issued under subsection (6)

 

to be entered into the law enforcement information network as

 

provided by the C.J.I.S. policy council act, 1974 PA 163, MCL

 

28.211 to 28.215. A person who owns or possesses an animal in

 

violation of an order issued under subsection (6) is subject to

 

revocation of probation if the order is issued as a condition of

 

probation. A person who owns or possesses an animal in violation of

 


an order issued under subsection (6) is also subject to the civil

 

and criminal contempt power of the court and, if found guilty of

 

criminal contempt, may be punished by imprisonment for not more

 

than 90 days or a fine of not more than $500.00, or both. guilty of

 

a crime as follows:

 

     (a) For a first violation, a misdemeanor punishable by

 

imprisonment for not more than 93 days or a fine of not more than

 

$1,000.00, or both.

 

     (b) For a second or subsequent violation, a felony punishable

 

by imprisonment for not more than 4 years or a fine of not more

 

than $5,000.00, or both.

 

     (8) This section does not prohibit the lawful killing of

 

livestock or a customary animal husbandry or farming practice

 

involving livestock. As used in this subsection, "livestock" means

 

that term as defined in section 5 of the animal industry act, 1988

 

PA 466, MCL 287.705.

 

     (9) This section does not prohibit the lawful killing of an

 

animal pursuant to any of the following:

 

     (a) Fishing.

 

     (b) Hunting, trapping, or wildlife control regulated under the

 

natural resources and environmental protection act, 1994 PA 451,

 

MCL 324.101 to 324.90106, and orders issued under that act.

 

     (c) Pest or rodent control regulated under part 83 of the

 

natural resources and environmental protection act, 1994 PA 451,

 

MCL 324.8301 to 324.8336.

 

     (d) Activities authorized under rules promulgated under

 

section 9 of the executive organization act of 1965, 1965 PA 380,

 


MCL 16.109.

 

     (e) Section 19 of the dog law of 1919, 1919 PA 339, MCL

 

287.279.

 

     (10) This section does not prohibit the lawful killing or use

 

of an animal for scientific research under any of the following or

 

a rule promulgated under any of the following:

 

     (a) 1969 PA 224, MCL 287.381 to 287.395.

 

     (b) Sections 2226, 2671, 2676, 7109, and 7333 of the public

 

health code, 1978 PA 368, MCL 333.2226, 333.2671, 333.2676,

 

333.7109, and 333.7333.

 

     (11) This section does not apply to a veterinarian or a

 

veterinary technician lawfully engaging in the practice of

 

veterinary medicine under part 188 of the public health code, 1978

 

PA 368, MCL 333.18801 to 333.18838.