HOUSE BILL No. 4535

 

April 10, 2013, Introduced by Reps. Santana and Muxlow and referred to the Committee on Judiciary.

 

     A bill to require individuals convicted of animal abuse

 

offenses to register; to provide for the powers and duties of

 

certain state and local governmental officers and entities; to

 

impose fees; to prescribe penalties and provide remedies; and to

 

require the promulgation of rules.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 1. This act shall be known and may be cited as the "state

 

of Michigan animal abuser registry law".

 

     Sec. 2. As used in this act:

 

     (a) "Animal" means that term as defined in section 49 of the

 

Michigan penal code, 1931 PA 328, MCL 750.49.

 

     (b) "Animal abuse offense" means 1 or more of the following,

 

but does not include the lawful use of an animal to hunt or to

 

participate in field trials:


 

     (i) A violation of section 49 of the Michigan penal code, 1931

 

PA 328, MCL 750.49.

 

     (ii) A violation of section 50 of the Michigan penal code, 1931

 

PA 328, MCL 750.50.

 

     (iii) A violation of section 50a of the Michigan penal code,

 

1931 PA 328, MCL 750.50a.

 

     (iv) A violation of section 50b of the Michigan penal code,

 

1931 PA 328, MCL 750.50b.

 

     (v) A violation of section 50c of the Michigan penal code,

 

1931 PA 328, MCL 750.50c.

 

     (vi) A violation of section 158 of the Michigan penal code,

 

1931 PA 328, MCL 750.158, if the violation arose out of a crime

 

against nature with an animal.

 

     (vii) Any other violation of a law of this state or a local

 

ordinance of a municipality that by its nature constitutes an

 

animal abuse offense.

 

     (viii) An attempt or conspiracy to commit an offense described

 

in subparagraphs (i) to (vii).

 

     (ix) An offense substantially similar to an offense described

 

in subparagraphs (i) to (viii) under a law of the United States, any

 

state, or any country or under tribal or military law.

 

     (c) "Convicted" means that 1 of the following applies to the

 

individual:

 

     (i) A judgment of conviction or a probation order was entered

 

against the individual in any court having jurisdiction over

 

criminal offenses, including, but not limited to, a tribal court or

 

a military court.


 

     (ii) The individual was assigned to youthful trainee status

 

under sections 11 to 15 of chapter II of the code of criminal

 

procedure, 1927 PA 175, MCL 762.11 to 762.15, if the individual's

 

status of youthful trainee is revoked and an adjudication of guilt

 

is entered.

 

     (d) "Department" means the department of state police.

 

     (e) "Domicile" means a place where an individual has his or

 

her true, fixed, and permanent home to which he or she intends to

 

return whenever absent from the home. In order to be domiciled in

 

this state, an individual must be employed, with or without

 

compensation, reside, or be a student in this state for 1 of the

 

following time periods:

 

     (i) Fourteen or more consecutive days during a calendar year.

 

     (ii) Thirty or more total days during a calendar year.

 

     (f) "Institution of higher education" means either of the

 

following:

 

     (i) A public or private community college, college, or

 

university.

 

     (ii) A public or private trade, vocational, or occupational

 

school.

 

     (g) "Local law enforcement agency" means the police department

 

of a county or municipality.

 

     (h) "Municipality" means a city, village, or township of this

 

state.

 

     (i) "Neglect" means that term as defined in section 50 of the

 

Michigan penal code, 1931 PA 328, MCL 750.50.

 

     (j) "Residence" means that place at which an individual


 

habitually sleeps, keeps his or her personal effects, and has a

 

regular place of lodging. If an individual has more than 1

 

residence, or if a wife has a residence separate from that of the

 

husband, the place at which the individual resides the greater part

 

of the time is his or her residence for purposes of this act. This

 

section shall not be construed to affect existing judicial

 

interpretation of the term residence.

 

     (k) "Student" means an individual enrolled on a full- or part-

 

time basis in a public or private educational institution,

 

including, but not limited to, a secondary school, trade school,

 

professional institution, or institution of higher education.

 

     Sec. 3. The following individuals shall register under this

 

act:

 

     (a) An individual who is 18 years of age or older, resides in

 

this state, and is convicted of an animal abuse offense on or after

 

the effective date of this act.

 

     (b) An individual from another state who is 18 years of age or

 

older, is domiciled in this state, and is convicted of an animal

 

abuse offense or registered for animal abuse under a comparable

 

statue of that state.

 

     Sec. 4. (1) An individual required to register under section

 

3(a) shall register within 5 calendar days following his or her

 

release from incarceration or, if the individual was not

 

incarcerated for the animal abuse offense, within 5 calendar days

 

after sentencing.

 

     (2) An individual required to register under section 3(b)

 

shall register within 21 calendar days after becoming domiciled in


 

this state.

 

     (3) The prosecutor in a criminal proceeding for an animal

 

abuse offense shall notify an individual required to register under

 

section 3(a) of the requirements of subsection (1) upon the

 

conviction of that individual for an animal abuse offense.

 

     Sec. 5. (1) Upon conviction of an individual for an animal

 

abuse offense, the prosecutor shall forward the name and address of

 

the individual and the name of the animal abuse offense of which

 

the individual was convicted to the department. The department

 

shall enter the individual's information into the computerized

 

database of registrations maintained under section 7.

 

     (2) An individual required to register under this act shall

 

submit all of the following information to his or her local law

 

enforcement agency:

 

     (a) The individual's name and any aliases he or she is known

 

under.

 

     (b) The individual's residential address.

 

     (c) A photograph of the individual's head and shoulders, taken

 

from the front.

 

     (d) The individual's social security number.

 

     (e) The individual's date of birth.

 

     (f) The individual's fingerprints.

 

     (3) The information submitted by an individual under

 

subsection (2) may be accessed by any state, local, or federal

 

agency as necessary.

 

     (4) An individual required to register under this act shall

 

remain on the registry for 5 years from the date of his or her


 

release from incarceration or the date the individual was sentenced

 

for an animal abuse offense, whichever is later. A registered

 

individual who is convicted of a subsequent animal abuse offense

 

shall remain on the registry for 5 years from the date of his or

 

her most recent conviction.

 

     (5) An individual registered under this act shall update his

 

or her registration information each time he or she moves from 1

 

residential address to another. An individual shall verify his or

 

her current residential address annually from the date of his or

 

her first registration.

 

     (6) An individual registered under this act shall report to

 

his or her local law enforcement agency to verify his or her

 

residence within 5 calendar days after registration.

 

     (7) An individual registered under this act shall maintain a

 

valid and current operator's license issued under the Michigan

 

vehicle code, 1949 PA 300, MCL 257.1 to 257.923, or an official

 

state personal identification card issued under 1972 PA 222, MCL

 

28.291 to 28.300, with a current address. If an individual does not

 

possess a valid and current operator's license or official state

 

personal identification card with a current address, he or she

 

shall obtain a valid operator's license or official state personal

 

identification card within 14 calendar days of his or her

 

sentencing or release from incarceration, whichever is later.

 

     (8) An individual registered under this act who is a

 

participant in a witness protection program is required to submit

 

only the name and identifying information reflecting his or her new

 

identity, and the registry and compilation database shall not


 

contain any information identifying the individual's prior identity

 

or address. The department shall request an individual registered

 

under this act who is a participant in a witness protection program

 

to provide his or her date of birth if it has not already been

 

provided, and the individual shall comply with that request within

 

10 calendar days.

 

     (9) Registration paperwork shall be signed and dated by the

 

individual required to register and the registering agent.

 

     Sec. 6. (1) An individual required to register under this act

 

shall pay an annual fee of $250.00 to the department of state

 

police. Of this fee, $150.00 shall be forwarded to the animal abuse

 

offenders registration fund created in subsection (2), $50.00 shall

 

be forwarded to the local court and law enforcement agency handling

 

the individual's case, and $50.00 shall be forwarded to the state

 

treasurer for deposit into the state general fund.

 

     (2) The animal abuse offenders registration fund is created as

 

a separate fund in the department of treasury. Money credited to

 

the fund under subsection (1) shall only be used by the department

 

for training concerning, and the maintenance and automation of, the

 

databases, compilation, and information required under section 7.

 

Money in the animal abuse offenders registration fund at the close

 

of the fiscal year shall remain in the fund and shall not lapse to

 

the general fund.

 

     Sec. 7. (1) The department shall maintain a statewide

 

computerized database of registrations and notices required under

 

this act.

 

     (2) The statewide computerized database shall contain a


 

compilation of information concerning individuals, indexed by 1 of

 

the following:

 

     (a) Name.

 

     (b) Social security number.

 

     (c) Date of birth.

 

     (d) Zip code.

 

     (3) An index compiled by the department under subsection (2)

 

shall contain the information described in section 5(2) for each

 

individual.

 

     (4) The name, date of birth, and zip code of an individual

 

listed in the database described in subsection (1) shall be

 

accessible to the public.

 

     (5) A written report, document, or photograph filed with the

 

department under this act is confidential and may be disclosed only

 

to the following:

 

     (a) A legally mandated public or private animal protective

 

agency investigating a report of known or suspected animal abuse or

 

neglect, or a legally mandated public or private animal protective

 

agency or foster care agency prosecuting a disciplinary action

 

against its own employee regarding animal protective services or

 

foster records.

 

     (b) A police or other law enforcement agency investigating a

 

report of known or suspected animal abuse or neglect.

 

     (c) A veterinarian who is treating an animal whom the

 

veterinarian suspects may have been abused or neglected.

 

     (d) A person legally authorized to place an animal in

 

protective custody when the person is confronted with an animal


 

that the person reasonably suspects may have been abused or

 

neglected, if the confidential record is necessary to determine

 

whether to place the animal in protective custody.

 

     (e) A person, including a multidisciplinary case consultation

 

team, authorized to diagnose, care for, treat, or supervise an

 

animal that is the subject of a confidential record under this act,

 

or who is responsible for that animal's health or welfare.

 

     (f) An individual named in a confidential record as a

 

perpetrator or alleged perpetrator of animal abuse or neglect.

 

     (g) A court that determines the information is necessary to

 

decide an issue before that court.

 

     (h) A grand jury that determines the information is necessary

 

to conduct the grand jury's official business.

 

     (i) A lawyer guardian ad litem or other appointed attorney.

 

     (j) An animal placing agency for the purpose of investigating

 

an applicant for adoption, a foster care applicant or licensee or

 

an employee of a foster care applicant or licensee, an adult member

 

of an applicant's or licensee's household, or any other individual

 

in a foster care or adoptive home who is directly responsible for

 

the care and welfare of animals, to determine the suitability of a

 

home for adoption or foster care. An animal placing agency shall

 

disclose information accessed under this subdivision to a foster

 

care applicant or licensee.

 

     (k) A staff member of the criminal division of a district

 

court who is authorized by the court to investigate foster care

 

applicants and licensees, employees of foster care applicants and

 

licensees, adult members of a foster care applicant's or licensee's


 

household, or other individuals in a foster care applicant's or

 

licensee's home who are directly responsible for the care and

 

welfare of animals, for the purpose of determining the suitability

 

of the home for foster care. The court shall disclose information

 

accessed under this subdivision to the foster care applicant or

 

licensee.

 

     (l) An animal care regulatory agency.

 

     (6) An individual who is the subject of a report or record

 

made under this act may request the department to amend an

 

inaccurate report or record from the central registry and local

 

office file, or to expunge a report or record from the central

 

registry if no relevant or accurate evidence of abuse or neglect is

 

found to exist. A report or record that is filed in a local office

 

file is not subject to expunction unless the department authorizes

 

expunction, if expunction is considered by the department to be in

 

the best interest of an animal.

 

     (7) If the department refuses a request for amendment or

 

expunction under subsection (6), or fails to act upon a request for

 

amendment or expunction within 30 days after receiving the request,

 

the department shall hold a hearing to determine by a preponderance

 

of the evidence whether the report or record, in whole or in part,

 

should be amended or expunged from the central registry on the

 

grounds that the report or record is not relevant or accurate

 

evidence of animal abuse or neglect. A hearing under this

 

subsection shall be held before a hearing officer appointed by the

 

department.

 

     (8) If the investigation of a report conducted under this


 

section fails to disclose evidence of abuse or neglect, the

 

information identifying the subject of the report shall be expunged

 

from the central registry. If evidence of abuse or neglect exists,

 

the department shall maintain the information in the central

 

registry until the department receives reliable information that

 

the perpetrator of the abuse or neglect is deceased.

 

     (9) If the conviction for the animal abuse offense that

 

required an individual to be registered under this act is set aside

 

under 1965 PA 213, MCL 780.621 to 780.624, the department shall

 

remove the individual from the registry immediately after

 

notification of the set-aside.

 

     (10) In releasing information under this act, the department

 

shall not include a report compiled by a police agency or other law

 

enforcement agency related to an ongoing investigation of suspected

 

animal abuse or neglect. This subsection does not prevent the

 

department from releasing reports of convictions of crimes related

 

to animal abuse or neglect.

 

     (11) If a court determines that public availability of

 

information regarding registered individuals under this act

 

violates the constitution of the United States or this state, the

 

department shall revise the compilation of information under this

 

act so that it does not contain that information. A violation of

 

this subsection is a misdemeanor punishable by imprisonment for not

 

more than 1 year or a fine of not more than $1,000.00, or both.

 

     (12) A person who reveals a registration or report in

 

violation of this act is liable to the individual whose

 

registration or report is revealed for treble damages.


 

     Sec. 8. (1) An individual required to register under this act

 

who willfully violates this act 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.

 

     (2) An incorporated society for the prevention of cruelty to

 

animals, humane society, pound, animal shelter, or an authorized

 

agent of 1 of an incorporated society for the prevention of cruelty

 

to animals, humane society, pound, or animal shelter, who knowingly

 

sells or offers to sell an animal to an individual who is

 

registered under this act 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.

 

     (3) The court shall revoke the probation of an individual

 

placed on probation who willfully violates this act.

 

     (4) The parole board shall rescind the parole of an individual

 

released on parole who willfully violates this act.

 

     (5) An incorporated society for the prevention of cruelty to

 

animals, humane society, pound, animal shelter, or an authorized

 

agent of 1 of an incorporated society for the prevention of cruelty

 

to animals, humane society, pound, or animal shelter, who fails to

 

determine whether an individual is registered under this act prior

 

to selling or offering to sell an animal to that individual shall

 

be given a written warning for failure to comply with this act.

 

     (6) An incorporated society for the prevention of cruelty to

 

animals, humane society, pound, animal shelter, or an authorized

 

agent of 1 of an incorporated society for the prevention of cruelty

 

to animals, humane society, pound, or animal shelter, who violates


 

subsection (5) 2 or more times within 2 years shall pay a fine of

 

$250.00 for the second and each subsequent violation.

 

     Sec. 9. The department shall promulgate rules and adopt

 

regulations for the administration of the Michigan animal abuse

 

registry and collection of fees.

 

     Enacting section 1. This act takes effect 90 days after the

 

date it is enacted into law.