SB-0219, As Passed Senate, January 28, 2016
SUBSTITUTE FOR
SENATE BILL NO. 219
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending sections 49, 50, 50b, and 158 (MCL 750.49, 750.50,
750.50b, and 750.158), section 49 as amended by 2006 PA 129,
section 50 as amended by 2007 PA 152, and section 50b as amended by
2008 PA 339.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 49. (1) As used in this section, "animal" means a
vertebrate other than a human.
(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, or premises for fighting, baiting, or shooting
an animal as described in subdivision (a).
(d) Permit the use of a building, shed, room, yard, ground, or
premises belonging to him or her or under his or her control for
any of the purposes described in this section.
(e) Organize, promote, or collect money 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, or
premises 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
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.
(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
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 housing and caring for the animal,
including, but not limited to, providing veterinary medical
treatment.
(7) As part of the sentence for a violation of subsection (2),
the court shall, as a condition of probation, order the person
convicted
not to own or possess an animal of the same species
involved
in the violation of this section for
a period of at least
5 years after the date of sentencing or the date of release from
incarceration, whichever is later. Failure to comply with the order
of the court pursuant to 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 thereby
that 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 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
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 the 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 338.1083,
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 338.1083.338.1092.
(16) 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) shall be confiscated as contraband by a law enforcement
officer and shall not be returned to the owner, trainer, or
possessor of the animal. The animal shall be taken to a local
humane society or other animal welfare 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 local humane society or other animal
welfare agency.
(17) Upon receiving an animal confiscated under this section,
or at any time thereafter, an appointed veterinarian, the humane
society, or other animal welfare agency may humanely euthanize the
animal if, in the opinion of that veterinarian, humane society, or
other animal welfare agency, the animal is injured or diseased past
recovery or the animal's continued existence is inhumane so that
euthanasia is necessary to relieve pain and suffering.
(18) A humane society or other animal welfare agency that
receives an animal under this section shall apply to the district
court or municipal court for a hearing to determine whether the
animal shall be humanely euthanized because of its lack of any
useful purpose and the public safety threat it poses. The court
shall hold a hearing not more than 30 days after the filing of the
application and shall give notice of the hearing to the owner of
the animal. Upon a finding by the court that the animal lacks any
useful purpose and poses a threat to public safety, the humane
society or other animal welfare agency shall humanely euthanize the
animal. Expenses incurred in connection with the housing, care,
upkeep, or euthanasia of the animal by a humane society or other
animal welfare agency, or by a person, firm, partnership,
corporation, or other entity, shall be assessed against the owner
of the animal.
(19) Subject to subsections (16) to (18), all animals being
used or to be used in fighting, equipment, devices and money
involved
in a violation of subsection (2) shall be forfeited to the
this state. All other instrumentalities, proceeds, and substituted
proceeds of a violation of subsection (2) are subject to forfeiture
under chapter 47 of the revised judicature act of 1961, 1961 PA
236, MCL 600.4701 to 600.4709.
(20) The seizing agency may deposit money seized under
subsection (19) into an interest-bearing account in a financial
institution. As used in this subsection, "financial institution"
means a state or nationally chartered bank or a state or federally
chartered savings and loan association, savings bank, or credit
union whose deposits are insured by an agency of the United States
government and that maintains a principal office or branch office
located in this state under the laws of this state or the United
States.
(21) An attorney for a person who is charged with a violation
of subsection (2) involving or related to money seized under
subsection (19) shall be afforded a period of 60 days within which
to examine that money. This 60-day period shall begin to run after
notice of forfeiture is given but before the money is deposited
into a financial institution under subsection (20). If the attorney
general, prosecuting attorney, or city or township attorney fails
to sustain his or her burden of proof in forfeiture proceedings
under subsection (19), the court shall order the return of the
money, including any interest earned on money deposited into a
financial institution under subsection (20).
(22) This section does not apply to conduct that is permitted
by and is in compliance with any of the following:
(a) Part 401 of the natural resources and environmental
protection
act, 1994 PA 451, MCL 324.40101 to 324.40119.324.40120.
(b) Part 435 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.43501 to 324.43561.
(c) Part 427 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.42701 to 324.42714.
(d) Part 417 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.41701 to 324.41712.
(23) This section does not prohibit a person from being
charged with, convicted of, or punished for any other violation of
law that is committed by that person while violating this section.
(24) 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.
Sec. 50. (1) As used in this section and section 50b:
(a) "Adequate care" means the provision of sufficient food,
water, shelter, sanitary conditions, exercise, and veterinary
medical attention in order to maintain an animal in a state of good
health.
(b)
"Animal" means any a
vertebrate other than a human being.
(c) "Animal protection shelter" means a facility operated by a
person, humane society, society for the prevention of cruelty to
animals, or any other nonprofit organization, for the care of
homeless animals.
(d) "Animal control shelter" means a facility operated by a
county, city, village, or township to impound and care for animals
found in streets or otherwise at large contrary to any ordinance of
the county, city, village, or township or state law.
(e) "Licensed veterinarian" means a person licensed to
practice veterinary medicine under article 15 of the public health
code, 1978 PA 368, MCL 333.16101 to 333.18838.
(f) "Livestock" means that term as defined in the animal
industry
act, of 1987, 1988 PA 466, MCL 287.701 to 287.747.287.746.
(g) "Person" means an individual, partnership, limited
liability company, corporation, association, governmental entity,
or other legal entity.
(h) "Neglect" means to fail to sufficiently and properly care
for an animal to the extent that the animal's health is
jeopardized.
(i) "Sanitary conditions" means space free from health hazards
including excessive animal waste, overcrowding of animals, or other
conditions that endanger the animal's health. This definition does
not include any condition resulting from a customary and reasonable
practice pursuant to farming or animal husbandry.
(j) "Shelter" means adequate protection from the elements and
weather conditions suitable for the age, species, and physical
condition of the animal so as to maintain the animal in a state of
good health. Shelter, for livestock, includes structures or natural
features such as trees or topography. Shelter, for a dog, includes
1 or more of the following:
(i) The residence of the dog's owner or other individual.
(ii) A doghouse that is an enclosed structure with a roof and
of appropriate dimensions for the breed and size of the dog. The
doghouse shall have dry bedding when the outdoor temperature is or
is predicted to drop below freezing.
(iii) A structure, including a garage, barn, or shed, that is
sufficiently insulated and ventilated to protect the dog from
exposure to extreme temperatures or, if not sufficiently insulated
and ventilated, contains a doghouse as provided under subparagraph
(ii) that is accessible to the dog.
(k) "State of good health" means freedom from disease and
illness, and in a condition of proper body weight and temperature
for the age and species of the animal, unless the animal is
undergoing appropriate treatment.
(l) "Tethering" means the restraint and confinement of a dog
by use of a chain, rope, or similar device.
(m) "Water" means potable water that is suitable for the age
and species of animal that is made regularly available unless
otherwise directed by a licensed veterinarian.
(2)
An owner, possessor, or person having who has the charge
or custody of an animal shall not do any of the following:
(a) Fail to provide an animal with adequate care.
(b) Cruelly drive, work, or beat an animal, or cause an animal
to be cruelly driven, worked, or beaten.
(c) Carry or cause to be carried in or upon a vehicle or
otherwise
any live animal having the with
its feet or legs tied
together, other than an animal being transported for medical care,
or a horse whose feet are hobbled to protect the horse during
transport, or in any other cruel and inhumane manner.
(d) Carry or cause to be carried a live animal in or upon a
vehicle or otherwise without providing a secure space, rack, car,
crate, or cage, in which livestock may stand, and in which all
other animals may stand, turn around, and lie down during
transportation, or while awaiting slaughter. As used in this
subdivision, for purposes of transportation of sled dogs, "stand"
means sufficient vertical distance to allow the animal to stand
without its shoulders touching the top of the crate or
transportation vehicle.
(e) Abandon an animal or cause an animal to be abandoned, in
any place, without making provisions for the animal's adequate
care, unless premises are vacated for the protection of human life
or the prevention of injury to a human. An animal that is lost by
an owner or custodian while traveling, walking, hiking, or hunting
is
not abandoned under this section when if the owner or custodian
has made a reasonable effort to locate the animal.
(f) Negligently allow any animal, including one who is aged,
diseased, maimed, hopelessly sick, disabled, or nonambulatory to
suffer unnecessary neglect, torture, or pain.
(g) Tether a dog unless the tether is at least 3 times the
length of the dog as measured from the tip of its nose to the base
of its tail and is attached to a harness or nonchoke collar
designed for tethering.
(3) If an animal is impounded and is being held by an animal
control shelter or its designee or an animal protection shelter or
its designee or a licensed veterinarian pending the outcome of a
criminal action charging a violation of this section or section
50b, before final disposition of the criminal charge, the
prosecuting attorney may file a civil action in the court that has
jurisdiction of the criminal action, requesting that the court
issue an order forfeiting the animal to the animal control shelter
or animal protection shelter or to a licensed veterinarian before
final disposition of the criminal charge. The prosecuting attorney
shall serve a true copy of the summons and complaint upon the
defendant and upon a person with a known ownership or security
interest
or known security interest in the animal or a person who
has filed a lien with the secretary of state in an animal involved
in the pending action. The forfeiture of an animal under this
section encumbered by a security interest is subject to the
interest of the holder of the security interest who did not have
prior
knowledge of , or
consent to the commission of the crime.
Upon the filing of the civil action, the court shall set a hearing
on the complaint. The hearing shall be conducted within 14 days of
the filing of the civil action, or as soon as practicable. The
hearing shall be before a judge without a jury. At the hearing, the
prosecuting attorney has the burden of establishing by a
preponderance of the evidence that a violation of this section or
section 50b occurred. If the court finds that the prosecuting
attorney has met this burden, the court shall order immediate
forfeiture of the animal to the animal control shelter or animal
protection shelter or the licensed veterinarian unless the
defendant, within 72 hours of the hearing, submits to the court
clerk cash or other form of security in an amount determined by the
court to be sufficient to repay all reasonable costs incurred, and
anticipated to be incurred, by the animal control shelter or animal
protection shelter or the licensed veterinarian in caring for the
animal from the date of initial impoundment to the date of trial.
If cash or other security has been submitted, and the trial in the
action is continued at a later date, any order of continuance shall
require the defendant to submit additional cash or security in an
amount determined by the court to be sufficient to repay all
additional reasonable costs anticipated to be incurred by the
animal control shelter or animal protection shelter or the licensed
veterinarian in caring for the animal until the new date of trial.
If the defendant submits cash or other security to the court under
this subsection the court may enter an order authorizing the use of
that money or other security before final disposition of the
criminal charges to pay the reasonable costs incurred by the animal
control shelter or animal protection shelter or the licensed
veterinarian in caring for the animal from the date of impoundment
to the date of final disposition of the criminal charges. The
testimony of a person at a hearing held under this subsection is
not admissible against him or her in any criminal proceeding except
in a criminal prosecution for perjury. The testimony of a person at
a hearing held under this subsection does not waive the person's
constitutional right against self-incrimination. An animal seized
under this section or section 50b is not subject to any other civil
action pending the final judgment of the forfeiture action under
this subsection.
(4) A person who violates subsection (2) is guilty of a crime
as follows:
(a) Except as otherwise provided in subdivisions (c) and (d),
if the violation involved 1 animal, the person is guilty of a
misdemeanor punishable by 1 or more of the following and may be
ordered to pay the costs of prosecution:
(i) Imprisonment for not more than 93 days.
(ii) A fine of not more than $1,000.00.
(iii) Community service for not more than 200 hours.
(b) Except as otherwise provided in subdivisions (c) and (d),
if the violation involved 2 or 3 animals or the death of any
animal, the person is guilty of a misdemeanor punishable by 1 or
more of the following and may be ordered to pay the costs of
prosecution:
(i) Imprisonment for not more than 1 year.
(ii) A fine of not more than $2,000.00.
(iii) Community service for not more than 300 hours.
(c) If the violation involved 4 or more animals but fewer than
10 animals or the person had 1 prior conviction under subsection
(2), the person is guilty of a felony punishable by 1 or more of
the following and may be ordered to pay the costs of prosecution:
(i) Imprisonment for not more than 2 years.
(ii) A fine of not more than $2,000.00.
(iii) Community service for not more than 300 hours.
(d) If the violation involved 10 or more animals or the person
had 2 or more prior convictions for violating subsection (2), the
person is guilty of a felony punishable by 1 or more of the
following and may be ordered to pay the costs of prosecution:
(i) Imprisonment for not more than 4 years.
(ii) A fine of not more than $5,000.00.
(iii) Community service for not more than 500 hours.
(5) The court may order a person convicted of violating
subsection (2) to be evaluated to determine the need for
psychiatric or psychological counseling and, if determined
appropriate by the court, to receive psychiatric or psychological
counseling. The evaluation and counseling shall be at the
defendant's own expense.
(6) This section does not prohibit a person from being charged
with, convicted of, or punished for any other violation of law
arising
out of the same transaction as the a violation of this
section.
(7) The court may order a term of imprisonment imposed for a
violation of this section to be served consecutively to a term of
imprisonment imposed for any other crime including any other
violation of law arising out of the same transaction as the
violation of this section.
(8) As a part of the sentence for a violation of subsection
(2), the court may order the defendant to pay the costs of the
care, housing, and veterinary medical care for the animal, 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 reason for that action.
(9) As a part of the sentence for a violation of subsection
(2),
the court may, shall, as a condition of probation, order the
defendant not to own or possess an animal for a period of time not
to exceed the period of probation. If a person is convicted of a
second
or subsequent violation of subsection (2), the court may
shall, as a condition of probation, order the defendant not to own
or
possess an animal for any a period of time at least 5 years
after the date of sentencing or the date of release from
incarceration,
whichever is later, including and may order
permanent relinquishment of animal ownership.
(10) A person who owns or possesses an animal in violation of
an order issued under subsection (9) 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 (9) 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 by a fine of not more than $500.00, or both.
(11) 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.
(12) (11)
This section does not prohibit the
lawful killing or
other use of an animal, including 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.
(c) Horse racing.
(d) The operation of a zoological park or aquarium.
(e) 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.
(f)
Farming or a generally accepted animal husbandry or
farming
practice involving livestock.
(f) (g)
Activities authorized under rules
promulgated under
section 9 of the executive organization act of 1965, 1965 PA 380,
MCL 16.109.
(g) (h)
Scientific research under 1969 PA
224, MCL 287.381 to
287.395.
(h) (i)
Scientific research under sections
2226, 2671, 2676,
and 7333 of the public health code, 1978 PA 368, MCL 333.2226,
333.2671, 333.2676, and 333.7333.
(13) (12)
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.
Sec.
50b. (1) As used in this section, "animal" means any a
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 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.
(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 shall, as a
condition of probation, order the
defendant
not to own or possess an animal for any a period of time
determined
by the court, at least 5
years after the date of
sentencing or the date of release from incarceration, whichever is
later,
which and may
include order permanent relinquishment of
animal ownership.
(7) 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.
(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.
Sec.
158. (1) Any A
person who shall commit commits the
abominable and detestable crime against nature either with mankind
or
with any animal shall be is
guilty of a felony , punishable by
imprisonment
in the state prison for not more than 15 years, or if
such
person the defendant was a
sexually delinquent person at the
time
of the said offense, a sexually delinquent person, may be a
felony
punishable by imprisonment in the
state prison for an
indeterminate term, the minimum of which shall be 1 day and the
maximum of which shall be life.
(2) As part of the sentence for a violation of subsection (1),
the court shall, as a condition of probation, order the person
convicted not to own or possess an animal for a period of at least
5 years after the date of sentencing or the date of release from
incarceration, whichever is later, and may order permanent
relinquishment of animal ownership.
Enacting section 1. This amendatory act takes effect 90 days
after the date it is enacted into law.