September 5, 2006, Introduced by Senators GOSCHKA, KUIPERS, JOHNSON, GILBERT, GARCIA and BARCIA and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 50c (MCL 750.50c), as amended by 2002 PA 672.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 50c. (1) As used in this section:
(a) "Dog handler" means a peace officer who has successfully
completed training in the handling of a police dog pursuant to a
policy of the law enforcement agency that employs that peace
officer.
(b) "Physical harm" means any injury to a dog's or horse's
physical condition.
(c)
"Police dog" means a either
of the following:
(i) A dog used by a law enforcement agency of this state or of
a local unit of government of this state that is trained for law
enforcement work and subject to the control of a dog handler.
(ii) A search and rescue dog.
(d) "Police horse" means a horse used by a law enforcement
agency of this state or of a local unit of government of this state
for law enforcement work.
(e) "Serious physical harm" means any injury to a dog's or
horse's physical condition or welfare that is not necessarily
permanent but that constitutes substantial body disfigurement, or
that seriously impairs the function of a body organ or limb.
(f) "Search and rescue dog" means a dog that is trained or
being trained for the purpose of locating or rescuing lost,
injured, or deceased individuals and is owned by an independent
handler or by a member of a search and rescue team and used in
conjunction with local law enforcement or emergency services
organizations.
(2) A person shall not intentionally kill or cause serious
physical harm to a police dog or police horse.
(3) A person shall not intentionally cause physical harm to a
police dog or police horse.
(4) A person shall not intentionally harass or interfere with
a police dog or police horse lawfully performing its duties.
(5) A person who violates subsection (2) is guilty of a felony
punishable by imprisonment for not more than 5 years or a fine of
not more than $2,500.00, or both.
(6) Except as provided in subsection (7), a person who
violates subsection (3) or (4) 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.
(7) A person who violates subsection (3) or (4) while
committing a crime is guilty of a felony punishable by imprisonment
for not more than 2 years or a fine of not more than $1,500.00, or
both.
(8) This section does not prohibit an individual from being
charged with, convicted of, or punished for any other violation of
law committed by that individual while violating this section.