HB-4552, As Passed House, June 14, 2007

SUBSTITUTE FOR

HOUSE BILL NO. 4552

     A bill to amend 1931 PA 328, entitled

"The Michigan penal code,"

by amending section 50b (MCL 750.50b), as amended by 1996 PA 80.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

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

vertebrate other than a human being.

     (2) A person who willfully, maliciously and without just cause

or excuse kills, tortures, mutilates, maims, or disfigures shall

not do either of the following:

     (a) Intentionally kill, torture, mutilate, maim or disfigure

an animal or who willfully and maliciously and without just cause

or excuse administers without just cause.

     (b) Intentionally administer poison to an animal without just

cause, or exposes expose an animal to any poisonous substance ,

other than a substance that is used for therapeutic veterinary

medical purposes without just cause, 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 imprisonment 1 or more of the following:

     (a) Imprisonment for not more than 4 years. , or by a

     (b) A fine of not more than $5,000.00. , or community

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

combination of these penalties.

     (4) 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 violation of this

section.

     (5) 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.

(6) (3) 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.

(7) (4) If a term of probation is ordered for a violation of

subsection (2), the court may order , as a term of sentencing,

including, but not limited to, a condition of 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.

(8) (5) 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.

(9) (6) A person who owns or possesses an animal in violation

of an order issued under subsection (5) (8) 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 (5) (8) 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.

(10) (7) 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" has

the meaning attributed to the means that term as defined in the

animal industry act of 1987, Act No. 466 of the Public Acts of

1988, being sections 287.701 to 287.747 of the Michigan Compiled

Laws 1988 PA 466, MCL 287.701 to 287.745.

(11) (8) 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 pursuant

to part 401 (wildlife conservation) of under the natural resources

and environmental protection act, Act No. 451 of the Public Acts of

1994, being sections 324.40101 to 324.40119 of the Michigan

Compiled Laws 1994 PA 451, MCL 324.101 to 324.90106, and orders

issued under that act.

     (c) Pest or rodent control regulated pursuant to under part 83

(pesticide control) of Act No. 451 of the Public Acts of 1994,

being sections 324.8301 to 324.8336 of the Michigan Compiled Laws

of the natural resources and environmental protection act, 1994 PA

451, MCL 324.8301 to 324.8336.

     (d) Activities authorized pursuant to under rules promulgated

under section 9 of the executive organization act of 1965, Act No.

380 of the Public Acts of 1965, being section 16.109 of the

Michigan Compiled Laws 1965 PA 380, MCL 16.109.

(12) (9) This section does not prohibit the lawful killing or

use of an animal for scientific research pursuant to under any of

the following or a rule promulgated pursuant to under any of the

following:

     (a) Act No. 224 of the Public Acts of 1969, being sections

287.381 to 287.395 of the Michigan Compiled Laws 1969 PA 224, MCL

287.381 to 287.395.

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

health code, Act No. 368 of the Public Acts of 1978, being sections

333.2226, 333.2671, 333.2676, 333.7109, and 333.7333 of the

Michigan Compiled Laws 1978 PA 368, MCL 333.2226, 333.2671,

333.2676, 333.7109, and 333.7333.

     (13) 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.

     Enacting section 1. This amendatory act takes effect January

1, 2008.