October 8, 2013, Introduced by Reps. Santana, Knezek, Schor, Stallworth, Talabi, Cavanagh and Muxlow and referred to the Committee on Criminal Justice.
A bill to amend 1927 PA 175, entitled
"The code of criminal procedure,"
(MCL 760.1 to 777.69) by adding section 1 to chapter XVI.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
CHAPTER XVI
Sec. 1. If person is charged with committing an animal abuse
offense, the prosecuting attorney handing that case shall promptly
notify the department of state police that the individual has been
charged with that animal abuse offense. The information shall be
provided to the department of state police in the manner required
by the department of state police. The department of state police
shall enter the information obtained under this section into the
department's criminal history database for purposes of providing
that information through ICHAT to animal control shelters and
animal protection shelters under section 8c of 1969 PA 287, MCL
287.338c. As used in this section:
(a) "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) A violation of a local ordinance substantially
corresponding to a violation described in subparagraphs (i) to (vi).
(viii) An attempt or conspiracy to commit an offense described
in subparagraphs (i) to (vii).
(b) "ICHAT" means the internet criminal history access tool
maintained by the department of state police.
(c) "Prosecuting attorney" means any of the following:
(i) The state attorney general or an assistant attorney
general.
(ii) A county prosecuting attorney or an assistant county
prosecuting attorney.
(iii) The attorney for a village, city, or township or an
assistant attorney for a village, city, or township.
Enacting section 1. This amendatory act does not take effect
unless all of the following bills of the 97th Legislature are
enacted into law:
(a) House Bill No. 4534.
(b) Senate Bill No. or House Bill No. 5062 (request no.
03369'13).
(c) Senate Bill No. or House Bill No. 5061 (request no.
03722'13).