April 23, 2008, Introduced by Rep. David Law and referred to the Committee on Judiciary.
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 an
animal or who willfully and maliciously and without just cause or
excuse administers poison to an animal, or exposes an animal to any
poisonous substance, other than a substance that is used for
therapeutic veterinary medical purposes, with the intent that the
substance be taken or swallowed by the animal, is guilty of a
felony,
punishable by imprisonment for not more than 4 8 years,
or
by
a fine of not more than $5,000.00 $10,000.00, or community
service
for not more than 500 1,000
hours or any combination of
these penalties.
(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.
(4)
If a term of probation is ordered As part of the sentence
for
a violation of subsection (2), the court may shall order ,
as 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.
(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.
(6) A person who owns or possesses an animal in violation of
an order issued under subsection (5) 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) 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.
(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 term means
that term as defined in
section
5 of 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 287.705.
(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
under part 401 (wildlife conservation) of 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
324.40101 to 324.40120, 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.
(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.