February 9, 2010, Introduced by Senators BARCIA, KAHN, BASHAM and PAPPAGEORGE and referred to the Committee on Judiciary.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending the title and section 50b (MCL 750.50b), the title as
amended by 2005 PA 105 and section 50b as amended by 2008 PA 339.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to revise, consolidate, codify, and add to the statutes
relating to crimes; to define crimes and prescribe the penalties,
and
remedies, and sanctions; to provide for restitution and costs
under certain circumstances; to provide for the competency of
evidence at the trial of persons accused of crime and for related
procedures; to provide immunity from prosecution for certain
witnesses
appearing at such trials; and to repeal certain acts and
parts of acts inconsistent with or contravening any of the
provisions of this act.
Sec. 50b. (1) As used in this section, "animal" means any
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 shall 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. The court shall order the animal involved in the violation
to be placed in the custody of the local humane society or other
welfare agency.
(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 order the defendant not to own or possess an
animal
for any period of time determined by the court, which may
include
permanent relinquishment. the
following periods after
sentencing:
(a) For a first violation, not less than 5 years or for the
lifetime of the defendant.
(b) For a second violation, not less than 15 years or for the
lifetime of the defendant.
(c) For a third or subsequent conviction, not less than 15
years or for the lifetime of the defendant.
(7) The court shall cause an order issued under subsection (6)
to be entered into the law enforcement information network as
provided by the C.J.I.S. policy council act, 1974 PA 163, MCL
28.211 to 28.215. 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. guilty of
a crime as follows:
(a) For a first violation, a misdemeanor punishable by
imprisonment for not more than 93 days or a fine of not more than
$1,000.00, or both.
(b) For a second or subsequent violation, a felony punishable
by imprisonment for not more than 4 years or a fine of not more
than $5,000.00, 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.