February 9, 2010, Introduced by Senators 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 section 49 (MCL 750.49), as amended by 2006 PA 129.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 49. (1) As used in this section, "animal" means a
vertebrate other than a human.
(2) A person shall not knowingly do any of the following:
(a) Own, possess, use, buy, sell, offer to buy or sell,
import, or export an animal for fighting or baiting, or as a target
to be shot at as a test of skill in marksmanship.
(b) Be a party to or cause the fighting, baiting, or shooting
of an animal as described in subdivision (a).
(c) Rent or otherwise obtain the use of a building, shed,
room, yard, ground, or premises for fighting, baiting, or shooting
an animal as described in subdivision (a).
(d) Permit the use of a building, shed, room, yard, ground, or
premises belonging to him or her or under his or her control for
any of the purposes described in this section.
(e) Organize, promote, or collect money for the fighting,
baiting, or shooting of an animal as described in subdivisions (a)
to (d).
(f) Be present at a building, shed, room, yard, ground, or
premises where preparations are being made for an exhibition
described in subdivisions (a) to (d), or be present at the
exhibition, knowing that an exhibition is taking place or about to
take place.
(g) Breed, buy, sell, offer to buy or sell, exchange, import,
or export an animal the person knows has been trained or used for
fighting as described in subdivisions (a) to (d), or breed, buy,
sell, offer to buy or sell, exchange, import, or export the
offspring of an animal the person knows has been trained or used
for fighting as described in subdivisions (a) to (d). This
subdivision does not prohibit owning, breeding, buying, selling,
offering to buy or sell, exchanging, importing, or exporting an
animal for agricultural or agricultural exposition purposes.
(h) Own, possess, use, buy, sell, offer to buy or sell,
transport, or deliver any device or equipment intended for use in
the fighting, baiting, or shooting of an animal as described in
subdivisions (a) to (d).
(i) Record the fighting, baiting, or shooting of an animal as
described in subdivisions (a) to (d) or own, possess, use, buy,
sell, offer to buy or sell, transport, or deliver a recording of,
or an item depicting, the fighting, baiting, or shooting of an
animal as described in subdivisions (a) to (d). This subdivision
does not apply to a peace officer acting in the course of his or
her duties or an individual engaged in legitimate educational or
scientific activities and does not prohibit speech protected under
amendment I of the constitution of the United States or section 5
of article I of the state constitution of 1963.
(3) A person who violates subsection (2)(a) to (e) 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 less than $5,000.00 or more than $50,000.00.
(c) Not less than 500 or more than 1,000 hours of community
service.
(4)
A person who violates subsection (2)(f) to (h) (i) 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 less than $1,000.00 or more than $5,000.00.
(c) Not less than 250 or more than 500 hours of community
service.
(5)
The court may shall order a person convicted of violating
this section to pay the costs of prosecution.
(6)
The court may shall order a person convicted of violating
this section to pay the costs for housing and caring for the
animal, including, but not limited to, providing veterinary medical
treatment.
(7) As part of the sentence for a violation of subsection (2),
the court shall order the person convicted not to own or possess an
animal of the same species involved in the violation of this
section
for not less than 5 years after the date of sentencing .
Failure
to comply with the for a
first violation, not less than 15
years after the date of sentencing for a second violation, and not
less than 15 years or for the lifetime of the defendant for a third
or subsequent violation. The court shall cause an order issued
under this subsection 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 violates an order
of
the court pursuant to issued
under this subsection is punishable
as
contempt of court. 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 less than
$1,000.00 or more than $50,000.00, or both imprisonment and a fine.
(b) For a second or subsequent violation, a felony punishable
by imprisonment for not more than 4 years or a fine of not less
than $5,000.00 or more than $50,000.00, or both imprisonment and a
fine.
(8) If a person incites an animal trained or used for fighting
or an animal that is the first or second generation offspring of an
animal trained or used for fighting to attack a person and thereby
causes the death of that person, the owner is guilty of a felony
punishable by imprisonment for life or for a term of years greater
than 15 years.
(9) If a person incites an animal trained or used for fighting
or an animal that is the first or second generation offspring of an
animal trained or used for fighting to attack a person, but the
attack does not result in the death of the person, the owner is
guilty of a felony punishable by imprisonment for not more than 4
years or a fine of not more than $2,000.00, or both.
(10) If an animal trained or used for fighting or an animal
that is the first or second generation offspring of an animal
trained or used for fighting attacks a person without provocation
and causes the death of that person, the owner of the animal is
guilty of a felony punishable by imprisonment for not more than 15
years.
(11) If an animal trained or used for fighting or an animal
that is the first or second generation offspring of an animal
trained or used for fighting attacks a person without provocation,
but the attack does not cause the death of the person, the owner 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.
(12) Subsections (8) to (11) do not apply if the person
attacked was committing or attempting to commit an unlawful act on
the property of the owner of the animal.
(13) If an animal trained or used for fighting or an animal
that is the first or second generation offspring of a dog trained
or used for fighting goes beyond the property limits of its owner
without being securely restrained, the owner is guilty of a
misdemeanor punishable by imprisonment for not more than 90 days or
a fine of not less than $50.00 nor more than $500.00, or both.
(14) If an animal trained or used for fighting or an animal
that is the first or second generation offspring of a dog trained
or used for fighting is not securely enclosed or restrained on the
owner's property, the owner is guilty of a misdemeanor punishable
by imprisonment for not more than 90 days or a fine of not more
than $500.00, or both.
(15) Subsections (8) to (14) do not apply to any of the
following:
(a) A dog trained or used for fighting, or the first or second
generation offspring of a dog trained or used for fighting, that is
used by a law enforcement agency of the state or a county, city,
village, or township.
(b) A certified leader dog recognized and trained by a
national guide dog association for the blind or for persons with
disabilities.
(c) A corporation licensed under the private security business
and security alarm act, 1968 PA 330, MCL 338.1051 to 338.1083, when
a dog trained or used for fighting, or the first or second
generation offspring of a dog trained or used for fighting, is used
in accordance with the private security business and security alarm
act, 1968 PA 330, MCL 338.1051 to 338.1083.
(16) An animal that has been used to fight in violation of
this section or that is involved in a violation of subsections (8)
to (14) shall be confiscated as contraband by a law enforcement
officer and shall not be returned to the owner, trainer, or
possessor of the animal. The animal shall be taken to a local
humane society or other animal welfare agency. If an animal owner,
trainer, or possessor is convicted of violating subsection (2) or
subsections (8) to (14), the court shall award the animal involved
in the violation to the local humane society or other animal
welfare agency.
(17) Upon receiving an animal confiscated under this section,
or at any time thereafter, an appointed veterinarian, the humane
society, or other animal welfare agency may humanely euthanize the
animal if, in the opinion of that veterinarian, humane society, or
other animal welfare agency, the animal is injured or diseased past
recovery or the animal's continued existence is inhumane so that
euthanasia is necessary to relieve pain and suffering.
(18) A humane society or other animal welfare agency that
receives an animal under this section shall apply to the district
court or municipal court for a hearing to determine whether the
animal shall be humanely euthanized because of its lack of any
useful purpose and the public safety threat it poses. The court
shall hold a hearing not more than 30 days after the filing of the
application and shall give notice of the hearing to the owner of
the animal. Upon a finding by the court that the animal lacks any
useful purpose and poses a threat to public safety, the humane
society or other animal welfare agency shall humanely euthanize the
animal. Expenses incurred in connection with the housing, care,
upkeep, or euthanasia of the animal by a humane society or other
animal welfare agency, or by a person, firm, partnership,
corporation, or other entity, shall be assessed against the owner
of the animal.
(19) Subject to subsections (16) to (18), all animals being
used or to be used in fighting, equipment, devices and money
involved in a violation of subsection (2) shall be forfeited to the
state. All other instrumentalities, proceeds, and substituted
proceeds of a violation of subsection (2) are subject to forfeiture
under chapter 47 of the revised judicature act of 1961, 1961 PA
236, MCL 600.4701 to 600.4709.
(20) The seizing agency may deposit money seized under
subsection (19) into an interest-bearing account in a financial
institution. As used in this subsection, "financial institution"
means a state or nationally chartered bank or a state or federally
chartered savings and loan association, savings bank, or credit
union whose deposits are insured by an agency of the United States
government and that maintains a principal office or branch office
located in this state under the laws of this state or the United
States.
(21) An attorney for a person who is charged with a violation
of subsection (2) involving or related to money seized under
subsection (19) shall be afforded a period of 60 days within which
to examine that money. This 60-day period shall begin to run after
notice of forfeiture is given but before the money is deposited
into a financial institution under subsection (20). If the attorney
general, prosecuting attorney, or city or township attorney fails
to sustain his or her burden of proof in forfeiture proceedings
under subsection (19), the court shall order the return of the
money, including any interest earned on money deposited into a
financial institution under subsection (20).
(22) This section does not apply to conduct that is permitted
by and is in compliance with any of the following:
(a) Part 401 of the natural resources and environmental
protection
act, 1994 PA 451, MCL 324.40101 to 324.40119 324.40120.
(b) Part 435 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.43501 to 324.43561.
(c) Part 427 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.42701 to 324.42714.
(d) Part 417 of the natural resources and environmental
protection act, 1994 PA 451, MCL 324.41701 to 324.41712.
(23) This section does not prohibit a person from being
charged with, convicted of, or punished for any other violation of
law that is committed by that person while violating this section.