May 18, 2006, Introduced by Reps. Byrnes, Polidori, Zelenko, Lipsey, Wojno, Jones, Donigan, Miller, Accavitti, Espinoza, Meisner, Clemente, Condino, Bieda, Farrah, Wenke, Adamini, Gaffney, Stakoe and Vagnozzi 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 years, or by
a fine of not more than $5,000.00 for each animal affected, or
community service for not more than 500 hours, or any combination
of these penalties. A sentence imposed for a violation of this
subsection may be imposed to run consecutively to a sentence
imposed for any other conviction that arises out of the same
transaction or any other conviction under this subsection.
(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 for a violation of
subsection (2), the court may 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 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.
(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 324.40119,
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
the natural resources and
environmental protection act, 1994
PA 451, MCL 324.8301 to 324.8336.
(d)
Activities authorized pursuant to 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 chapter 3 of the
administrative procedures act of
1969, 1969 PA 306, MCL 24.231 to 24.264.
(9) This section does not prohibit the lawful killing or use
of an animal for scientific research pursuant to any of the
following or a rule promulgated pursuant to 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.