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MI HB6034

Bill

Status

Introduced

5/17/2018

Primary Sponsor

Sherry Gay-Dagnogo

Click for details

Origin

House of Representatives

99th Legislature

AI Summary

  • Amends Michigan Penal Code Section 50 to establish that a person cannot perform a devocalization procedure on an animal or knowingly permit one without a licensed veterinarian determining the procedure is for a therapeutic purpose as defined in the Public Health Code.

  • Adds comprehensive definitions to animal cruelty laws including "adequate care," "animal," "devocalization," "tethering," and specific shelter requirements for dogs (owner's residence, enclosed doghouse with dry bedding in freezing temperatures, or insulated structure).

  • Prohibits tethering dogs unless the tether is at least 3 times the dog's length measured nose-to-tail base and attached to a harness or nonchoke collar designed for tethering.

  • Establishes tiered criminal penalties ranging from misdemeanor (1 animal: up to 93 days imprisonment/$1,000 fine) to felony (10+ animals or 2+ prior convictions: up to 4 years imprisonment/$5,000 fine), with courts able to order psychiatric evaluation, animal care cost restitution, and prohibition on animal ownership.

  • Allows prosecuting attorneys to file civil forfeiture actions for impounded animals before final criminal disposition, with hearings required within 14 days and defendants able to post security to retain custody pending trial; exempts lawful hunting, farming, scientific research, and veterinary practice from animal cruelty provisions.

Legislative Description

Crimes; animals; penalties for performing or allowing a devocalization procedure to be performed if no therapeutic purpose; provide for. Amends sec. 50 of 1931 PA 328 (MCL 750.50). TIE BAR WITH: HB 6031'18

Crimes: penalties

Last Action

Bill Electronically Reproduced 05/17/2018

5/22/2018

Committee Referrals

Agriculture5/17/2018

Full Bill Text

No bill text available