consecutive terms; exceptions; seizure of animals; notice requirements; hearing; security
deposit or bond; authority to humanely euthanize; immunity.
Sec. 50b.
(1) As used in this section:
(a) "Animal" means a vertebrate other than a human being.
(b) "Companion animal" means an animal that is commonly considered to be, or is
considered by the animal's owner to be, a pet, or that is a service animal. Companion animal
includes, but is not limited to, dogs and cats.
(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.
(d) Violate or threaten to violate subdivision (a) or (c) with the intent to cause mental
suffering or distress to a person or to exert control over a person.
(3) If the animal is a companion animal and if a person violates subsection (2)(d) and
intentionally violates subsection (2)(a) or (c), the person is guilty of killing or torturing
animals in the first degree.
(4) If the animal is a companion animal and a person violates subsection (2)(d), or if a
person intentionally violates subsection (2)(a) or (c), the person is guilty of killing or torturing
animals in the second degree.
(5) Except as otherwise provided in subsections (3) and (4), a person who violates
subsection (2) is guilty of killing or torturing animals in the third degree.
(6) Killing or torturing animals in the first degree is a felony punishable by 1 or more of the
following:
(a) Imprisonment for not more than 10 years.
(b) A fine of not more than $5,000.00.
(c) Community service for not more than 500 hours.
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(7) Killing or torturing animals in the second degree is a felony punishable by 1 or more of
the following:
(a) Imprisonment for not more than 7 years.
(b) A fine of not more than $5,000.00.
(c) Community service for not more than 500 hours.
(8) Killing or torturing animals in the third degree is 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.
(c) Community service for not more than 500 hours.
(9) The court may order a term of imprisonment imposed for a violation of this section to be
served consecutively to a term of imprisonment imposed for any other crime including any
other violation of law arising out of the same transaction as the violation of this section.
(10) As a part of the sentence for a violation of subsection (2), the court may order the
defendant to pay restitution, including, but not limited to, the costs of the investigation of the
violation of this section, the costs of the prosecution, and the costs of the seizure, care,
housing, veterinary medical care, and disposition of the animal victim, as applicable. The costs
of the seizure, care, housing, veterinary medical care, and disposition of the animal victim
should not be included in the sentence if they were previously paid by the defendant with a
security deposit or bond as described in subsection (22), (24), (25), or (27). 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. As
used in this subsection, "disposition of the animal victim" includes, but is not limited to, the
transfer, euthanasia, or adoption of the animal.
(11) 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 the defendant's own expense.
(12) 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.
(13) A person that owns or possesses an animal in violation of an order issued under
subsection (12) is subject to revocation of probation if the order is issued as a condition of
probation. A person that owns or possesses an animal in violation of an order issued under
subsection (12) 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, a fine of not more than $500.00, or both.
(14) This section does not prohibit the lawful killing of livestock or a customary animal
husbandry or farming practice involving livestock.
(15) This section does not prohibit the lawful killing of an animal under 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) Section 19 of the dog law of 1919, 1919 PA 339, MCL 287.279.
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(16) 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.
(17) 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.
(18) This section does not prohibit the lawful killing or use of an animal under the animal
industry act, 1988 PA 466, MCL 287.701 to 287.746.
(19) Except as provided in this subsection and subsection (28), an animal that is a victim of
a violation of this section and was seized by an animal control agency pending the outcome of
a criminal action that charges a violation of this section must not be returned to the owner or
possessor of the animal if the owner or possessor is alleged to have violated this section. A
seized animal must be taken to a local animal control agency or a local animal control agency's
designee. A service animal that is a victim of a violation of this section may be seized by an
animal control agency under this section at the animal control agency's discretion, taking into
consideration the totality of the circumstances. If an animal owner or possessor is convicted of
violating subsection (2), the court shall award the animal involved in the violation to the
animal control agency for evaluation and disposition.
(20) An animal control agency taking custody of an animal under subsection (19) shall give
notice not later than 72 hours after the seizure of the animal in person or by registered mail to
the last known address of the animal's owner, if the owner of the animal is known. If the
owner of the animal is unknown, the animal control agency shall give notice not later than 72
hours after the seizure by 1 of the following methods:
(a) Posting at the location of the seizure.
(b) Delivery to an individual that resides at the location of the seizure.
(c) Registered mail to the location of the seizure.
(21) The notice required under subsection (20) must include all of the following:
(a) A description of each animal seized.
(b) The time, date, location, and description of circumstances under which the animal was
seized.
(c) The address and telephone number of the location where or under what animal control
agency's authority the animal is being held and contact information for the individual present
at that location from whom security deposit or bond information may be obtained.
(d) A statement that the owner or possessor of the animal may post a security deposit or
bond that may prevent the forfeiture of the animal for the duration of the criminal, forfeiture,
or other court proceeding until the court makes a final determination regarding the animal's
disposition; that failure to post a security deposit or bond within 14 days after the date on the
notice will result in forfeiture of the animal; and that the owner or possessor of the animal
may, before the expiration of the 14-day period described in this subdivision, request a hearing
from the court with jurisdiction over the alleged violation of subsection (2) on whether the
requirement to post a security deposit or bond is justified, whether the cost associated with the
security deposit or bond is fair and reasonable for the care of and provision for the seized
animal as the costs are described in subsection (10), or both.
(e) A statement that the owner or possessor of the animal is responsible for all costs
described in subsection (10), unless the court determines that the seizure of the animal was not
substantially justified by law.
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(22) A request for a hearing within 14 days after the date on the notice prevents forfeiture of
the animal until the court determines whether the requirement to post a security deposit or
bond is justified, whether the amount of the security deposit or bond is fair and reasonable, or
both. Notice of a request for a hearing under subsection (21) must be served on the animal
control agency holding the animal before the expiration of the 14-day period described in
subsection (21). A hearing on whether the requirement to post a security deposit or bond is
justified, whether the amount of the security deposit or bond is fair and reasonable, or both,
must be held not later than 21 days after the request for a hearing. The hearing is before a
judge without a jury and the prosecuting attorney has the burden to establish by a
preponderance of the evidence that a violation of this section occurred. If the court finds that
the prosecuting attorney has met the burden, that the security deposit or bond is fair and
reasonable, or both, the animal will be forfeited to the animal control agency that seized the
animal unless the owner or possessor of the animal posts the required security deposit or bond
within 72 hours after the hearing. The court shall consider the owner's or possessor's ability to
pay as part of the court's finding of whether the amount of the security deposit or bond is fair
and reasonable. For the purpose of determining the owner's or possessor's ability to pay only,
the court shall consider the owner's or possessor's employment status, employment history,
and financial history. An owner's or possessor's failure to appear at a scheduled hearing
requested under this subsection will result in automatic forfeiture of the animal to the animal
control agency if the date of the scheduled hearing is more than 14 days after the date on the
notice described in subsection (21). The testimony of a defendant at a hearing held under this
subsection is only admissible against the defendant for the purpose of impeachment or in a
criminal prosecution for perjury. The testimony of a defendant at a hearing held under this
subsection does not waive the defendant's constitutional right against self-incrimination.
(23) An animal control agency that holds or requires to be held a seized animal under
subsection (19) shall hold the animal for a period of 14 consecutive days, including weekends
and holidays, beginning on the date notice was given under subsection (20). After the
expiration of the 14 days, if the owner or a possessor of the animal has not posted a security
deposit or bond as provided in subsections (21) and (24) or requested a hearing as described in
subsection (22), the animal is forfeited, and the animal control agency may dispose of the
animal by transfer to another animal control agency, humane euthanasia, or adoption.
(24) The security deposit or bond described in subsection (21)(d) must be in a sufficient
amount to secure payment of all costs described in subsection (10) during a 30-day period
after examination of the animal by a licensed veterinarian. The animal control agency shall
determine the amount of the security deposit or bond not later than 72 hours after the seizure
of the animal and shall make the amount of the security deposit or bond available to the owner
or possessor of the animal on request. Unless the owner or possessor of the animal requests a
hearing as described in subsection (22), the owner or possessor of the animal shall provide
proof of the security deposit or bond to the animal control agency not later than 14 days after
the date on the notice described in subsection (21).
(25) If an animal is seized and is being held by an animal control agency or an animal
control agency's designee pending the outcome of a criminal action charging a violation of this
section and the process in subsections (20) through (24) was not utilized, before final
disposition of the criminal charge, the prosecuting attorney may file a civil action in the court
that has jurisdiction of the criminal action requesting that the court issue an order to forfeit the
animal to the animal control agency before final disposition of the criminal charge. The
prosecuting attorney shall serve a true copy of the summons and complaint on the defendant
owner or possessor of the animal. On the filing of the civil action, the court shall set a hearing
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on the complaint. The hearing must be conducted not later than 21 days after the filing of the
civil action. The hearing must be before a judge without a jury. At the hearing, the prosecuting
attorney has the burden of establishing by a preponderance of the evidence that a violation of
this section occurred. If the court finds that the prosecuting attorney has met the burden and
that the amount of the security deposit or bond necessary to prevent the forfeiture of the
animal from the date of the seizure to 30 days after the date of the hearing is fair and
reasonable based on costs described in subsection (10), the court shall order immediate
forfeiture of the animal to the animal control agency unless the defendant owner or possessor,
within 72 hours after the hearing, submits to the court clerk a security deposit or bond in a
sufficient amount to secure payment of all costs described in subsection (10) after examination
of the animal by a licensed veterinarian from the date of the seizure to the date of the hearing
and for an additional period of 30 days. The court shall consider the owner's or possessor's
ability to pay as part of the court's finding of whether the amount of the security deposit or
bond is fair and reasonable. For the purpose of determining the owner's or possessor's ability
to pay only, the court shall consider the owner's or possessor's employment status,
employment history, and financial history. A defendant owner or possessor's failure to post a
security deposit or bond within 72 hours after the hearing or the defendant owner or
possessor's failure to appear at a scheduled hearing under this subsection will result in
automatic forfeiture of the animal to the animal control agency. The testimony of a defendant
at a hearing held under this subsection is only admissible against the defendant for the purpose
of impeachment or in a criminal prosecution for perjury. The testimony of a defendant at a
hearing held under this subsection does not waive the defendant's constitutional right against
self-incrimination.
(26) An animal control agency that holds or requires to be held a seized animal as provided
in this section may draw on a security deposit or bond posted under subsection (22), (24), (25),
or (27) to cover the actual reasonable costs incurred as described in subsection (10) from the
date of the seizure to the date of the official disposition of the animal in the criminal action.
(27) If a security deposit or bond has been posted under subsection (22), (24), or (25), and
trial in the criminal action does not occur within the initial 30-day bond period or is continued
to a later date, the owner or possessor shall post an additional security deposit or bond in an
amount determined sufficient to cover the costs described in subsection (10) as anticipated to
be incurred by the animal control agency caring for the animal. The additional security deposit
or bond must be calculated in 30-day increments and continue until the criminal action is
resolved. If the owner or possessor of the animal fails to post a new security deposit or bond
with the court before the previous security deposit or bond expires, the animal is forfeited to
the animal control agency caring for the animal.
(28) If the owner or possessor that posted a security deposit or bond under subsection (22),
(24), (25), or (27) is found not guilty in the criminal action, the amount of the security deposit
or bond posted to prevent disposition of the animal if unused for the animal cost of care and,
subject to subsections (29), (30), and (31), the animal must be returned to the owner.
(29) If a security deposit or bond is posted by an owner or possessor of an animal under
subsection (22), (24), (25), or (27) and the court determines that the animal lacks any useful
purpose or poses a threat to public safety under subsection (31), the posting of the security
deposit or bond must not prevent disposition of the animal.
(30) Upon receiving an animal seized under this section, or at any time thereafter, an animal
control agency may humanely euthanize the animal or have the animal euthanized if, in the
opinion of a licensed veterinarian, 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
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suffering. This subsection applies to an animal regardless of whether a security deposit or
bond has been posted under subsection (22), (24), (25), or (27).
(31) An animal control agency that receives an animal seized under this section may apply
to the district court or municipal court for a hearing to determine whether the animal must be
humanely euthanized because of the animal's lack of any useful purpose or the public safety
threat it poses. The court shall hold a hearing not later 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 or poses a threat to public safety, the animal
control agency shall humanely euthanize the animal or have the animal euthanized. Costs
described in subsection (10) that are incurred by an animal control agency, or by a person may,
in the court's discretion, be assessed against the owner of the animal.
(32) An animal control agency is immune from civil liability for the lawful disposition of an
animal under this section.§ 750.50bAnimal and companion animal defined; prohibited acts; violation; penalty;
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