Anti-Cruelty

Summary:

This document is the legislative analysis for House Bills 4551 and 4552. The bills (now law) amend the penal laws (MCL 750.50) to revise the penalties for harming animals and allow for consecutive sentencing.  Both bills would exempt veterinarians and veterinarian technicians from the prohibitions and penalties when lawfully engaging in the practice of veterinarian medicine. Under the new law, a court could order a term of imprisonment imposed for a violation prohibited under the bills 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. 

Summary: The Michigan Legislature has designed three primary provisions related to cruelty to animals: intentional infliction of pain and suffering, duty to provide care, and anti-animal fighting. The intentional infliction of pain and suffering provision carries the most severe penalties for animal cruelty and a violation is automatically a felony. A violation of the duty to provide care provision is initially a misdemeanor, which becomes a felony for a second or subsequent violation. A violation of the anti-animal fighting provision is either a misdemeanor or a felony, depending on the severity of conduct related to fighting. The provision does not apply to the lawful killing of livestock or customary animal husbandry of livestock, or lawful fishing, hunting, trapping, wildlife control, pest or rodent control, and animal research.

Summary: This statute provides that a person violating any of the animal cruelty statutes may be arrested without warrant, similar to the arrest of those found disturbing the peace.  Further, the official making the arrest has a duty to seize the animals involved and place them in the custody of the jurisdiction.

Summary: Note: Repealed by P.A.2015, No. 210, § 1(f), Eff. March 14, 2016. This statute provides that it is the duty of the officials involved in animal cruelty investigations to arrest and prosecute those committing the offenses where there is knowledge or reasonable notice of the acts. The failure or neglect by an officer involved to do so may result in a misdemeanor.

Summary: This statute outlines the penalty for the intentional physical harm or interference with a police dog or horse. The statute provides for a misdemeanor in the case of interference to the animal and a five-year felony where the animal was killed or seriously physically injured. If the interference was committed during the commission of another felony, then the penalty rises to a potential two-year imprisonment.

Summary: This is the felony animal cruelty law in Michigan. Under the law, a person is guilty of killing or torturing animals if they: (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; or (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. Whether the offense becomes a first, second, or third degree felony depends on listed factors, including whether the animal is a companion animal (as defined in the law). A first degree felony conviction results in imprisonment up to 10 years, a fine of not more than $5,000, and/or community service for not more than 500 hours. As a part of the sentence, 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 animal victim, and the court may order the defendant to not own or possess an animal for ANY period of time including permanent relinquishment. Lawful killing of animals including fishing, hunting, pest control, and scientific research are excluded.

Summary: This statute makes it a misdemeanor to (1) willfully and maliciously assault, beat, harass, injure, or attempt to assault, beat, harass, or injure a service animal that he or she knows or has reason to believe is a service animal used by a person with a disability; or (2) willfully and maliciously impede or interfere with, or attempt to impede or interfere with, duties performed by a service animal that he or she knows or has reason to believe is a service animal used by a person with a disability. Violation is a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.

Summary: This statute sets out the Michigan duty of care for all vertebrate animals, including what constitutes sufficient food, water, shelter, sanitary conditions, exercise, and veterinary medical attention in order to maintain an animal in a state of good health. Also explained are the penalty and forfeiture provisions for violations of the statute. The exclusions under the statute include those animals used in hunting, fishing, trapping, horse racing, farming, pest control, zoos, lawful killing under the Animal Industry Act, and scientific research. In 2019, the penalty provisions were revised. A first violation with one animal is a 93 day/$1,000 misdemeanor. If the violation involves two or three animals or the death of any animal, the penalty increases to a 1-year/$2,000 misdemeanor. If the violation involved 4 or more animals but fewer than 10 animals or the person had one prior conviction, it becomes a 2-year/$2,000 felony. If the violation involved 10 or more animals but fewer than 25 animals or the person had two prior convictions, it becomes a 4-year/$5,000 felony. If the violation involved 25 or more animals or the person has had 3 or more prior convictions, it becomes a 7-year/$10,000 felony. Finally, if the person is an operator of a pet shop and he or she has had 5 or more prior convictions, it is a 2-year/$5,000 felony.

Summary: This statute provides that if a juvenile is found to be within the court's jurisdiction for an offense that, if committed by an adult, would be a violation of the Michigan penal code relating to either cruelty to animals or arson, the court shall order that the juvenile be evaluated to determine if he or she needs psychiatric or psychological treatment. If the court determines that psychiatric or psychological treatment is appropriate, the court may order that treatment in addition to any other treatments or penalties allowed by law.

Summary: These Maine statutes comprise the state's anti-cruelty and animal fighting provisions. The first section of laws occurs under Title 7, Agriculture and Animals. Under these laws, a person commits animal cruelty if he or she kills the animal of another person; kills an animal by an inhumane method; injures, overworks, tortures, torments, abandons or cruelly beats or intentionally mutilates an animal; gives drugs to an animal with an intent to harm the animal; gives poison or alcohol to an animal; or exposes a poison with intent that it be taken by an animal. The neglect component of the statute provides that a person commits cruelty if he or she deprives an animal that the person owns or possesses of necessary sustenance, necessary medical attention, proper shelter, protection from the weather or humanely clean conditions. These acts are then cross-referenced under the criminal provisions of Title 17, which describes the penalties under § 1031. Animal fighting is a class D crime under this section.