ANIMAL ABUSE:  REVISE PENALTIES

House Bill 4550

House Bill 4551

Sponsor:  Rep. John Espinoza

House Bill 4552

Sponsor:  Rep. Pam Byrnes

Committee:  Judiciary

Complete to 5-22-07

A SUMMARY OF HOUSE BILLS 4550-4552 AS INTRODUCED 3-29-07

The bills would amend the penal laws and the sentencing guidelines to revise the penalties for harming animals and allow for consecutive sentencing.  Specifically, the bills would do the following:

House Bill 4551

The bill would amend the Michigan Penal Code (MCL 750.50 and 750.50b).  Section 50 of the code prohibits various actions by an owner, possessor, or person having the charge of an animal that result in harm to the animal.  One of the prohibited actions on the part of an owner, possessor, or person having charge of an animal is to willfully or negligently allow any animal, including one who was aged, diseased, maimed, hopelessly sick, disabled, or nonambulatory to suffer unnecessary neglect, torture, or pain; the bill would delete willfully and apply the prohibition only to those actions that were negligent. 

The bill would also apply the definition of "tethering", which means the restraint and confinement by use of a chain, rope, or similar device, to an animal rather than just to a dog. 

Current penalties for a violation of the prohibited acts are based on the number of prior convictions, and range from a 93-day misdemeanor for a first offense to a four-year felony for a third or subsequent violation.  In addition, a court can impose a fine, community service, and/or order the offender to pay the costs associated with his or her prosecution. 

The bill would instead base penalties on the number of animals involved in the violation or the number of prior convictions as follows:

Offense	Offense Level	Punishment: Any 1 or more
One animal and first offense	Misdemeanor	- Up to 93 days imprisonment - Maximum $1,000 fine - Up to 200 hours community service - May be ordered to pay costs of prosecution
Two or three animals or death of an animal Continued:  two or three animals or death of an animal	Misdemeanor	- Up to one year imprisonment - Maximum $2,000 fine - Up to 300 hours community service - May be ordered to pay costs of prosecution
Four to nine animals OR one prior conviction	Felony	- Up to 2 years imprisonment - Maximum $2,000 fine - Up to 300 hours community service - May be ordered to pay costs of prosecution
- 10 or more animals OR two or more prior convictions	Felony	- Up to 4 years imprisonment - Maximum fine of $5,000 -  Up to 500 hours community service - May be ordered to pay costs of prosecution

Section 50b of the penal code also makes it a crime for any person (not just an owner, possessor, or person having the charge of an animal) to willfully, maliciously, and without just cause or excuse kill, torture, mutilate, maim, or disfigure an animal or willfully and maliciously and without just cause or excuse administer poison to an animal or expose an animal to any poisonous substance.  The bill would revise this provision and instead prohibit a person from doing any of the following (italics denote change):

·                     Intentionally killing, torturing, mutilating, maiming, or disfiguring an animal without just cause.

·                     Intentionally administering poison to an animal without just cause, or expose an animal to any poisonous substance without just cause (with the exception of a substance used for a therapeutic veterinary medical purpose).

·                     Intentionally allow an animal, including one who was aged, diseased, maimed, hopelessly sick, disabled, or nonambulatory to suffer unnecessary neglect, torture, or pain.

The penalties for a violation of the above would remain unchanged:  a person would be guilty of a felony punishable by imprisonment for not more than four years, a fine of not more than $5,000, and/or community service for not more than 500 hours.

Furthermore, the bill specifies that it would not prohibit a person from being charged with, convicted of, or punished for any other violation of Section 50 or 50b.  Moreover, a court could order a term of imprisonment imposed for a violation of Section 50 or 50b 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.

 

House Bill 4550

The bill would amend the Code of Criminal Procedure (MCL 777.16b) to revise the corresponding provisions in the sentencing guidelines to reflect the changes proposed by House Bill 4551.  The bill is tie-barred to House Bill 4551.

House Bill 4552

The bill would also amend Section 50b of the Michigan Penal Code (750.50b).  It would specify that the fine of $5,000 that could be imposed for willfully, maliciously and without just cause or excuse killing, torturing, mutilating, maiming, or disfiguring an animal, or poisoning an animal, would apply for each animal affected.

In addition, a sentence imposed for a violation of the above could be imposed to run consecutively to a sentence imposed for any other conviction arising out of the same transaction or any other conviction under that provision.

FISCAL IMPACT:

The bills' fiscal impact would depend on how they affected misdemeanor and felony convictions and sentences.  There are no data on the numbers of misdemeanor convictions under current law, but to the extent that the bills increased the numbers of misdemeanor convictions or the severity of misdemeanor sentences, local costs of jail incarceration or misdemeanor probation supervision, both of which vary by county, could increase. 

 

There was one sentence in 2005 for felony animal neglect/cruelty (MCL 750.50), and the offender was sentenced to probation.  Of the 38 felons sentenced in 2005 for animal torture (MCL 750.50b), eight were sentenced to prison, 11 were sentenced to probation, 17 were sentenced to jail, and one was "other" (such as Holmes Youthful Trainee Act).  Two offenders were committed to the Department of Corrections in 2004 for violation or the attempted violation of MCL 750.50b; the average sentence was 1.4 years. 

 

To the extent that the bills increased the numbers of felony convictions or the severity of felony sentences, they could increase state costs.  The average appropriated cost of prison incarceration is about $31,000 per prisoner annually; felony parole and probation supervision averages about $2,000 per supervised offender per year.

 

Any increase in penal fine revenues could benefit local libraries, which are the constitutionally-designated recipients of such revenues.

                                                                                           Legislative Analyst:   Susan Stutzky

                                                                                                   Fiscal Analyst:   Marilyn Peterson

■This analysis was prepared by nonpartisan House staff for use by House members in their deliberations, and does not constitute an official statement of legislative intent.