April 17, 2008, Introduced by Senators GARCIA, GLEASON and ANDERSON and referred to the Committee on Judiciary.
A bill to amend 1988 PA 426, entitled
"An act to regulate dangerous animals; to provide for the
confinement, tattooing, or destruction of dangerous animals; and to
provide penalties for the owners or keepers of dangerous animals
that attack human beings,"
by amending section 3 (MCL 287.323).
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
3. (1) The owner of an animal that meets the definition
of
A person who owns an animal
that he or she knows or has reason
to know is a dangerous animal, as defined in section 1(a), and that
animal
causes the death of a person, is
guilty of involuntary
manslaughter,
punishable under section 321 of the Michigan penal
code,
Act No. 328 of the Public Acts of 1931, being section 750.321
of
the Michigan Compiled Laws a felony punishable by imprisonment
for not more than 15 years or a fine of not less than $5,000.00 or
more than $7,500.00, or both.
(2)
If an animal that meets the definition of A person who
owns an animal that he or she knows or has reason to know is a
dangerous animal, as defined in section 1(a), and that animal
attacks
a person and causes serious injury other than death, the
owner
of the animal is guilty of a felony , punishable by
imprisonment
1 or more of the following:
(a)
Imprisonment for not more than 4 years. ,
a
(b)
A fine of not less than $2,000.00 ,
or community or more
than $5,000.00.
(c)
Community service work for not less
than 500 hours. , or
any
combination of these penalties.
(3)
If an animal previously adjudicated to be A person who
owns an animal that he or she knows or has reason to know is a
dangerous animal, as defined in section 1(a), and that animal
attacks or bites a person and causes an injury that is not a
serious
injury, the owner of the animal is guilty of a misdemeanor
,
punishable by imprisonment 1 or more of the following:
(a)
Imprisonment for not more than 90 93 days. ,
a
(b)
A fine of not less than $250.00 nor more
than $500.00, or
community
$2,000.00.
(c)
Community service work for not less
than 240 360 hours.
,
or
any combination of these penalties.
(4)
If the owner of an animal that is previously adjudicated
to
be A person who owns an
animal that he or she knows or has
reason to know is a dangerous animal, as defined in section 1(a),
and
who allows the animal to run at large, the
owner is guilty of a
misdemeanor , punishable by imprisonment 1 or more of the
following:
(a)
Imprisonment for not more than 90 93 days. ,
a
(b)
A fine of not less than $250.00 nor more
than $500.00, or
community
$2,000.00.
(c)
Community service work for not less
than 240 360 hours.
,
or
any combination of these penalties.
(5) If a person is convicted of a second or subsequent
violation of subsection (3) or (4), that person may be charged with
a felony punishable by 1 or more of the following:
(a) Imprisonment for not more than 4 years.
(b) A fine of not less than $2,000.00 or more than $5,000.00.
(c) Community service work for not less than 500 hours.
(6) As part of a sentence for a violation of subsection (1),
(2), (3), or (4), the court may, as a condition of probation, order
the person not to own or possess an animal for a period of time not
to exceed the period of probation. If a person is convicted of a
second or subsequent violation of subsection (1), (2), (3), or (4),
a court may order the person not to own or possess an animal for
any period of time, which may include permanent relinquishment of
animal ownership.
(7) (5)
The court may order a person
convicted under this
section to pay the costs of the prosecution.