PROHIBIT PROVIDING ANIMAL FOR ABUSE                                     S.B. 316 (S-1) & 317:

                                                                                                    SUMMARY OF BILL

                                                                                     REPORTED FROM COMMITTEE

Senate Bill 316 (Substitute S-1 as reported)

Senate Bill 317 (as reported without amendment)

Sponsor:  Senator Michael D. MacDonald (S.B. 316)

               Senator Paul Wojno (S.B. 317)

Committee:  Judiciary and Public Safety

CONTENT

Senate Bill 316 (S-1) would amend the Michigan Penal Code to do the following:

-- Prohibit a person from providing an animal to another for fighting or baiting, or as a shooting target.

-- Prohibit an owner, possessor, breeder, operator of a pet shop, or person having charge or custody of an animal from making an agreement to provide an animal to an individual for the purpose of abusing the animal.

-- Prescribe misdemeanor and felony penalties for violations of the bill.

Senate Bill 317 would amend the Code of Criminal Procedure to include in the sentencing guidelines the felony penalties proposed by Senate Bill 317.

Senate Bill 317 is tie-barred to Senate Bill 316.

MCL 750.49 & 750.50 (S.B. 316)                              Legislative Analyst:  Stephen Jackson

       777.16b (S.B. 317)

FISCAL IMPACT

Senate Bill 316 (S-1) would have a negative fiscal impact on the State and local government. New misdemeanor arrests and convictions under the bill could increase resource demands on law enforcement, court systems, community supervision, and jails. However, it is unknown how many people would be prosecuted under the bill's provisions. Any additional revenue from imposed fines would go to local libraries.

Senate Bill 317 would have no fiscal impact on local government and an indeterminate fiscal impact on the State, in light of the Michigan Supreme Court's July 2015 opinion in People v. Lockridge, in which the Court ruled that the sentencing guidelines are advisory for all cases. This means that the addition to the guidelines under the bill would not be compulsory for the sentencing judge. As penalties for felony convictions vary, the fiscal impact of any given felony conviction depends on judicial decisions.

Date Completed:  11-12-19                                                 Fiscal Analyst:  Joe Carrasco

This analysis was prepared by nonpartisan Senate staff for use by the Senate in its deliberations and does not constitute an official statement of legislative intent.