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“House Bill 4332 amends the Penal Code to increase penalties for certain animal abuse violations . . . . The bill also brings breeders and pet shop owners under the animal abuse law and provides protections for companion animals. HB 4333 amends the sentencing guidelines . . . to reflect the penalties in HB 4332.”
–House Fiscal Agency Legislative Analysis to June 24, 2019
Although passed and signed into law last year and in effect as of late March this year, the Michigan Legislature’s final Legislative Analysis has recently been filed. It’s a good opportunity for review. We urge you to read the full analysis. ‘Complete information is available at the Michigan Legislature website, for HB 4332 and HB 4333. Also included is an analysis of significant provisions of the laws which we believe have been under-reported.
General information:
House Bills 4332 and 4333 as enacted Public Acts 452 and 652 of 2018 Sponsor: Rep. Tommy Brann House Committee: Law and Justice Senate Committee: Judiciary
The new laws strengthen Michigan’s animal crimes laws in three major areas:
1. Amend MCLA §750.50. Existing prohibitions against animal neglect or cruelty are extended to pet shops and breeders. The definition is expanded. Penalties are increased.
25 or more animals or 3 or more prior convictions of the law: felony, up to 7 yrs, $10,000 fine, 500 hrs community service As part of this sentence, judge may order probation for any term of yrs, but not less than five yrs
The law now applies to breeders and pet shop owners
Breeder/pet shop owner with 5 or more prior convictions is a felony, up to 2 yrs, $5,000 fine or both
2. Amend MCLA §750.50b. Adds categories of 1st, 2nd and 3rd degrees of “killing or torturing animals”. Expands its definition. Increases penalties to a maximum of 10 years in prison.
Current law prohibits the knowing or reckless killing, torturing, mutilation, maiming, disfigurement; or poisoning of an animal. Maximum 4 year penalty. That remains.
If done "with the intent to cause mental suffering or distress to a person or to exert control over a person", it's first or second degree animal killing or torturing. First, second degree apply if victim is a "companion animal." Maximum penalty, 10 yrs (1st), 7 yrs (2nd), 4 yrs (3rd). Absent intent to cause harm to a person, as defined above, the act is third degree, with the penalty remaining at 4 yrs.
3. Sentencing guidelines upgraded to reflect changes to the law.
Until this law passed, the maximum was up to 4 years; now maximum is 10 for 1st degree killing or torturing
The actual sentence a particular defendant receives is governed by two sets of variables: (1) defendant's prior record (2) "offense variables" which are factors surrounding the crime that can lead to a higher sentence
The law amends several "offense variables" to incorporate these changes
Comment:
These changes to the criminal code are long overdue and substantial. They deservedly have received much publicity and attention. Some noteworthy features of the new law, which have not received much attention include:
- The increased length of probation (at least five, but any number of years) applies to the cases where this is most needed: those involving 25 or more animals, or for offenders who have had 3 or more prior convictions under MCLA §750.50 (2) which encompasses many acts, including but not limited to: failure to provide adequate care; abandonment; cruelly drive, work or beat an animal; negligently allow any animal to suffer unnecessary neglect, torture, or pain. These would involve hoarders and repeat offenders, the very type of people who need the oversight and supervision that probation provides.
- Breeders and pet shop owners are now explicitly subject to criminal penalties. This is another tool in the toolbox for activists, but is dependent on prosecutors bringing charges.
- It adds a definition of “Companion Animal”: “… means an animal that is commonly considered to be, or is considered by its owner to be, a
pet, or that is a service animal …”MCLA §750.50b (1)(b) (emphasis added). Some of the highest penalties are reserved for threats or harm to companion animals. The definition is very (human) victim oriented; it could possibly include harm to rabbits, horses, chickens. - A major milestone is the explicit inclusion, for the first time, of animals in the “Offense Variables” (discussed below), a step on the way of the law treating animals not simply as property.
- The Sentencing Guidelines, even more than the maximum sentence provided in the law (which are now 7 years and 10 years for certain crimes), determine the actual sentence given. Thus, unless the offender has a prior record, the actual sentence likely will be nowhere near the maximum. Attorneys for Animals and others have been reviewing the Sentencing Guidelines since before these laws went into effect. We will be proposing certain “tweaks” to the guidelines which will bring the sentence in the most egregious cases more in line with the acts. While it is true that the judge can deviate from the Sentencing Guidelines, it is rarely done and she or he must give a rationale. This happened in the Sterling case earlier this year, where a dog was brutally murdered. The defendant is in the process of appealing the sentence. (Note that the new law was not in effect in this case.)
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