Crimes: animals; restitution for care and treatment of certain forfeited animals; impose penalty on ownership of animal to person convicted of certain crimes against animal, the official text

Act No. 88

Public Acts of 2026

Approved by the Governor

July 21, 2026

Filed with the Secretary of State

July 27, 2026

EFFECTIVE
DATE: July 27, 2026

state of michigan

103rd Legislature

Regular session of 2026

Introduced by Senators Polehanki, Bayer, Shink, Chang,
Geiss and Wojno

ENROLLED SENATE BILL No. 294

AN ACT to amend 1931 PA 328,
entitled “An act to revise, consolidate, codify, and add to the statutes
relating to crimes; to define crimes and prescribe the penalties and remedies;
to provide for restitution under certain circumstances; to provide for the
competency of evidence at the trial of persons accused of crime; to provide
immunity from prosecution for certain witnesses appearing at criminal trials;
to provide for liability for damages; and to repeal certain acts and parts of
acts inconsistent with or contravening any of the provisions of this act,” by
amending section 50b (MCL 750.50b), as amended by 2018 PA 452.

The People of the State of
Michigan enact:

Sec.
50b. (1) As used in this section:

(a) “Animal” means a vertebrate other than a human being.

(b)
“Companion animal” means an animal that is
commonly considered to be, or is considered by the animal’s owner to be, a pet,
or that is a service animal. Companion animal includes, but is not limited to,
dogs and cats.

(2) Except as otherwise provided in this section, a person
shall not do any of the following without just cause:

(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.

(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.

(3) If the animal is a companion animal and if a person
violates subsection (2)(d) and intentionally violates subsection (2)(a) or (c),
the person is guilty of killing or torturing animals in the first degree.

(4) If the animal is a companion animal and a person violates
subsection (2)(d), or if a person intentionally violates subsection (2)(a) or
(c), the person is guilty of killing or torturing animals in the second degree.

(5) Except as otherwise provided in subsections (3) and (4),
a person who violates subsection (2) is guilty of killing or torturing animals
in the third degree.

(6) Killing or torturing animals in the first degree is a
felony punishable by 1 or more of the following:

(a) Imprisonment for not more than 10 years.

(b) A fine of not more than $5,000.00.

(c) Community service for not more than 500 hours.

(7) Killing or torturing animals in the second degree is a
felony punishable by 1 or more of the following:

(a) Imprisonment for not more than 7 years.

(b) A fine of not more than $5,000.00.

(c) Community service for not more than 500 hours.

(8) Killing or torturing animals in the third degree is a
felony punishable by 1 or more of the following:

(a) Imprisonment for not more than 4 years.

(b) A fine of not more than $5,000.00.

(c) Community service for not more than 500 hours.

(9) The court may order a term of imprisonment imposed for a
violation of this section 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.

(10) As a part of the sentence for a violation of subsection
(2), the court may order the defendant to pay restitution, including, but not
limited to, the costs of the investigation of the violation of this section,
the costs of the prosecution, and the costs of the seizure, care, housing,
veterinary medical care, and disposition of the animal victim, as applicable.
The costs of the seizure, care, housing, veterinary medical care, and
disposition of the animal victim should not be included in the sentence if they
were previously paid by the defendant with a security deposit or bond as
described in subsection (22), (24), (25), or (27). If the court does not order
a defendant to pay all of the applicable costs listed in this subsection, or
orders only partial payment of these costs, the court shall state on the record
the reasons for that action. As used in this subsection, “disposition of the
animal victim” includes, but is not limited to, the transfer, euthanasia, or
adoption of the animal.

(11) If a term of probation is ordered for a violation of
subsection (2), the court may include as a condition of that probation that the
defendant be evaluated to determine the need for psychiatric or psychological
counseling and, if determined appropriate by the court, to receive psychiatric
or psychological counseling at the defendant’s own expense.

(12) As a part of the sentence for a violation of subsection
(2), the court may order the defendant not to own or possess an animal for any
period of time determined by the court, which may include permanent
relinquishment.

(13) A person that owns or possesses an animal in violation
of an order issued under subsection (12) is subject to revocation of probation
if the order is issued as a condition of probation. A person that owns or
possesses an animal in violation of an order issued under subsection (12) is
also subject to the civil and criminal contempt power of the court and, if
found guilty of criminal contempt, may be punished by imprisonment for not more
than 90 days, a fine of not more than $500.00, or both.

(14) This section does not prohibit the lawful killing of
livestock or a customary animal husbandry or farming practice involving
livestock.

(15) This section does not prohibit the lawful killing of an
animal under any of the following:

(a) Fishing.

(b) Hunting, trapping, or wildlife control regulated under
the natural resources and environmental protection act, 1994 PA 451, MCL
324.101 to 324.90106, and orders issued under that act.

(c) Pest or rodent control regulated under part 83 of the
natural resources and environmental protection act, 1994 PA 451, MCL 324.8301
to 324.8336.

(d) Section 19 of the dog law of 1919, 1919 PA 339, MCL
287.279.

(16) This section does not prohibit the lawful killing or use
of an animal for scientific research under any of the following or a rule
promulgated under any of the following:

(a) 1969 PA 224, MCL 287.381 to 287.395.

(b) Sections 2226, 2671, 2676, 7109, and 7333 of the public
health code, 1978 PA 368, MCL 333.2226, 333.2671, 333.2676, 333.7109, and
333.7333.

(17) This section does not apply to a veterinarian or a
veterinary technician lawfully engaging in the practice of veterinary medicine
under part 188 of the public health code, 1978 PA 368, MCL 333.18801 to
333.18838.

(18) This section does not prohibit the lawful killing or use
of an animal under the animal industry act, 1988 PA 466, MCL 287.701
to 287.746.

(19)
Except as provided in this subsection and subsection (28), an animal that is a
victim of a violation of this section and was seized by an animal control
agency pending the outcome of a criminal action that charges a violation of
this section must not be returned to the owner or possessor of the animal if
the owner or possessor is alleged to have violated this section. A seized
animal must be taken to a local animal control agency or a local animal control
agency’s designee. A service animal that is a victim of
a violation of this section may be seized by an animal control agency under
this section at the animal control agency’s discretion, taking into
consideration the totality of the circumstances. If an animal owner or
possessor is convicted of violating subsection (2), the court shall award the
animal involved in the violation to the animal control agency for evaluation
and disposition.

(20)
An animal control agency taking custody of an animal under subsection (19)
shall give notice not later than 72 hours after the seizure of the animal in
person or by registered mail to the last known address of the animal’s owner,
if the owner of the animal is known. If the owner of the animal is unknown, the
animal control agency shall give notice not later than 72 hours after the
seizure by 1 of the following methods:

(a)
Posting at the location of the seizure.

(b)
Delivery to an individual that resides at the location of the seizure.

(c)
Registered mail to the location of the seizure.

(21)
The notice required under subsection (20) must include all of the following:

(a)
A description of each animal seized.

(b)
The time, date, location, and description of circumstances under which the
animal was seized.

(c)
The address and telephone number of the location where or under what animal
control agency’s authority the animal is being held and contact information for
the individual present at that location from whom security deposit or bond
information may be obtained.

(d)
A statement that the owner or possessor of the animal may post a security
deposit or bond that may prevent the forfeiture of the animal for the duration
of the criminal, forfeiture, or other court proceeding until the court makes a
final determination regarding the animal’s disposition; that failure to post a
security deposit or bond within 14 days after the date on the notice will
result in forfeiture of the animal; and that the owner or possessor of the
animal may, before the expiration of the 14-day period described in this
subdivision, request a hearing from the court with jurisdiction over the
alleged violation of subsection (2) on whether the requirement to post a
security deposit or bond is justified, whether the cost associated with the
security deposit or bond is fair and reasonable for the care of and provision
for the seized animal as the costs are described in subsection (10), or both.

(e)
A statement that the owner or possessor of the animal is responsible for all
costs described in subsection (10), unless the court determines that the
seizure of the animal was not substantially justified by law.

(22)
A request for a hearing within 14 days after the date on the notice prevents
forfeiture of the animal until the court determines whether the requirement to
post a security deposit or bond is justified, whether the amount of the
security deposit or bond is fair and reasonable, or both. Notice of a request
for a hearing under subsection (21) must be served on the animal control
agency holding the animal before the expiration of the

14-day period described in subsection (21). A hearing on whether the
requirement to post a security deposit or bond is justified, whether the amount
of the security deposit or bond is fair and reasonable, or both, must be held not later than 21 days after the request
for a hearing. The hearing is before a judge without a jury and the
prosecuting attorney has the burden to establish by a preponderance of the
evidence that a violation of this section occurred. If the court finds that the
prosecuting attorney has met the burden, that the security deposit or bond is
fair and reasonable, or both, the animal will be forfeited to the animal
control agency that seized the animal unless the owner or possessor of the
animal posts the required security deposit or bond within 72 hours after the hearing.
The court shall consider the owner’s or possessor’s ability to pay as part of
the court’s finding of whether the amount of the security deposit or bond is
fair and reasonable. For the purpose of determining the owner’s or possessor’s
ability to pay only, the court shall consider the owner’s or possessor’s
employment status, employment history, and financial history. An owner’s or
possessor’s failure to appear at a scheduled hearing requested under this
subsection will result in automatic forfeiture of the animal to the animal
control agency if the date of the scheduled hearing is more than 14 days after
the date on the notice described in subsection (21). The testimony of a
defendant at a hearing held under this subsection is only admissible against
the defendant for the purpose of impeachment or in a criminal prosecution for
perjury. The testimony of a defendant at a hearing held under this subsection
does not waive the defendant’s constitutional right against self-incrimination.

(23)
An animal control agency that holds or requires to be held a seized animal
under subsection (19) shall hold the animal for a period of 14 consecutive
days, including weekends and holidays, beginning on the date notice was given
under subsection (20). After the expiration of the 14 days, if the owner or a
possessor of the animal has not posted a security deposit or bond as provided
in subsections (21) and (24) or requested a hearing as described in subsection
(22), the animal is forfeited, and the animal control agency may dispose of the
animal by transfer to another animal control agency, humane euthanasia, or
adoption.

(24)
The security deposit or bond described in subsection (21)(d) must be in a
sufficient amount to secure payment of all costs described in subsection (10)
during a 30-day period after examination of the animal by a licensed
veterinarian. The animal control agency shall determine the amount of the
security deposit or bond not later than 72 hours after the seizure of the
animal and shall make the amount of the security deposit or bond available to
the owner or possessor of the animal on request. Unless the owner or possessor
of the animal requests a hearing as described in subsection (22), the owner or
possessor of the animal shall provide proof of the security deposit or bond to
the animal control agency not later than 14 days after the date on the notice
described in subsection (21).

(25)
If an animal is seized and is being held by an animal control agency or an
animal control agency’s designee pending the outcome of a criminal action
charging a violation of this section and the process in subsections (20)
through (24) was not utilized, before final disposition of the criminal charge,
the prosecuting attorney may file a civil action in the court that has
jurisdiction of the criminal action requesting that the court issue an order to
forfeit the animal to the animal control agency before final disposition of the
criminal charge. The prosecuting attorney shall serve a true copy of the summons
and complaint on the defendant owner or possessor of the animal. On the filing
of the civil action, the court shall set a hearing on the complaint. The
hearing must be conducted not later than 21 days after the filing of the civil
action. The hearing must be before a judge without a jury. At the hearing, the
prosecuting attorney has the burden of establishing by a preponderance of the
evidence that a violation of this section occurred. If the court finds that the
prosecuting attorney has met the burden and that the amount of the security
deposit or bond necessary to prevent the forfeiture of the animal from the date
of the seizure to 30 days after the date of the hearing is fair and reasonable
based on costs described in subsection (10), the court shall order immediate
forfeiture of the animal to the animal control agency unless the defendant
owner or possessor, within 72 hours after the hearing, submits to the court
clerk a security deposit or bond in a sufficient amount to secure payment of
all costs described in subsection (10) after examination of the animal by a
licensed veterinarian from the date of the seizure to the date of the hearing
and for an additional period of 30 days. The court shall consider the owner’s
or possessor’s ability to pay as part of the court’s finding of whether the
amount of the security deposit or bond is fair and reasonable. For the purpose
of determining the owner’s or possessor’s ability to pay only, the court shall
consider the owner’s or possessor’s employment status, employment history, and
financial history. A defendant owner or possessor’s failure to post a security
deposit or bond within 72 hours after the hearing or the defendant owner or
possessor’s failure to appear at a scheduled hearing under this subsection will
result in automatic forfeiture of the animal to the animal control agency. The
testimony of a defendant at a hearing held under this subsection is only
admissible against the defendant for the purpose of impeachment or in a
criminal prosecution for perjury. The testimony of a defendant at a hearing
held under this subsection does not waive the defendant’s constitutional right
against self-incrimination.

(26)
An animal control agency that holds or requires to be held a seized animal as
provided in this section may draw on a security deposit or bond posted under
subsection (22), (24), (25), or (27) to cover the actual reasonable costs
incurred as described in subsection (10) from the date of the seizure to the
date of the official disposition of the animal in the criminal action.

(27)
If a security deposit or bond has been posted under subsection (22), (24), or
(25), and trial in the criminal action does not occur within the initial 30-day
bond period or is continued to a later date, the owner or possessor shall post
an additional security deposit or bond in an amount determined sufficient to
cover the costs described in subsection (10) as anticipated to be incurred by
the animal control agency caring for the animal. The additional security
deposit or bond must be calculated in 30-day increments and continue until the
criminal action is resolved. If the owner or possessor of the animal fails to
post a new security deposit or bond with the court before the previous security
deposit or bond expires, the animal is forfeited to the animal control agency
caring for the animal.

(28)
If the owner or possessor that posted a security deposit or bond under
subsection (22), (24), (25), or (27) is found not guilty in the criminal
action, the amount of the security deposit or bond posted to prevent
disposition of the animal if unused for the animal cost of care and, subject to
subsections (29), (30), and (31), the animal must be returned to the owner.

(29)
If a security deposit or bond is posted by an owner or possessor of an animal
under subsection (22), (24), (25), or (27) and the court determines that the
animal lacks any useful purpose or poses a threat to public safety under
subsection (31), the posting of the security deposit or bond must not prevent
disposition of the animal.

(30)
Upon receiving an animal seized under this section, or at any time thereafter,
an animal control agency may humanely euthanize the animal or have the animal
euthanized if, in the opinion of a licensed veterinarian, the animal is injured
or diseased past recovery or the animal’s continued existence is inhumane so
that euthanasia is necessary to relieve pain and suffering. This subsection
applies to an animal regardless of whether a security deposit or bond has been
posted under subsection (22), (24), (25), or (27).

(31)
An animal control agency that receives an animal seized under this section may
apply to the district court or municipal court for a hearing to determine
whether the animal must be humanely euthanized because of the animal’s lack of
any useful purpose or the public safety threat it poses. The court shall hold a
hearing not later than 30 days after the filing of the application and shall
give notice of the hearing to the owner of the animal. Upon a finding by the
court that the animal lacks any useful purpose or poses a threat to public
safety, the animal control agency shall humanely euthanize the animal or have
the animal euthanized. Costs described in subsection (10) that are incurred by
an animal control agency, or by a person may, in the court’s discretion, be
assessed against the owner of the animal.

(32)
An animal control agency is immune from civil liability for the lawful
disposition of an animal under this section.

This act is
ordered to take immediate effect.

Secretary of the Senate

Clerk of the House of
Representatives

Approved___________________________________________

____________________________________________________

Governor