June 2, 2022
https://www.akc.org/legislative-alerts/michigan-bills-impacting-dog-ownership-rights-considered-june-14/
Please forward to those who reside or participate in dog events in Michigan:
A Michigan Senate committee has scheduled a hearing for June 14 on two bills
(House Bills 4703 and 4704) that address the issue of animals being seized on
cruelty charges, and the payment of their care during impoundment. As
currently written, these bills could cause a person to permanently forfeit
their animals even if they are ultimately found not guilty of charges.
AKC appreciates that the bills clarify that if the owner is found not guilty,
the animal must be returned to the owner. However, return appears to be
incumbent on whether or not the owner has kept up on cost of care payments
during the trial.
The measures under consideration on June 14 would also give an animal control
agency the ability to euthanize an animal at any time during a cruelty trial if
determined necessary by a licensed veterinarian.
Those who reside or participate in dog events in Michigan are strongly
encouraged to contact the Senate Judiciary and Public Safety Committee.
Express your concerns with current law and House Bills 4703 and 4704, and
respectfully ask that the bills be amended to fully protect the rights of those
not proven guilty of animal-related charges. Scroll Down for contact
information.
Background – Current Law:
Current Michigan law allows an animal to be impounded by an animal protection
shelter, its designee, or a licensed veterinarian when the owner is charged
with a violation of the state’s cruelty laws. The law also allows a
prosecuting attorney to request a court order that the animal be permanently
forfeited to the impounding agency before the case is complete and there is a
final disposition. This is also dependent on whether the person with an
interest in the animal had prior knowledge or gave consent to the violation.
If a forfeiture order is requested, a hearing must be conducted and the
prosecution has the burden of proof to convince the court a violation of the
cruelty laws has occurred. If they meet the burden of proof, then the animal
must be forfeited unless the defendant pays within 72 hours an amount that
covers the anticipated costs of care for the animals during the trial. Owners
may also be required to continue paying until the final disposition of charges.
Summary of Proposed Bills:
House Bills 4703 and 4704 amend current law and clarify that the owner or
possessor may request a hearing within 14 days to determine if the requirement
to pay is justified and the cost is fair and reasonable. AKC greatly
appreciates that the owner has an opportunity for a hearing before payments are
required.
If, however, the court determines that the costs are reasonable, then the
animal will be permanently relinquished to the impounding agency unless the
owner pays the required amount. The defendant’s ability to pay may be
considered by the court. The payments must be made every 30 days until the
criminal action is resolved. Any missed payments will result in the defendant
permanently losing the rights to the animal.
AKC strongly believes that those who treat animals in a cruel manner should be
held accountable. However, we continue to be concerned that both current law
and the new provisions being proposed ignore the basic premise that individuals
should be considered innocent until proven guilty, and could remove the owner’s
property rights even if charges are later dropped or the individuals are found
not guilty.
For more talking points, view AKC’s Responsible Policy video Protecting Due
Process Rights for Dog Owners.
What You Can Do:
House Bills 4703 and 4704 will be considered on Tuesday, June 14, in the Senate
Judiciary and Public Safety Committee.
Michigan dog owners are encouraged to contact the committee prior to the
hearing. Let them know you appreciate the bills clarifying that the animals
must be returned if the owner is found not guilty, but express your concerns
with current law and the bills not fully protecting the rights of animal owners
during a trial.
The contact information is as follows. If you are a constituent, be sure to
mention that when contacting their office:
Sen. Roger Victory, Chair (Dist. 30- Hudsonville)
(517) 373-6920
SenRVictory@xxxxxxxxxxxxxxxxxxx
Sen. Curtis VanderWall, Majority Vice Chair (Dist. 35 – Ludington)
(517) 373-1725
Email Form
Sen. Stephanie Chang, Minority Vice Chair (Dist. 1 – Detroit)
517-373-7346
senschang@xxxxxxxxxxxxxxxxxxx
Sen. Tom Barrett (Dist. 24 – Charlotte)
(517) 373-3447
SenTBarrett@xxxxxxxxxxxxxxxxxxx
Sen. Jeff Irwin (Dist. 18 – Ann Arbor)
517-373-2406
senjirwin@xxxxxxxxxxxxxxxxxxx
Sen. Ruth Johnson (Dist. 14 – Holly)
(517) 373-1636
SenRJohnson@xxxxxxxxxxxxxxxxxxx
Sen. Jim Runestad (Dist. 15 – White Lake)
(517) 373-1758
SenJRunestad@xxxxxxxxxxxxxxxxxxx
Sen. Douglas Wozniak (Dist. 8 – Shelby Township)
(517) 373-7670
SenDWozniak@xxxxxxxxxxxxxxxxxxx
AKC Government Relations continues to monitor these bills and will provide more
information as it is available. For questions, contact AKC GR at
doglaw@xxxxxxx.
Stormy Hope
NAIATrust, Trustee
NAIATrust-CA on Facebook!
GSDCA Legislative Liaison to AKC
California Responsible Pet Owners
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