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HOUSE BILL NO. 6173
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
by amending section 49 (MCL 750.49), as amended by 2019 PA 176.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 49. (1) As used in this section: 1
(a) "Animal" means a vertebrate other than a human being. 2
(b) "Animal control agency" means an animal control shelter, 3
an animal protection shelter, or a law enforcement agency. As used 4
in this subdivision, "animal control shelter" and "animal 5
protection shelter" mean those terms as defined in section 1 of 6
July 03, 2026, Introduced by Reps. McFall, Skaggs, Rheingans, Glanville, Byrnes, Mentzer and
Hoskins and referred to Committee on Regulatory Reform.
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1969 PA 287, MCL 287.331, and are facilities licensed with the 1
department of agriculture and rural development under section 4 of 2
1969 PA 287, MCL 287.334. 3
(2) A person shall not knowingly do any of the following: 4
(a) Own, possess, use, buy, sell, offer to buy or sell, 5
import, or export an animal for fighting or baiting, or as a target 6
to be shot at as a test of skill in marksmanship. 7
(b) Be a party to or cause the fighting, baiting, or shooting 8
of an animal as described in subdivision (a). 9
(c) Rent or otherwise obtain the use of a building, shed, 10
room, yard, ground, premises, vehicle, or any other venue for 11
fighting, baiting, or shooting an animal as described in 12
subdivision (a). 13
(d) Permit the use of a building, shed, room, yard, ground, 14
premises, vehicle, or any other venue belonging to him or her the 15
person or under his or her the person's control for any of the 16
purposes described in this section. 17
(e) Organize, promote, or collect money, property, or any 18
other thing of value for the fighting, baiting, or shooting of an 19
animal as described in subdivisions (a) to (d). 20
(f) Be present at a building, shed, room, yard, ground, 21
premises, vehicle, or any other venue where preparations are being 22
made for an exhibition described in subdivisions (a) to (d), or be 23
present at the exhibition, knowing that an exhibition is taking 24
place or about to take place. 25
(g) Breed, buy, sell, offer to buy or sell, exchange, import, 26
or export an animal the person knows has been trained or used for 27
fighting as described in subdivisions (a) to (d), or breed, buy, 28
sell, offer to buy or sell, exchange, import, or export the 29
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offspring of an animal the person knows has been trained or used 1
for fighting as described in subdivisions (a) to (d). This 2
subdivision does not prohibit owning, breeding, buying, selling, 3
offering to buy or sell, exchanging, importing, or exporting an 4
animal for agricultural or agricultural exposition purposes. This 5
subdivision does not prohibit an animal control agency from owning, 6
adopting, or transferring ownership of an animal for the purpose of 7
adoption of an animal trained or used for fighting as described in 8
subdivisions (a) to (d) or an animal that is the first- or second-9
generation offspring of an animal trained or used for fighting as 10
described in subdivisions (a) to (d). If an animal is found fit for 11
placement and is transferred or adopted, the animal control agency 12
that transfers or adopts the animal shall do all of the following: 13
(i) Sterilize the animal or collect a good-faith deposit for 14
sterilization as required under section 8a of 1969 PA 287, MCL 15
287.338a. 16
(ii) Provide a copy of the animal's history, including, but not 17
limited to, a description of why the animal was seized, veterinary 18
records, and a copy of subsections (8) to (14) to the person to 19
whom the animal is transferred or adopted. 20
(h) Own, possess, use, buy, sell, offer to buy or sell, 21
transport, or deliver any device or equipment intended for use in 22
the fighting, baiting, or shooting of an animal as described in 23
subdivisions (a) to (d). 24
(3) A person who violates subsection (2)(a) to (e) is guilty 25
of a felony punishable by 1 or more of the following: 26
(a) Imprisonment for not more than 4 years. 27
(b) A fine of not less than $5,000.00 or more than $50,000.00. 28
(c) Not less than 500 or more than 1,000 hours of community 29
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service. 1
(4) A person who violates subsection (2)(f) to (h) is guilty 2
of a felony punishable by 1 or more of the following: 3
(a) Imprisonment for not more than 4 years. 4
(b) A fine of not less than $1,000.00 or more than $5,000.00. 5
(c) Not less than 250 or more than 500 hours of community 6
service. 7
(5) The court may order a person convicted of violating this 8
section to pay the costs of prosecution. 9
(6) The court may order a person convicted of violating this 10
section to pay the costs for investigating the violation of this 11
section, disposition of the animal, and housing and caring for the 12
animal, including, but not limited to, providing veterinary medical 13
treatment. As used in this subsection, "disposition" includes the 14
transfer, euthanasia, or adoption of an animal. 15
(7) As part of the sentence for a violation of subsection (2), 16
the court shall order the person convicted not to own or possess an 17
animal of the same species involved in the violation of this 18
section for 5 years after the date of sentencing. Failure to comply 19
with the order of the court pursuant to under this subsection is 20
punishable as contempt of court. 21
(8) If a person incites an animal trained or used for fighting 22
or an animal that is the first- or second-generation offspring of 23
an animal trained or used for fighting to attack a person and the 24
attack causes the death of that person, the owner is guilty of a 25
felony punishable by imprisonment for life or for a term of years 26
greater than 15 years. 27
(9) If a person incites an animal trained or used for fighting 28
or an animal that is the first- or second-generation offspring of 29
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an animal trained or used for fighting to attack a person, but the 1
attack does not result in the death of the person, the owner is 2
guilty of a felony punishable by imprisonment for not more than 4 3
years or a fine of not more than $2,000.00, or both. 4
(10) If an animal trained or used for fighting or an animal 5
that is the first- or second-generation offspring of an animal 6
trained or used for fighting attacks a person without provocation 7
and causes the death of that person, the owner of the animal is 8
guilty of a felony punishable by imprisonment for not more than 15 9
years. 10
(11) If an animal trained or used for fighting or an animal 11
that is the first- or second-generation offspring of an animal 12
trained or used for fighting attacks a person without provocation, 13
but the attack does not cause the death of the person, the owner is 14
guilty of a misdemeanor punishable by imprisonment for not more 15
than 1 year or a fine of not more than $1,000.00, or both. 16
(12) Subsections (8) to (11) do not apply if the person 17
attacked was committing or attempting to commit an unlawful act on 18
the property of the owner of the animal. 19
(13) If an animal trained or used for fighting or an animal 20
that is the first- or second-generation offspring of a dog trained 21
or used for fighting goes beyond the property limits of its owner 22
without being securely restrained, the owner is guilty of a 23
misdemeanor punishable by imprisonment for not more than 90 days or 24
a fine of not less than $50.00 nor more than $500.00, or both. 25
(14) If an animal trained or used for fighting or an animal 26
that is the first- or second-generation offspring of a dog trained 27
or used for fighting is not securely enclosed or restrained on the 28
owner's property, the owner is guilty of a misdemeanor punishable 29
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by imprisonment for not more than 90 days or a fine of not more 1
than $500.00, or both. 2
(15) Subsections (8) to (14) do not apply to any of the 3
following: 4
(a) A dog trained or used for fighting, or the first- or 5
second-generation offspring of a dog trained or used for fighting, 6
that is used by a law enforcement agency of this state or a county, 7
city, village, or township. 8
(b) A certified leader dog recognized and trained by a 9
national guide dog association for the blind or for persons with 10
disabilities. 11
(c) A corporation licensed under the private security business 12
and security alarm act, 1968 PA 330, MCL 338.1051 to 338.1092, when 13
a dog trained or used for fighting, or the first- or second-14
generation offspring of a dog trained or used for fighting, is used 15
in accordance with the private security business and security alarm 16
act, 1968 PA 330, MCL 338.1051 to 338.1092. 17
(16) Except as provided in subsection (20), an animal that has 18
been used to fight in violation of this section or that is involved 19
in a violation of subsections (8) to (14) must be confiscated by a 20
law enforcement officer and must not be returned to the owner, 21
trainer, or possessor of the animal. The animal must be taken to a 22
local animal control agency. If an animal owner, trainer, or 23
possessor is convicted of violating subsection (2) or subsections 24
(8) to (14), the court shall award the animal involved in the 25
violation to the animal control agency for evaluation and 26
disposition. 27
(17) An animal control agency taking custody of an animal 28
under subsection (16) shall give notice within not later than 72 29
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hours after seizure of the animal by registered mail to the last 1
known address of the animal's owner, if the owner of the animal is 2
known. If the owner of the animal is unknown, an animal control 3
agency taking custody of an animal under subsection (16) shall give 4
notice within not later than 72 hours after seizure of the animal 5
by 1 of the following methods: 6
(a) Posting at the location of the seizure. 7
(b) Delivery to a person residing at the location of the 8
seizure. 9
(c) Registered mail to the location of the seizure. 10
(18) The notice required under subsection (17) must include 11
all of the following: 12
(a) A description of each animal seized. 13
(b) The time, date, location, and description of circumstances 14
under which the animal was seized. 15
(c) The address and telephone number of the location where the 16
animal is being held and contact information for the individual 17
present at that location from whom security deposit or bond 18
information may be obtained. 19
(d) A statement that the owner or possessor of the animal may 20
post a security deposit or bond that may prevent the forfeiture of 21
the animal for the duration of the criminal, forfeiture, or other 22
court proceeding until the court makes a final determination 23
regarding the animal's disposition, that failure to post a security 24
deposit or bond within 14 days after the date on the notice will 25
result in forfeiture of the animal, and that the owner or possessor 26
of the animal may, before the expiration of the 14-day period 27
described in this subdivision, request a hearing on whether the 28
requirement to post a security deposit or bond is justified or 29
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whether the cost associated with the security deposit or bond is 1
fair and reasonable for the care of and provision for the seized 2
animal. Notice of a request for a hearing under this subdivision 3
must be served on the animal control agency holding the animal 4
before the expiration of the 14-day period described in this 5
subdivision. At a hearing on whether the requirement to post a 6
security deposit or bond is justified, the prosecuting attorney has 7
the burden to establish by a preponderance of the evidence that a 8
violation of this section occurred. If the court finds that the 9
prosecuting attorney has met its burden, the animal will be 10
forfeited to the animal control agency that seized the animal 11
unless the owner or possessor of the animal posts the required 12
security deposit or bond. An owner or possessor's failure to appear 13
at a scheduled hearing requested under this subdivision will result 14
in automatic forfeiture of the animal if the date of the scheduled 15
hearing is more than 14 days after the date on the notice described 16
in this subdivision. 17
(e) A statement that the owner or possessor of the animal is 18
responsible for all costs described in subsection (6), unless the 19
court determines that the seizure of the animal was not 20
substantially justified by law. 21
(19) An animal control agency that has custody of a seized 22
animal under subsection (16) shall hold the animal for a period of 23
14 consecutive days, including weekends and holidays, beginning on 24
the date notice was given under subsection (17). After the 25
expiration of the 14 days, if the owner or a possessor of the 26
animal has not posted a security deposit or bond as provided in 27
subsection (20), the animal is forfeited, and the animal control 28
agency may dispose of the animal by adoption, transfer to another 29
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animal control agency, or humane euthanasia. 1
(20) The owner or possessor of an animal seized under 2
subsection (16) may prevent forfeiture and disposition of the 3
animal by an animal control agency for the duration of the 4
criminal, forfeiture, or other court proceeding until the court 5
makes a final determination regarding the animal's disposition by 6
posting a security deposit or bond with the court within not later 7
than 14 days after the date on the notice described in subsection 8
(18). The bond must be in a sufficient amount to secure payment of 9
all costs described in subsection (6) during a 30-day period of 10
boarding and veterinary treatment of the animal after examination 11
by a licensed veterinarian. The animal control agency shall 12
determine the amount of the bond no later than 72 hours after the 13
seizure of the animal, and shall make the amount of the bond 14
available to the owner or possessor of the animal upon request. The 15
owner or possessor of the animal shall provide proof of the 16
security deposit or bond to the animal control agency no later than 17
14 days after the date on the notice described in subsection (18). 18
(21) An animal control agency that is holding or requiring to 19
be held a seized animal as provided in this section may draw on a 20
security deposit or bond posted under subsection (20) or (22) to 21
cover the actual reasonable costs incurred in the seizure, care, 22
keeping, and disposition of the animal as described in subsection 23
(6) from the date of the seizure to the date of the official 24
disposition of the animal in the criminal action. 25
(22) If a security deposit or bond has been posted under 26
subsection (20), and trial in the criminal action does not occur 27
within the initial 30-day bond period or is continued to a later 28
date, the owner or possessor shall post an additional security 29
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deposit or bond in an amount determined sufficient to cover the 1
costs described in subsection (6) as anticipated to be incurred by 2
the animal control agency caring for the animal. The additional 3
security deposit or bond must be calculated in 30-day increments 4
and continue until the criminal action is resolved. If the owner or 5
possessor of the animal fails to post a new security deposit or 6
bond with the court before the previous security deposit or bond 7
expires, the animal is forfeited to the animal control agency 8
caring for the animal. 9
(23) If the owner or possessor that posted a security deposit 10
or bond under subsection (20) or (22) is found not guilty in the 11
criminal action, the amount of the security deposit or bond posted 12
to prevent disposition of the animal may be returned to the owner 13
or possessor at the court's discretion, and, subject to subsections 14
(25) and (26), the animal must be returned to the owner. 15
(24) If a security deposit or bond is posted by an owner or 16
possessor of an animal under subsection (20) or (22) and the court 17
determines that the animal is a dangerous animal or lacks any 18
useful purpose under subsection (26), the posting of the security 19
deposit or bond must not prevent disposition of the animal. 20
(25) Upon receiving an animal seized under this section, or at 21
any time thereafter, an animal control agency may humanely 22
euthanize the animal or have the animal euthanized if, in the 23
opinion of a licensed veterinarian, the animal is injured or 24
diseased past recovery or the animal's continued existence is 25
inhumane so that euthanasia is necessary to relieve pain and 26
suffering. This subsection applies to an animal whether or not a 27
security deposit or bond has been posted under subsection (20) or 28
(22). 29
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(26) An animal control agency that receives an animal under 1
this section may apply to the district court or municipal court for 2
a hearing to determine whether the animal must be humanely 3
euthanized because of its lack of any useful purpose or the public 4
safety threat it poses. The court shall hold a hearing not more 5
than 30 days after the filing of the application and shall give 6
notice of the hearing to the owner of the animal. Upon a finding by 7
the court that the animal lacks any useful purpose or poses a 8
threat to public safety, the animal control agency shall humanely 9
euthanize the animal or have the animal euthanized. Expenses 10
incurred in connection with the housing, care, upkeep, or 11
euthanasia of the animal by an animal control agency, or by a 12
person, firm, partnership, corporation, or other entity, may, in 13
the court's discretion, be assessed against the owner of the 14
animal. 15
(27) Subject to subsections (16), (25), and (26), all animals 16
being used or to be used in fighting, equipment, devices, and money 17
involved in a violation of subsection (2) must be forfeited to this 18
state. All other instrumentalities, proceeds, and substituted 19
proceeds of a violation of subsection (2) are subject to forfeiture 20
under chapter 47 of the revised judicature act of 1961, 1961 PA 21
236, MCL 600.4701 to 600.4710. 22
(28) The seizing agency may deposit money seized under 23
subsection (27) into an interest-bearing account in a financial 24
institution. As used in this subsection, "financial institution" 25
means a state or nationally chartered bank or a state or federally 26
chartered savings and loan association, savings bank, or credit 27
union whose deposits are insured by an agency of the United States 28
government and that maintains a principal office or branch office 29
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located in this state under the laws of this state or the United 1
States. 2
(29) An attorney for a person who is charged with a violation 3
of subsection (2) involving or related to money seized under 4
subsection (27) must be afforded given a period of 60 days within 5
which in order to examine that the money. This The 60-day period 6
will begin to run begins after notice of forfeiture is given but 7
before the money is deposited into a financial institution under 8
subsection (28). If the attorney general, prosecuting attorney, or 9
city or township attorney fails to sustain his or her the burden of 10
proof in forfeiture proceedings under subsection (27), the court 11
shall order the return of the money, including any interest earned 12
on money deposited into a financial institution under subsection 13
(28). 14
(30) This section does not apply to conduct that is permitted 15
by and is in compliance with any of the following: 16
(a) Part 401 of the natural resources and environmental 17
protection act, 1994 PA 451, MCL 324.40101 to 324.40120. 18
(b) Part 435 417 of the natural resources and environmental 19
protection act, 1994 PA 451, MCL 324.43501 to 324.43561.324.41701 20
to 324.41712. 21
(c) Part 427 of the natural resources and environmental 22
protection act, 1994 PA 451, MCL 324.42701 to 324.42714. 23
(d) Part 417 435 of the natural resources and environmental 24
protection act, 1994 PA 451, MCL 324.41701 to 324.41712.324.43501 25
to 324.43561. 26
(31) This section does not prohibit a person from being 27
charged with, convicted of, or punished for any other violation of 28
law that is committed by that person while violating this section. 29
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Final Page
SCS H02817'25 f_HB6173_INTR_1 gikmxt
Enacting section 1. This amendatory act does not take effect 1
unless Senate Bill No. ____ (request no. S02817'25) or House Bill 2
No. 6167 (request no. H02817'25) of the 103rd Legislature is 3
enacted into law. 4