A bill to provide for the forfeiture of seized animals and certain items under certain circumstances; to provide for the disposition of seized animals; to provide for the powers and duties of certain departments and agencies in relation to the forfeitures of animals; to provide immunity to certain persons in certain circumstances; and to provide for a referendum.
House Bill No. 5876 proposes the "Animal Forfeiture Act." This legislation outlines procedures for the forfeiture and disposition of animals seized in connection with certain criminal offenses. The bill mandates that animals seized by animal control agencies during investigations of listed animal offenses, such as animal fighting or abuse, cannot be returned to their owners if the owners are alleged to have committed these offenses. The bill requires animal control agencies to notify the animal's owner within 72 hours of seizure, detailing the circumstances and providing information on how to prevent forfeiture by posting a security deposit or bond to cover the costs of care. The legislation specifies that if the owner fails to post the required bond within 21 days, the animal will be forfeited and may be disposed of through transfer, adoption, or euthanasia. The bill also allows for hearings to determine the reasonableness of the bond and the necessity of euthanasia for animals deemed dangerous or suffering. Additionally, the bill provides immunity to certain individuals and agencies involved in the lawful disposal of animals. The bill modifies existing laws, including sections of the Michigan Penal Code and other related statutes, to incorporate the new forfeiture procedures. It also stipulates that all proceeds and instrumentalities from animal fighting violations are subject to forfeiture, with specific provisions for the handling and examination of seized money. Stakeholders affected by this legislation include animal control agencies, animal owners, and the judicial system. Animal control agencies will have clear guidelines for handling seized animals, while owners will have defined rights and responsibilities to prevent forfeiture. The judicial system will oversee the forfeiture process, ensuring due process for accused individuals. The bill includes a referendum clause, requiring approval by a majority of Michigan voters in the general election on November 5, 2024.
Introduced
by
Referred to the Committee on Criminal Justice
