A Michigan Senate committee has scheduled a hearing for Thursday (September 4) on two bills (Senate Bills 293 and 294) that impact the rights of dog owners whose animals being seized on charges of cruelty, and the payment of their care during impoundment.
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 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.
AKC strongly believes that those who treat animals in a cruel manner should be held accountable. However, we are 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 force forfeiture of dog owners’ property rights even if charges are dropped or the individuals are found not guilty.
Michigan dog owners and anyone who participate in dog events in Michigan are strongly urged to contact the Senate Civil Rights, Judiciary and Public Safety Committee to share your concerns about both current law and Senate Bills 293 and 294.
Respectfully ask lawmakers to amend the bills to recognize the premise that individuals should be considered innocent until proven guilty, and to fully protect the rights of dog owners found not 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:
Senate Bills 293 and 294 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.
For more talking points, view AKC’s Responsible Policy video Protecting Due Process Rights for Dog Owners.
What You Can Do:
Senate Bills 293 and 294 will be considered on Thursday, September 4, in the Senate Civil Rights, Judiciary and Public Safety Committee.
Michigan dog owners are urged 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. Stephanie Chang, Chair – 313-922-6949
SenSChang@senate.michigan.gov
Sen. Sue Shink, Majority Vice Chair – 517-373-2426
SenSShink@senate.michigan.gov
Sen. Jim Runestad, Minority Vice Chair – (517) 373-1758
SenJRunestad@senate.michigan.gov
Sen. Paul Wojno -517-373-8360
SenPWojno@senate.michigan.gov
Sen. Jeff Irwin
SenJIrwin@senate.michigan.gov
517-373-2406
Sen. Sylvia Santana
SenSSantana@senate.michigan.gov
517-373-0990
Sen. Ruth Johnson
SenRJohnson@senate.michigan.gov
(517) 373-1636
AKC Government Relations continues to monitor these bills and will provide more information as it is available. For questions, contact AKC GR at doglaw@akc.org.