Michigan Statutes
Statute by category | Citation | Summary |
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MI - Equine Liability - Chapter 691. Judiciary. Equine Activity Liability Act | MCLA 691.1661 - 1667 | This act stipulates that an equine sponsor or professional, or any other person, is immune from liability for the death or injury of a participant, which resulted from the inherent risks of equine activities. However, there are exceptions to this rule: a person will be held liable for injuries if he or she commits a negligent act or omission that results in the proximate cause of injury or death, and if he or she fails to make reasonable and prudent efforts in ensuring the safety of the participant. In addition, a person will also be held liable for the injury of an equine activity participant if he or she is injured on the land or at a facility due to a dangerous latent condition of which was known to the equine sponsor, professional or other person. |
MI - Enforcement - Chapters 760 to 777 Code of Criminal Procedure. | M. C. L. A. 764.16 | This law authorizes private citizens to make arrests. |
MI - Endangered - Part 365. Endangered Species Protection | M. C. L. A. 324.36501 - 07 | The state of Michigan defines an endangered species as "any fish, plant life, or wildlife that is in danger of extinction throughout all or a significant part of its range, other than a species of insecta determined by the department or the Secretary of the United States Department of the Interior to constitute a pest whose protection under this part would present an overwhelming and overriding risk to humans." Violation of the taking provision constitutes a misdemeanor punishable up to 90-days in jail and/or up to $1,0000 in fines. |
MI - Emergency - 333.20925. Emergency transport of police dog | M.C.L.A. 333.20925 | This law, effective in March of 2019, states that the provisions of the Emergency Medical Services Act does not prohibit an ambulance from providing emergency transport of a police dog that is injured in the line of duty to a veterinary clinic or similar facility, if the police dog is in need of emergency medical treatment and there are no individuals who require transport or emergency assistance at that time. |
MI - Domestic Violence - 600.2950. Personal protection orders; current or former | M. C. L. A. 600.2950 | This Michigan law relates to an action for a personal protection order to restrain/enjoin several categories of individuals: (1) a spouse or former spouse; (2) a person with whom the petitioner has a child in common; (3) a person in a dating relationship with petitioner; or (4) an individual who resided or is residing in the same household as the petitioner. Effective August 1, 2016, the order may now restrain or enjoin those mentioned individuals from engaging in the following actions if that person has the intent to cause the petitioner mental distress or to exert control over the petitioner with respect to an animal in which the petitioner has an ownership interest (subsection (1)(k)): (1) injuring, killing, torturing, neglecting, or threatening to injure, kill, torture, or neglect the animal; (2) removing the animal from the petitioner's possession; or (3) retaining or obtaining possession of the animal. Section 29 describes the criteria under which a petitioner is deemed to have an ownership interest in an animal. |
MI - Dogs - Consolidated Dog Laws | M.C.L. 287.261 - 395; 317.63; 324.73101 - 73110; 324.42101 - 42106 | The regulation of dogs and cats in Michigan implicates three major issues: licensing and registration of dogs; the regulation of animal control facilities and pet shops; and the ever-present concern of dog bites. The primary statutory vehicle that regulates the licensing requirements for dogs is the The Dog Law of 1919. Under the dog law, it is unlawful for any person to own a dog six months or older unless the dog is licensed. MCL Sec. 287.262. It is also unlawful for a person to own a dog six months or older that does not wear a collar and tag at all times, except when engaged in hunting activities accompanied by his or her owner. MCL Sec. 287.262. A female dog that is in heat may not go beyond her owner's premises unless properly held on a leash under this section. |
MI - Dog Bite - Chapter 750. Michigan Penal Code. The Michigan Penal Code. | M. C. L. A. 750.66a | This Michigan law, which became effective January of 2009, provides that a person 18 years of age or older who is responsible for controlling the actions of a dog or wolf-dog cross and the person knows or has reason to know that the dog or wolf-dog cross has bitten another person shall remain on the scene. A person who violates this section is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500.00, or both. |
MI - Dangerous - Chapter 287. Animal Industry. Dangerous Animals. | M. C. L. A. 287.321 - 323 | This Michigan statute defines "dangerous animal," which means a dog or other animal that bites or attacks a person, or a dog that bites or attacks and causes serious injury or death to another dog while the other dog is on the property or under the control of its owner. However, a dangerous animal does not include any of the following: an animal that bites or attacks a person who is knowingly trespassing on the property of the animal's owner; an animal that bites or attacks a person who provokes or torments the animal; or an animal that is responding in a manner that an ordinary and reasonable person would conclude was designed to protect a person if that person is engaged in a lawful activity or is the subject of an assault. |
MI - Cruelty, neglect - Chapter 750. Michigan Penal Code. The Michigan Penal Code. | MCL 750.50 | This statute sets out the Michigan duty of care for all vertebrate animals, including what constitutes sufficient food, water, shelter, sanitary conditions, exercise, and veterinary medical attention in order to maintain an animal in a state of good health. Also explained are the penalty and forfeiture provisions for violations of the statute. The exclusions under the statute include those animals used in hunting, fishing, trapping, horse racing, farming, pest control, zoos, lawful killing under the Animal Industry Act, and scientific research. In 2019, the penalty provisions were revised. A first violation with one animal is a 93 day/$1,000 misdemeanor. If the violation involves two or three animals or the death of any animal, the penalty increases to a 1-year/$2,000 misdemeanor. If the violation involved 4 or more animals but fewer than 10 animals or the person had one prior conviction, it becomes a 2-year/$2,000 felony. If the violation involved 10 or more animals but fewer than 25 animals or the person had two prior convictions, it becomes a 4-year/$5,000 felony. If the violation involved 25 or more animals or the person has had 3 or more prior convictions, it becomes a 7-year/$10,000 felony. Finally, if the person is an operator of a pet shop and he or she has had 5 or more prior convictions, it is a 2-year/$5,000 felony. |
MI - Cruelty - Legislative Analysis | HOUSE BILLS 4550-4552 (legislative analysis) |
This document is the legislative analysis for House Bills 4551 and 4552. The bills (now law) amend the penal laws (MCL 750.50) to revise the penalties for harming animals and allow for consecutive sentencing. Both bills would exempt veterinarians and veterinarian technicians from the prohibitions and penalties when lawfully engaging in the practice of veterinarian medicine. Under the new law, a court could order a term of imprisonment imposed for a violation prohibited under the bills 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. |
MI - Cruelty - Consolidated Cruelty Statutes (MCL 750.49 - 70) | M. C. L. A. 750.49 - 70a; M.C.L.A. 750.158 | The Michigan Legislature has designed three primary provisions related to cruelty to animals: intentional infliction of pain and suffering, duty to provide care, and anti-animal fighting. The intentional infliction of pain and suffering provision carries the most severe penalties for animal cruelty and a violation is automatically a felony. A violation of the duty to provide care provision is initially a misdemeanor, which becomes a felony for a second or subsequent violation. A violation of the anti-animal fighting provision is either a misdemeanor or a felony, depending on the severity of conduct related to fighting. The provision does not apply to the lawful killing of livestock or customary animal husbandry of livestock, or lawful fishing, hunting, trapping, wildlife control, pest or rodent control, and animal research. |
MI - Cruelty - Chapter 750. Michigan Penal Code. The Michigan Penal Code. | M.C.L.A. 750.50b | This is the felony animal cruelty law in Michigan. Under the law, a person is guilty of killing or torturing animals if they: (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; or (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. Whether the offense becomes a first, second, or third degree felony depends on listed factors, including whether the animal is a companion animal (as defined in the law). A first degree felony conviction results in imprisonment up to 10 years, a fine of not more than $5,000, and/or community service for not more than 500 hours. As a part of the sentence, the court may order the defendant to pay the costs of the prosecution and the costs of the care, housing, and veterinary medical care for the animal victim, and the court may order the defendant to not own or possess an animal for ANY period of time including permanent relinquishment. Lawful killing of animals including fishing, hunting, pest control, and scientific research are excluded. |
MI - Cruelty - Chapter 750. Michigan Penal Code. The Michigan Penal Code. | M.C.L.A. 750.52 (Repealed by P.A.2015, No. 210, § 1(f), Eff. March 14, 2016) | Note: Repealed by P.A.2015, No. 210, § 1(f), Eff. March 14, 2016. This statute provides that it is the duty of the officials involved in animal cruelty investigations to arrest and prosecute those committing the offenses where there is knowledge or reasonable notice of the acts. The failure or neglect by an officer involved to do so may result in a misdemeanor. |
MI - Cruelty - 752.91. Sale of dyed or artificially colored baby chicks, rabbits or ducklings | M. C. L. A. 752.91 - 92 | This law makes it unlawful for any person, firm or corporation to sell, or offer for sale, any baby chicks, rabbits, ducklings, or other fowl or game which have been dyed or otherwise artificially colored. Violation is a misdemeanor. |
MI - Cruelty - 712A.18l. Juveniles, guilty of cruelty to animals or arson; court ordered psychiatric or psychological treatment | M. C. L. A. 712A.18l | This statute provides that if a juvenile is found to be within the court's jurisdiction for an offense that, if committed by an adult, would be a violation of the Michigan penal code relating to either cruelty to animals or arson, the court shall order that the juvenile be evaluated to determine if he or she needs psychiatric or psychological treatment. If the court determines that psychiatric or psychological treatment is appropriate, the court may order that treatment in addition to any other treatments or penalties allowed by law. |
MI - Cruelty - Chapter 750. Michigan Penal Code. | M. C. L. A. 750.51 | This Michigan law provides that no railroad company shall permit the confinement of animals in railroad cars for longer than 36 consecutive hours without unloading for rest, water, and feeding of at least 5 consecutive hours unless prevented by a storm, or other "accidental causes." Any company, owner or custodian of such animals, who does not comply with the provisions of this section, can be fined between $100 and $500 for each and every such offense. However, when animals are carried in cars where they have proper food, water, space and opportunity for rest, the provisions of this section that require unloading do not apply. |
MI - Courtroom - 600.2163a. Protections and procedures for minor, developmentally-disabled, and vulnerable-adult | M.C.L.A. 600.2163a | This law relates to the use of courtroom support dogs, which became effective in January 2019. The court must permit a witness who is called upon to testify to have a courtroom support dog and handler sit with, or be in close proximity to, the witness during his or her testimony. For purposes of this law, "witness" is defined as a person under the age of 16, a person over 16 who has a developmental disability, or a vulnerable adult. This section only applies to certain prosecutions and proceedings under the Michigan penal code. A notice of intent to use a support person or courtroom support dog is only required if the support person or courtroom support dog is to be utilized during trial and is not required for the use of a support person or courtroom support dog during any other courtroom proceeding. “Courtroom support dog” means a dog that has been trained and evaluated as a support dog pursuant to the Assistance Dogs International Standards for guide or service work and that is repurposed and appropriate for providing emotional support to children and adults within the court or legal system or that has performed the duties of a courtroom support dog prior to September 27, 2018. |
MI - Constitutional Provisions - § 5. State lands | M.C.L.A. Const. Art. 10, § 5 | This section describes the State legislature's authority over all state land and the requirement that all departments that have supervision or control of any state land submit an annual report as to the status of such land to the legislature |
MI - Constitutional Provisions - Protection of Natural Resources | M. C. L. A. Const. Art. 4, § 52 | This section declares the protection, conservation, and development of the state's natural resources to be of paramount public concern and the legislature shall provide for the protection of the air, water and other natural resources of the state from pollution, impairment and destruction. |
MI - Constitutional Provisions - Michigan Natural Resources Trust Fund | M. C. L. A. Const. Art. 9, § 35 | The trust fund consists of all bonuses, rentals and royalties collected or reserved by the state under provisions of leases for the extraction of nonrenewable resources from state owned lands. |
MI - Biological Diversity - Chapter 324. Natural Resources and Environmental Protection Act. | M.C.L.A. 324.35501 - 35506 | These Sections describe the State's desire to conserve biological diversity as well as the State's strategy and considerations in achieving this goal. These sections also create the joint legislative working committee on biological diversity. |
MI - Assistance animals - Assistance Animal/Guide Dog Laws | MCL 287.291 and MCL 750.50a, 750.502c; MCL 752.51a, 752.52, 752.61 - 64; M.C.L.A. 37.301 - 307 | The following statutes comprise the state's relevant assistance animal and guide dog laws. |