We have good news to share – Michigan Humane’s “bond-or-forfeit” bills have been reintroduced in the Senate as SB 293 and SB 294 and assigned to the Senate Civil Rights, Judiciary, and Public Safety Committee. (We anticipate that mirror bills will also be introduced in the House.)
Michigan Humane drafted these bills to improve the process that applies when an animal is seized from an abusive or neglectful owner pursuant to a warrant or because of exigent circumstances. Flaws in the current bond-or-forfeit process mean that the animal is often held by the seizing agency at the agency’s expense while a criminal case is pursued against the owner, which can take months or even years. These bills effectuate the legislature’s original intent to allow an agency seizing animals in a neglect or cruelty case to obtain a cost-of-care bond or ownership of the animals through forfeiture.
By requiring that the defendant either post a cost-of-care bond or forfeit his or her animal to the seizing agency, these bills will ensure either that the costs of care are appropriately paid by the owner in a timely manner or that ownership of the animal will pass to the seizing agency so that the agency can make a prompt disposition decision. For the animal, this means that funds will be provided for his or her care or he or she will be spared a prolonged shelter stay. For animal control (municipal) shelters, this saves taxpayer dollars. For animal protection (private) shelters, this preserves their donor-funded budgets for their intended purpose.
In addition to protecting animals and resources, these bills also have the potential to protect humans from harm. There is a proven link between violence against animals and violence against humans. An improved bond-or-forfeit process will be an incentive for agencies to investigate cases of animal cruelty and neglect, which may also result in identifying human abuse. As mental health issues are often involved in these cases, an investigation could also result in the defendant getting the assistance he or she needs.
These bills made significant progress last session. They passed the Senate and were sent to the House floor by the Criminal Justice committee, but they did not receive a floor vote in the House when the House was unable to convene a quorum of legislators necessary to conduct business during the lame duck portion of the session.
Michigan Humane is grateful to Senator Dayna Polehanki for once again sponsoring these bills. On April 17, we met to thank Senator Polehanki and present her with Michigan Humane’s Animal Advocate Award. We expressed our deep appreciation for her steadfast and persistent advocacy to improve animal welfare in Michigan. This work would not be possible without legislative allies like Senator Polehanki.
We are going to keep working to improve animal welfare and create a more humane community while serving as a voice for the animals through advocacy. Together, we can continue to make a difference in animals’ lives. If you know someone who you think would be interested in this information, please forward this to them and encourage them to sign up for our Legislative Action Network.