Legally, animals are property. However, unlike other types of property, animals are living creatures that are deserving of and receive special legal protection under Michigan’s anti-cruelty and anti-neglect statutes. When animals are subjected to cruel or neglectful treatment by their owners, they are both the evidence of and the victims of a crime. When they are seized from an abusive or neglectful owner pursuant to a warrant or because of exigent circumstances, they are potentially subjected to being held by the seizing agency at the agency’s expense while a criminal case is pursued against the owner. The Michigan legislature included a civil bond-or-forfeiture process in the anti-cruelty and anti-neglect statutes to prevent this outcome, but unfortunately, that process does not always work the way the legislature intended.
The current process is dependent on the prosecutor’s willingness to pursue a civil bond-or-forfeiture case in conjunction with the criminal abuse or neglect case, and in some jurisdictions, even if the prosecutor is willing, such a civil bond-or-forfeiture case cannot be brought unless the defendant has first been arraigned in the criminal abuse or neglect case.
Michigan Humane drafted proposed amendments to the current bond-or-forfeit process that would effectuate the legislature’s original intent to allow an agency seizing an animal or animals to obtain a cost-of-care bond or ownership of the animals through forfeiture. These amendments were just introduced in two bills: SB 657 would amend Michigan’s anti-neglect statute (MCL § 750.50), and SB 658 would amend Michigan’s anti-cruelty statute (MCL § 750.50b). We are grateful to Sen. Dayna Polehanki for introducing SB 657 and to Sen. Paul Wojno for introducing SB 658. Both bills have been referred to the Senate Civil Rights, Judiciary, and Public Safety Committee.
The proposed amendments separate the civil bond-or-forfeit procedure from the criminal prosecution so that bond-or-forfeiture is available in cases where the prosecutor might be unwilling or unable to act, such as a case where the defendant has not been arraigned. The defendant’s due process rights would be protected in a number of ways, including a comprehensive notice requirement, the opportunity to request a hearing and a provision that testimony at the hearing does not waive the owner’s constitutional right against self-incrimination.
By requiring that the defendant either post a cost-of-care bond or forfeit his or her animal(s) 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(s) will pass to the seizing agency so that the agency can make prompt disposition decisions. For the animals, this means that funds will be provided for their care or they 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. Animal abuse and neglect often happen in households where domestic abuse is also occurring. 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.
The legislature has already adjourned for the year, so we are working toward a committee hearing on these bills in early 2024. In the meantime, we will be familiarizing legislators with the bills and gathering support from animal control shelters, animal protection shelters, and other stakeholders. We will provide updates on the bills’ progress and will let you know when and how you can support our advocacy efforts. 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.