We have great news! The bills to amend Michigan’s sentencing guidelines to generate more appropriate sentences in cases of felony animal cruelty against companion animals have been reintroduced.
These bills were first introduced last session. They passed the House and were discharged from the Senate Civil Rights, Judiciary and Public Safety Committee without needing a hearing. However, during the tumultuous lame duck portion of the 2023-24 legislative session, the bills were not considered for a final floor vote that would have sent them to the Governor’s office for signature.
The seven-bill package was recently reintroduced by lead sponsor Rep. Joseph Aragona and a bipartisan group of sponsors and co-sponsors, including HB 4645 [Rep. Aragona (R)], HB 4646 [Rep. Douglas Wozniak (R)], HB 4647 [Rep. Pat Outman (R)], HB 4648 [Rep. Stephanie Young (D)], HB 4649 [Rep. Penelope Tsernoglou (D)], HB 4650 [Rep. Mike McFall (D)], and HB 4651 [Rep. Gina Johnsen (R)].
Michigan Humane is working with other stakeholders on this project to ensure that more appropriate sentences are given in cases of felony animal abuse against companion animals. Our proposed legislative solution to this problem is to modify Michigan’s sentencing guidelines, which treat felony animal abuse as a crime against property, so that more points are assigned – and higher recommended sentences are generated – when the defendant is convicted of felony animal abuse against a companion animal. We described the function of the sentencing guidelines and our plan for amending them in detail in a past article.
These changes to the sentencing guidelines will help to effectuate the changes to Michigan’s statute prohibiting cruelty to animals, MCL § 750.50b, which, with Michigan Humane’s support, was amended effective March 21, 2019. The amendments created three degrees of animal cruelty felonies and longer potential sentences, including a maximum sentence of ten years for first degree, seven years for second degree, and four years for third degree animal cruelty. Previously, the statutory maximum sentence for violating MCL § 750.50b was four years.
Unfortunately, Michigan’s current sentencing guidelines fail to generate prison or even jail time for felony animal cruelty unless the defendant has a prior criminal record. The proposed amendments to the sentencing guidelines are designed to increase offense variable points assigned in a case of felony animal cruelty against a companion animal so that the sentence generated includes the possibility of some jail time, even if the defendant has no prior record.
This work would not be possible without allies in the Michigan legislature. We recognized Representative Stephanie A. Young with an Animal Advocate Award for her dedicated and consistent work on legislation to improve animal welfare in Michigan at a recent Legacy Society Coffee Chat, where she spoke to Legacy Society members about working with legislators.
Rep. Young’s exemplary advocacy includes serving as the lead sponsor on the sentencing guidelines bills last session and sponsoring a bill in the package this session. In addition, Rep. Young reintroduced a bill to create a courtroom animal advocate program (CAAP) in Michigan, and she has been a staunch cosponsor on bills to improve the standard of care for outdoor dogs. We are deeply grateful to Rep. Young for her tireless efforts on behalf of Michigan’s people and animals.
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 by clicking here.