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Friday, March 29, 2013

Tougher Pentalies for MI Pet Stores and Breeders (SB 285)

In the same month we discovered Ramzi Dakhlallah, former owner of Pet Station, was potentially back in action violating his probation terms working as dealer for an Ohio puppy miller, we learned that Kym Worthy, Wayne County Prosecutor, introduced some tough penalties for chronic offenders like Dakhlallah – SB 285. 

Senator Bieda was approached by the Wayne County Prosecutors office wanting to strengthen MCL 750.50 and 750.50(b) “our Animal Cruelty Laws”. They were finding it difficult to adequately prosecute animal crimes involving a high amount of animals. PMA is not surprised that Senator Bieda assisted.  

SB 285 was introduced March 21, 2013. Please thank Senator Bieda (Warren-D). 

I suppose this shouldn’t be a surprise as Kym Worthy stated at a press conference last year around this time that she was already working on changes to the laws after the Pet Station case! Detroit News article 2012:

Here is a summary of SB 285. Note, they called out PET SHOPS and BREEDERS! If you support these changes, make sure you RSVP for Mi Humane Lobby Day April 16th!

  • Defines breeder as a person who breeds animals for the purpose of making a profit.
  • Now includes breeders and operators of pet shops.
  • Defines companion animals.
  • Violations involving 25 or more animals or for individuals who have had 3 ore more prior convictions are now felonies. Not less than a 5 year probation.
  • If the person is a breeder or operator of a pet shop and they have ad 5 or more prior convictions related to animals the person is guilty of a felony punishable by imprisonment not more than 2 years, a fine not more than $5,000 or both.
  • Added levels of offense:
    • A person who INTENTIALLY violates subsection (2) A or C related to adequately caring for animals or knowing that the animals a companion animal is guilty of killing or torturing animals in the first degree.
    • A person who either intentionally violates or violates subsection (2) A or C knowing the animal is a companion animal is guilty of killing or torturing animals in the second degree.
    • A person who violates subsection (2) is guilty of killing or torturing animals in the third degree.
  • Increases penalties for each level of offense:
    • First degree offense – felony punishable by 1 or more of the following: not more than 10 years in prison (changed from 4 years), fine not more than $5,000 (changed from single animals $2,500, not to exceed $20,000) and community service.
    • Second degree offense – felony punishable by 1 or more of the following: not more than 7 years in prison, fine not more than $5,000 and community service.
    • Third degree offense – felony punishable by 1 or more of the following: not more than 4 years in prison, fine not more than $5,000 and community service.  
It is a bad time to be a pet store or breeder in Michigan.