Michigan Laws 287.338c – Consideration of individual’s criminal history; decision to not allow individual to adopt animal; section to be referred to as “animal adoption protection act.”
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Terms Used In Michigan Laws 287.338c
- Adoption: means a transfer of ownership, with or without remuneration, of an animal from an animal control shelter or animal protection shelter to an individual for the purpose of being a companion animal for that individual. See Michigan Laws 287.331
- animal: means a mammal except livestock as defined in 1937 PA 284, MCL 287. See Michigan Laws 287.331
- Animal abuse offense: means 1 or more of the following, but does not include the lawful use of an animal to hunt or to participate in field trials or the lawful killing or other use of an animal in farming or a generally accepted animal husbandry or farming practice involving livestock:
(i) A violation of section 49 of the Michigan penal code, 1931 PA 328, MCL 750. See Michigan Laws 287.331Animal control shelter: means a facility operated by a municipality for the impoundment and care of animals that are found in the streets or at large, animals that are otherwise held due to the violation of a municipal ordinance or state law, or animals that are surrendered to the animal control shelter. See Michigan Laws 287.331 Animal protection shelter: means a facility operated by a person, humane society, society for the prevention of cruelty to animals, or any other nonprofit organization for the care of homeless animals. See Michigan Laws 287.331 Conviction: A judgement of guilt against a criminal defendant. Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
(1) An animal control shelter or animal protection shelter may consider an individual’s criminal history when deciding whether to allow that individual to adopt an animal. An animal control shelter or animal protection shelter may choose not to allow an individual who has been convicted of an animal abuse offense to adopt an animal unless a period of at least 5 years has elapsed since the date of his or her conviction. An animal control shelter or animal protection shelter may choose not to allow an individual who is charged with committing an animal abuse offense and enters a plea to any other crime in exchange for dismissal of that charge to adopt an animal.
(2) This section may be referred to as the “animal adoption protection act”.