AB 2278: Animal control: seizure of animals: costs.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2016-05-23
(1)Existing law requires a peace officer, humane society officer, or animal control officer to take possession of a stray or abandoned animal, or any animal when the officer has reasonable grounds to believe that very prompt action is required to protect the health and safety of the animal or the health and safety of others. In the case of taking possession of a stray or abandoned animal, existing law requires the officer to provide care and treatment for the animal until the animal is deemed to be in suitable condition to be returned to the owner.
This bill would require a seizing organization or entity to provide care and treatment for a seized animal until the animal is placed, returned to the owner, or euthanized.
(2)Existing law requires the owner or keeper of an animal that is properly seized to be personally liable to the seizing agency for the cost of the seizure and care of the animal.
This bill would, subject to exception, make the owner or keeper of the animal liable to the seizing agency, and if the animal is impounded, to the impounding agency, for the entire cost of the seizure or impoundment of the animal, including costs associated with preparing and posting notices and sending statements of charges. The bill would require the seizing and impounding agency to present the owner with a statement listing all accrued charges, as provided, either at the postseizure hearing or by personal service, first-class mail, or electronic mail, as specified. By imposing new duties on local seizing and impounding agencies, this bill would impose a state-mandated local program.
(3)Existing law permits the return of an animal only when the owner can demonstrate to the satisfaction of the seizing agency or hearing officer that the owner can and will provide the necessary care for the animal.
This bill would, subject to exception, require that if the animal was seized pursuant to a search warrant that the court that issued or adjudicated the warrant give its express approval prior to the release of the animal to the owner.
(4)Existing law makes it a misdemeanor for every owner, driver, or keeper of an animal to permit the animal to be in any building, enclosure, lane, street, square, or lot of any city, county, city and county, or judicial district without proper care and attention. Existing law, in cases involving cats and dogs, allows a seizing entity or prosecuting attorney to file a petition in a criminal action to request that the court issue an order forfeiting an animal prior to the final disposition of the case.
This bill would make the above provision applicable to any animal.
(5)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(1)Existing law requires a peace officer, humane society officer, or animal control officer to take possession of a stray or abandoned animal, or any animal when the officer has reasonable grounds to believe that very prompt action is required to protect the health and safety of the animal or the health and safety of others. In the case of taking possession of a stray or abandoned animal, existing law requires the officer to provide care and treatment for the animal until the animal is deemed to be in suitable condition to be returned to the owner.
This bill would require a seizing organization or entity to provide care and treatment for a seized animal until the animal is placed, returned to the owner, or euthanized.
(2)Existing law requires the owner or keeper of an animal that is properly seized to be personally liable to the seizing agency for the cost of the seizure and care of the animal.
This bill would would, subject to exception, make the owner or keeper of the animal liable to the seizing agency, and if the animal is impounded, to the impounding agency, for the entire cost of the seizure or impoundment of the animal, including costs associated with preparing and posting notices and sending statements of charges. The bill would require the seizing and impounding agency to present the owner with a statement listing all accrued charges, as provided, either at the postseizure hearing or by personal service, first-class mail, or electronic mail, as specified. By imposing new duties on local seizing and impounding agencies, this bill would impose a state-mandated local program.
(3)Existing law permits the return of an animal only when the owner can demonstrate to the satisfaction of the seizing agency or hearing officer that the owner can and will provide the necessary care for the animal.
This bill would would, subject to exception, require that if the animal was seized pursuant to a search warrant that the court that issued or adjudicated the warrant give its express approval prior to the release of the animal to the owner.
(4)Existing law makes it a misdemeanor for every owner, driver, or keeper of an animal to permit the animal to be in any building, enclosure, lane, street, square, or lot of any city, county, city and county, or judicial district without proper care and attention. Existing law, in cases involving cats and dogs, allows a seizing entity or prosecuting attorney to file a petition in a criminal action to request that the court issue an order forfeiting an animal prior to the final disposition of the case.
This bill would make the above provision applicable to any animal.
(5)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(1)Existing law requires a peace officer, humane society officer, or animal control officer to take possession of a stray or abandoned animal, or any animal when the officer has reasonable grounds to believe that very prompt action is required to protect the health and safety of the animal or the health and safety of others. In the case of taking possession of a stray or abandoned animal, existing law requires the officer to provide care and treatment for the animal until the animal is deemed to be in suitable condition to be returned to the owner.
This bill would allow, but not require, a peace officer, humane society officer, or animal control officer to take possession of an animal in the above circumstances. The
This bill would require a seizing organization or entity to provide care and treatment for a seized animal until the animal is placed, returned to the owner, or euthanized.
(2)Existing law requires the owner or keeper of an animal that is properly seized to be personally liable to the seizing agency for the cost of the seizure and care of the animal.
This bill would make the owner or keeper of the animal liable to the seizing agency, and if the animal is impounded, to the impounding agency, for the entire cost of the seizure or impoundment of the animal, including costs associated with preparing and posting notices and sending statements of charges. The bill would require the seizing and impounding agency to present the owner with a statement listing all accrued charges, as provided, either at the postseizure hearing or by personal service, first class first-class mail, or electronic mail, as specified. By imposing new duties on local seizing and impounding agencies, this bill would impose a state-mandated local program.
(3)Existing law permits the return of an animal only when the owner can demonstrate to the satisfaction of the seizing agency or hearing officer that the owner can and will provide the necessary care for the animal.
This bill would require that if the animal was seized pursuant to a search warrant that the court that issued or adjudicated the warrant give its express approval prior to the release of the animal to the owner.
(4)Existing law makes it a misdemeanor for every owner, driver, or keeper of an animal to permit the animal to be in any building, enclosure, lane, street, square, or lot of any city, county, city and county, or judicial district without proper care and attention. Existing law, in cases involving cats and dogs, allows a seizing entity or prosecuting attorney to file a petition in a criminal action to request that the court issue an order forfeiting an animal prior to the final disposition of the case.
This bill would make the above provision applicable to any animal.
(5)The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
(1)Existing law requires a peace officer, humane society officer, or animal control officer to take possession of a stray or abandoned animal, or any animal when the officer has reasonable grounds to believe that very prompt action is required to protect the health and safety of the animal or the health and safety of others. In the case of taking possession of a stray or abandoned animal, existing law requires the officer to provide care and treatment for the animal until the animal is deemed to be in suitable condition to be returned to the owner.
This bill would allow, but not require, a peace officer, humane society officer, or animal control officer to take possession of an animal in the above circumstances. The bill would require a seizing organization or entity to provide care and treatment for a seized animal until the animal is placed, returned to the owner, or euthanized.
(2)Existing law requires the owner or keeper of an animal that is properly seized to be personally liable to the seizing agency for the cost of the seizure and care of the animal.
This bill would make the owner or keeper of the animal liable to the seizing agency, and if the animal is impounded, to the impounding agency, for the entire cost of the seizure or impoundment of the animal, including costs associated with preparing and posting notices and sending statements of charges. The bill would require the seizing and impounding agency to present the owner with a statement listing all accrued charges, as provided, either at the postseizure hearing or by personal service, first class mail, or electronic mail, as specified.
(3)Existing law permits the return of an animal only when the owner can demonstrate to the satisfaction of the seizing agency or hearing officer that the owner can and will provide the necessary care for the animal.
This bill would require that if the animal was seized pursuant to a search warrant that the court that issued or adjudicated the warrant give its express approval prior to the release of the animal to the owner.
(4)Existing law makes it a misdemeanor for every owner, driver, or keeper of an animal to permit the animal to be in any building, enclosure, lane, street, square, or lot of any city, county, city and county, or judicial district without proper care and attention. Existing law, in cases involving cats and dogs, allows a seizing entity or prosecuting attorney to file a petition in a criminal action to request that the court issue an order forfeiting an animal prior to the final disposition of the case.
This bill would make the above provision applicable to any animal.
(a)(1)Each owner, driver, or keeper of any animal who permits the animal to be in any building, enclosure, lane, street, square, or lot of any city, county, city and county, or judicial district without proper care and attention is guilty of a misdemeanor. Any peace officer, humane officer, or animal control officer shall take possession of the stray or abandoned animal until the animal is deemed to be in suitable condition to be returned to the owner. When the officer has reasonable grounds to believe that very prompt action is required to protect the health or safety of the animal or the health or safety of others, the officer shall immediately seize the animal and comply with subdivision (f). In all other cases, the officer shall comply with the provisions of subdivision (g). If the animal is seized, the seizing organization or agency shall provide care and treatment for the animal until the animal is placed, returned to the owner, or euthanized. The full cost of caring for and treating any animal properly seized under this subdivision or pursuant to a search warrant shall constitute a lien on the animal and the animal shall not be returned to its owner until the charges are paid, if the seizure is upheld pursuant to this section.
(2)Notwithstanding any other law, if an animal control officer or humane officer, when necessary to protect the health and safety of a wild, stray, or abandoned animal or the health and safety of others, seeks to administer a tranquilizer that contains a controlled substance, as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code, to gain control of that animal, he or she may possess and administer that tranquilizer with direct or indirect supervision as determined by a licensed veterinarian, provided that the officer has met each of the following requirements:
(A)Has received training in the administration of tranquilizers from a licensed veterinarian. The training shall be approved by the Veterinary Medical Board.
(B)Has successfully completed the firearms component of a course relating to the exercise of police powers, as set forth in Section 832.
(C)Is authorized by his or her agency or organization to possess and administer the tranquilizer in accordance with a policy established by the agency or organization and approved by the veterinarian who obtained the controlled substance.
(D)Has successfully completed the euthanasia training set forth in Section 2039 of Title 16 of the California Code of Regulations.
(E)Has completed a state and federal fingerprinting background check and does not have any drug- or alcohol-related convictions.
(b)Each sick, disabled, infirm, or crippled animal, except a dog or cat, that is abandoned in any city, county, city and county, or judicial district may be killed by the officer if, after a reasonable search, no owner of the animal can be found. It shall be the duty of all peace officers, humane officers, and animal control officers to cause the animal to be killed or rehabilitated and placed in a suitable home on information that the animal is stray or abandoned. The officer may likewise take charge of any animal, including a dog or cat, that by reason of lameness, sickness, feebleness, or neglect, is unfit for the labor it is performing, or that in any other manner is being cruelly treated, and provide care and treatment for the animal until it is deemed to be in a suitable condition to be returned to the owner. When the officer has reasonable grounds to believe that very prompt action is required to protect the health or safety of an animal or the health or safety of others, the officer shall immediately seize the animal and comply with subdivision (f). In all other cases, the officer shall comply with subdivision (g). The full cost of caring for and treating any animal properly seized under this subdivision or pursuant to a search warrant shall constitute a lien on the animal and the animal shall not be returned to its owner until the charges are paid.
(c)(1)Any peace officer, humane officer, or animal control officer shall convey all injured cats and dogs found without their owners in a public place directly to a veterinarian known by the officer to be a veterinarian who ordinarily treats dogs and cats for a determination of whether the animal shall be immediately and humanely destroyed or shall be hospitalized under proper care and given emergency treatment.
(2)If the owner does not redeem the animal within the locally prescribed waiting period, the veterinarian may personally perform euthanasia on the animal. If the animal is treated and recovers from its injuries, the veterinarian may keep the animal for purposes of adoption, provided the responsible animal control agency has first been contacted and has refused to take possession of the animal.
(3)Whenever any animal is transferred to a veterinarian in a clinic, such as an emergency clinic that is not in continuous operation, the veterinarian may, in turn, transfer the animal to an appropriate facility.
(4)If the veterinarian determines that the animal shall be hospitalized under proper care and given emergency treatment, the costs of any services that are provided pending the owners inquiry to the responsible agency, department, or society shall be paid from the dog license fees, fines, and fees for impounding dogs in the city, county, or city and county in which the animal was licensed or, if the animal is unlicensed, shall be paid by the jurisdiction in which the animal was found, subject to the provision that this cost be repaid by the animals owner. The full cost of caring for and treating any animal seized under this subdivision shall constitute a lien on the animal and the animal shall not be returned to the owner until the charges are paid. No veterinarian shall be criminally or civilly liable for any decision that he or she makes or for services that he or she provides pursuant to this subdivision.
(d)An animal control agency that takes possession of an animal pursuant to subdivision (c) shall keep records of the whereabouts of the animal from the time of possession to the end of the animals impoundment, and those records shall be available for inspection by the public upon request for three years after the date the animals impoundment ended.
(e)Notwithstanding any other provision of this section, any peace officer, humane officer, or any animal control officer may, with the approval of his or her immediate superior, humanely destroy any stray or abandoned animal in the field in any case where the animal is too severely injured to move or where a veterinarian is not available and it would be more humane to euthanize the animal.
(f)Whenever an officer authorized under this section seizes or impounds an animal based on a reasonable belief that prompt action is required to protect the health or safety of the animal or the health or safety of others, the officer shall, prior to the commencement of any criminal proceedings authorized by this section, provide the owner or keeper of the animal, if known or ascertainable after reasonable investigation, with the opportunity for a postseizure hearing to determine the validity of the seizure or impoundment, or both.
(1)The agency shall cause a notice to be affixed to a conspicuous place where the animal was situated or personally deliver a notice of the seizure or impoundment, or both, to the owner or keeper within 48 hours, excluding weekends and holidays. The notice shall include all of the following:
(A)The name, business address, and telephone number of the officer providing the notice.
(B)A description of the animal seized, including any identification upon the animal.
(C)The authority and purpose for the seizure or impoundment, including the time, place, and circumstances under which the animal was seized.
(D)A statement that, in order to receive a postseizure hearing, the owner or person authorized to keep the animal, or his or her agent, shall request the hearing by signing and returning an enclosed declaration of ownership or right to keep the animal to the agency providing the notice within 10 days, including weekends and holidays, of the date of the notice. The declaration may be returned by personal delivery or mail.
(E)A statement that the full cost of caring for and treating any animal properly seized under this section is a lien on the animal and that the animal shall not be returned to the owner until the charges are paid, and that failure to request or to attend a scheduled hearing shall result in liability for this cost.
(2)The postseizure hearing shall be conducted within 48 hours of the request, excluding weekends and holidays. The seizing agency may authorize its own officer or employee to conduct the hearing if the hearing officer is not the same person who directed the seizure or impoundment of the animal and is not junior in rank to that person. The agency may utilize the services of a hearing officer from outside the agency for the purposes of complying with this section.
(3)Failure of the owner or keeper, or of his or her agent, to request or to attend a scheduled hearing shall result in a forfeiture of any right to a postseizure hearing or right to challenge his or her liability for costs incurred.
(4)The agency, department, or society employing the person who directed the seizure shall be responsible for the costs incurred for caring and treating the animal, if it is determined in the postseizure hearing that the seizing officer did not have reasonable grounds to believe very prompt action, including seizure of the animal, was required to protect the health or safety of the animal or the health or safety of others. If it is determined the seizure was justified, the owner or keeper shall be personally liable to the seizing agency for the full cost of the seizure and care of the animal. The charges for the seizure and care of the animal shall be a lien on the animal. The animal shall not be returned to its owner until the charges are paid and the owner demonstrates to the satisfaction of the seizing agency or the hearing officer that the owner can and will provide the necessary care for the animal.
(g)Where the need for immediate seizure is not present and prior to the commencement of any criminal proceedings authorized by this section, the agency shall provide the owner or keeper of the animal, if known or ascertainable after reasonable investigation, with the opportunity for a hearing prior to any seizure or impoundment of the animal. The owner shall produce the animal at the time of the hearing unless, prior to the hearing, the owner has made arrangements with the agency to view the animal upon request of the agency, or unless the owner can provide verification that the animal was humanely destroyed. Any person who willfully fails to produce the animal or provide the verification is guilty of an infraction, punishable by a fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000).
(1)The agency shall cause a notice to be affixed to a conspicuous place where the animal was situated or personally deliver a notice stating the grounds for believing the animal should be seized under subdivision (a) or (b). The notice shall include all of the following:
(A)The name, business address, and telephone number of the officer providing the notice.
(B)A description of the animal to be seized, including any identification upon the animal.
(C)The authority and purpose for the possible seizure or impoundment.
(D)A statement that, in order to receive a hearing prior to any seizure, the owner or person authorized to keep the animal, or his or her agent, shall request the hearing by signing and returning the enclosed declaration of ownership or right to keep the animal to the officer providing the notice within two days, excluding weekends and holidays, of the date of the notice.
(E)A statement that the cost of caring for and treating any animal properly seized under this section is a lien on the animal, that any animal seized shall not be returned to the owner until the charges are paid, and that failure to request or to attend a scheduled hearing shall result in a conclusive determination that the animal may properly be seized and that the owner shall be liable for the charges.
(2)The preseizure hearing shall be conducted within 48 hours, excluding weekends and holidays, after receipt of the request. The seizing agency may authorize its own officer or employee to conduct the hearing if the hearing officer is not the same person who requests the seizure or impoundment of the animal and is not junior in rank to that person. The agency may utilize the services of a hearing officer from outside the agency for the purposes of complying with this section.
(3)Failure of the owner or keeper, or his or her agent, to request or to attend a scheduled hearing shall result in a forfeiture of any right to a preseizure hearing or right to challenge his or her liability for costs incurred pursuant to this section.
(4)The hearing officer, after the hearing, may affirm or deny the owners or keepers right to custody of the animal and, if reasonable grounds are established, may order the seizure or impoundment of the animal for care and treatment.
(h)(1)If any animal is properly seized or impounded, or both seized and impounded, under this section or pursuant to a search warrant, the owner or keeper shall be personally liable to the seizing agency or impounding agency, or both the seizing agency and the impounding agency, for all costs of the seizure or impoundment, or both the seizure and impoundment, and care of the animal, including all costs associated with the preparation and posting of notices and sending of statements of charges in accordance with this section.
(2)An animal lawfully seized pursuant to this section or pursuant to a search warrant shall be deemed to be abandoned and may be disposed of by the seizing agency if the charges for the seizure or impoundment and any other charges permitted under this section are not paid within 14 days of service of the notice of charges, or if the owner, within 14 days of notice of availability of the animal to be returned, fails to pay charges permitted under this section and take possession of the animal. An animal properly seized under this section or pursuant to a search warrant shall not be returned to its owner until the owner can demonstrate to the satisfaction of the seizing agency or hearing officer that the owner can and will provide the necessary care for the animal. If the animal was seized pursuant to a search warrant, express approval of the court that issued the warrant or adjudicated the matter shall be obtained prior to the release of the animal.
(3)Notice of charges for the seizure, impoundment, and care of the animal pursuant to this section shall be executed as follows:
(A)(i)If the animal is seized or impounded pursuant to subdivision (f), a statement listing all charges that have accrued from the time of an animals seizure or impoundment shall be presented to the owner or keeper at the time of the postseizure hearing. If no postseizure hearing is held, the statement of charges shall be presented to the owner or keeper via personal service, first-class mail, or electronic mail within two calendar days of the expiration of the 10-day period during which an owner or keeper may request a hearing specified in subparagraph (D) of paragraph (1) of subdivision (f).
(ii)If the animal is seized or impounded following the issuance of a preseizure notice pursuant to subdivision (g), a statement listing all charges shall be presented to the owner or keeper via personal service, first-class mail, or electronic mail no later than five calendar days after the date the animal is seized or impounded.
(iii)If the animal is seized pursuant to a search warrant, a statement listing all charges shall be presented to the owner or keeper via personal service, first-class mail, or electronic mail no later than five calendar days after the date the animal is seized or impounded.
(B)If the charges are paid and the animal remains impounded, the impounding agency shall continue to present statements of charges to the owner or keeper on an ongoing basis via personal service, first-class mail, or electronic mail. The statements shall list all new charges that have accrued during the time of impoundment since the last statement was sent or delivered. The time period for delivery or mailing the subsequent statements shall be at least 14 days from the date of the last statement, but shall not exceed 21 days from the date the last statement was presented.
(C)The statement of charges specified in subparagraph (A) and any subsequent statements specified in subparagraph (B) shall include a notice that the animal will be deemed abandoned if charges are not paid within 14 days of service, and that payment of fees does not guarantee the release of the animal, but does allow the owner or keeper to retain an ownership interest in the animal.
(i)A veterinarian may humanely destroy an impounded animal without regard to the prescribed holding period when it has been determined that the animal has incurred severe injuries or is incurably crippled. A veterinarian also may immediately humanely destroy an impounded animal afflicted with a serious contagious disease unless the owner or his or her agent immediately authorizes treatment of the animal by a veterinarian at the expense of the owner or agent.
(j)An animal properly seized under this section or pursuant to a search warrant shall not be returned to its owner until the owner can demonstrate to the satisfaction of the seizing agency or hearing officer that the owner can and will provide the necessary care for the animal. If the animal was seized pursuant to a search warrant, express approval of the court that issued the warrant or adjudicated the matter shall be obtained prior to the release of the animal.
(k)(1)Prior to the final disposition of any criminal charges, the seizing agency or prosecuting attorney may file a petition in a criminal action requesting that, prior to that final disposition, the court issue an order forfeiting the animal to the city, county, or seizing agency. The petitioner shall serve a true copy of the petition upon the defendant and the prosecuting attorney.
(2)Upon receipt of the petition, the court shall set a hearing on the petition. The hearing shall be conducted within 14 days after the filing of the petition, or as soon as practicable.
(3)The petitioner shall have the burden of establishing beyond a reasonable doubt that, even in the event of an acquittal of the criminal charges, the owner will not legally be permitted to retain the animal in question. If the court finds that the petitioner has met its burden, the court shall order the immediate forfeiture of the animal as sought by the petition.
(4)This section does not authorize a seizing agency or prosecuting attorney to file a petition to determine an owners ability to legally retain an animal pursuant to paragraph (3) of subdivision (l) if a petition has previously been filed pursuant to this subdivision.
(l)(1)Upon the conviction of a person charged with a violation of this section, or Section 597 or 597a, all animals lawfully seized and impounded with respect to the violation shall be adjudged by the court to be forfeited and shall thereupon be transferred to the impounding officer or appropriate public entity for proper adoption or other disposition. A person convicted of a violation of this section shall be personally liable to the seizing agency for all costs of impoundment from the time of seizure to the time of proper disposition. Upon conviction, the court shall order the convicted person to make payment to the appropriate public entity for the costs incurred in the housing, care, feeding, and treatment of the seized or impounded animals. Each person convicted in connection with a particular animal may be held jointly and severally liable for restitution for that particular animal. The payment shall be in addition to any other fine or sentence ordered by the court.
(2)The court may also order, as a condition of probation, that the convicted person be prohibited from owning, possessing, caring for, or residing with, animals of any kind, and require the convicted person to immediately deliver all animals in his or her possession to a designated public entity for adoption or other lawful disposition or provide proof to the court that the person no longer has possession, care, or control of any animals. In the event of the acquittal or final discharge without conviction of the person charged, if the animal is still impounded, the animal has not been previously deemed abandoned pursuant to subdivision (h), the court has not ordered that the animal be forfeited pursuant to subdivision (k), the court shall, on demand, direct the release of seized or impounded animals to the defendant upon a showing of proof of ownership.
(3)Any questions regarding ownership shall be determined in a separate hearing by the court where the criminal case was finally adjudicated and the court shall hear testimony from any persons who may assist the court in determining ownership of the animal. If the owner is determined to be unknown or the owner is prohibited or unable to retain possession of the animals for any reason, the court shall order the animals to be released to the appropriate public entity for adoption or other lawful disposition. This section is not intended to cause the release of any animal, bird, reptile, amphibian, or fish seized or impounded pursuant to any other statute, ordinance, or municipal regulation. This section shall not prohibit the seizure or impoundment of animals as evidence as provided for under any other provision of law.
(m)If the prosecutors office with jurisdiction decides not to file criminal charges based on conduct related to the seizure or impoundment of the animal, the prosecutors office shall inform the seizing or impounding agency of that fact promptly. If the animal is still impounded, and the animal has not been previously deemed abandoned pursuant to subdivision (h), the seizing or impounding agency shall, not withstanding notwithstanding subdivision (j), release the seized or impounded animal to the owner upon a showing of proof of ownership.
(n)It shall be the duty of all peace officers, humane officers, and animal control officers to use all currently acceptable methods of identification, both electronic and otherwise, to determine the lawful owner or caretaker of any seized or impounded animal. It shall also be their duty to make reasonable efforts to notify the owner or caretaker of the whereabouts of the animal and any procedures available for the lawful recovery of the animal and, upon the owners and caretakers initiation of recovery procedures, retain custody of the animal for a reasonable period of time to allow for completion of the recovery process. Efforts to locate or contact the owner or caretaker and communications with persons claiming to be the owner or caretaker shall be recorded and maintained and be made available for public inspection.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
(a)(1)Each owner, driver, or keeper of any animal who permits the animal to be in any building, enclosure, lane, street, square, or lot of any city, county, city and county, or judicial district without proper care and attention is guilty of a misdemeanor. Any peace officer, humane officer, or animal control officer shall take possession of the stray or abandoned animal until the animal is deemed to be in suitable condition to be returned to the owner. When the officer has reasonable grounds to believe that very prompt action is required to protect the health or safety of the animal or the health or safety of others, the officer shall immediately seize the animal and comply with subdivision (f). In all other cases, the officer shall comply with the provisions of subdivision (g). If the animal is seized, the seizing organization or agency shall provide care and treatment for the animal until the animal is placed, returned to the owner, or euthanized. The full cost of caring for and treating any animal properly seized under this subdivision or pursuant to a search warrant shall constitute a lien on the animal and the animal shall not be returned to its owner until the charges are paid, if the seizure is upheld pursuant to this section.
(2)Notwithstanding any other law, if an animal control officer or humane officer, when necessary to protect the health and safety of a wild, stray, or abandoned animal or the health and safety of others, seeks to administer a tranquilizer that contains a controlled substance, as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code, to gain control of that animal, he or she may possess and administer that tranquilizer with direct or indirect supervision as determined by a licensed veterinarian, provided that the officer has met each of the following requirements:
(A)Has received training in the administration of tranquilizers from a licensed veterinarian. The training shall be approved by the Veterinary Medical Board.
(B)Has successfully completed the firearms component of a course relating to the exercise of police powers, as set forth in Section 832.
(C)Is authorized by his or her agency or organization to possess and administer the tranquilizer in accordance with a policy established by the agency or organization and approved by the veterinarian who obtained the controlled substance.
(D)Has successfully completed the euthanasia training set forth in Section 2039 of Title 16 of the California Code of Regulations.
(E)Has completed a state and federal fingerprinting background check and does not have any drug- or alcohol-related convictions.
(b)Each sick, disabled, infirm, or crippled animal, except a dog or cat, that is abandoned in any city, county, city and county, or judicial district may be killed by the officer if, after a reasonable search, no owner of the animal can be found. It shall be the duty of all peace officers, humane officers, and animal control officers to cause the animal to be killed or rehabilitated and placed in a suitable home on information that the animal is stray or abandoned. The officer may likewise take charge of any animal, including a dog or cat, that by reason of lameness, sickness, feebleness, or neglect, is unfit for the labor it is performing, or that in any other manner is being cruelly treated, and provide care and treatment for the animal until it is deemed to be in a suitable condition to be returned to the owner. When the officer has reasonable grounds to believe that very prompt action is required to protect the health or safety of an animal or the health or safety of others, the officer shall immediately seize the animal and comply with subdivision (f). In all other cases, the officer shall comply with subdivision (g). The full cost of caring for and treating any animal properly seized under this subdivision or pursuant to a search warrant shall constitute a lien on the animal and the animal shall not be returned to its owner until the charges are paid.
(c)(1)Any peace officer, humane officer, or animal control officer shall convey all injured cats and dogs found without their owners in a public place directly to a veterinarian known by the officer to be a veterinarian who ordinarily treats dogs and cats for a determination of whether the animal shall be immediately and humanely destroyed or shall be hospitalized under proper care and given emergency treatment.
(2)If the owner does not redeem the animal within the locally prescribed waiting period, the veterinarian may personally perform euthanasia on the animal. If the animal is treated and recovers from its injuries, the veterinarian may keep the animal for purposes of adoption, provided the responsible animal control agency has first been contacted and has refused to take possession of the animal.
(3)Whenever any animal is transferred to a veterinarian in a clinic, such as an emergency clinic that is not in continuous operation, the veterinarian may, in turn, transfer the animal to an appropriate facility.
(4)If the veterinarian determines that the animal shall be hospitalized under proper care and given emergency treatment, the costs of any services that are provided pending the owners inquiry to the responsible agency, department, or society shall be paid from the dog license fees, fines, and fees for impounding dogs in the city, county, or city and county in which the animal was licensed or, if the animal is unlicensed, shall be paid by the jurisdiction in which the animal was found, subject to the provision that this cost be repaid by the animals owner. The full cost of caring for and treating any animal seized under this subdivision shall constitute a lien on the animal and the animal shall not be returned to the owner until the charges are paid. No veterinarian shall be criminally or civilly liable for any decision that he or she makes or for services that he or she provides pursuant to this subdivision.
(d)An animal control agency that takes possession of an animal pursuant to subdivision (c) shall keep records of the whereabouts of the animal from the time of possession to the end of the animals impoundment, and those records shall be available for inspection by the public upon request for three years after the date the animals impoundment ended.
(e)Notwithstanding any other provision of this section, any peace officer, humane officer, or any animal control officer may, with the approval of his or her immediate superior, humanely destroy any stray or abandoned animal in the field in any case where the animal is too severely injured to move or where a veterinarian is not available and it would be more humane to euthanize the animal.
(f)Whenever an officer authorized under this section seizes or impounds an animal based on a reasonable belief that prompt action is required to protect the health or safety of the animal or the health or safety of others, the officer shall, prior to the commencement of any criminal proceedings authorized by this section, provide the owner or keeper of the animal, if known or ascertainable after reasonable investigation, with the opportunity for a postseizure hearing to determine the validity of the seizure or impoundment, or both.
(1)The agency shall cause a notice to be affixed to a conspicuous place where the animal was situated or personally deliver a notice of the seizure or impoundment, or both, to the owner or keeper within 48 hours, excluding weekends and holidays. The notice shall include all of the following:
(A)The name, business address, and telephone number of the officer providing the notice.
(B)A description of the animal seized, including any identification upon the animal.
(C)The authority and purpose for the seizure or impoundment, including the time, place, and circumstances under which the animal was seized.
(D)A statement that, in order to receive a postseizure hearing, the owner or person authorized to keep the animal, or his or her agent, shall request the hearing by signing and returning an enclosed declaration of ownership or right to keep the animal to the agency providing the notice within 10 days, including weekends and holidays, of the date of the notice. The declaration may be returned by personal delivery or mail.
(E)A statement that the full cost of caring for and treating any animal properly seized under this section is a lien on the animal and that the animal shall not be returned to the owner until the charges are paid, and that failure to request or to attend a scheduled hearing shall result in liability for this cost.
(2)The postseizure hearing shall be conducted within 48 hours of the request, excluding weekends and holidays. The seizing agency may authorize its own officer or employee to conduct the hearing if the hearing officer is not the same person who directed the seizure or impoundment of the animal and is not junior in rank to that person. The agency may utilize the services of a hearing officer from outside the agency for the purposes of complying with this section.
(3)Failure of the owner or keeper, or of his or her agent, to request or to attend a scheduled hearing shall result in a forfeiture of any right to a postseizure hearing or right to challenge his or her liability for costs incurred.
(4)The agency, department, or society employing the person who directed the seizure shall be responsible for the costs incurred for caring and treating the animal, if it is determined in the postseizure hearing that the seizing officer did not have reasonable grounds to believe very prompt action, including seizure of the animal, was required to protect the health or safety of the animal or the health or safety of others. If it is determined the seizure was justified, the owner or keeper shall be personally liable to the seizing agency for the full cost of the seizure and care of the animal. The charges for the seizure and care of the animal shall be a lien on the animal. The animal shall not be returned to its owner until the charges are paid and the owner demonstrates to the satisfaction of the seizing agency or the hearing officer that the owner can and will provide the necessary care for the animal.
(g)Where the need for immediate seizure is not present and prior to the commencement of any criminal proceedings authorized by this section, the agency shall provide the owner or keeper of the animal, if known or ascertainable after reasonable investigation, with the opportunity for a hearing prior to any seizure or impoundment of the animal. The owner shall produce the animal at the time of the hearing unless, prior to the hearing, the owner has made arrangements with the agency to view the animal upon request of the agency, or unless the owner can provide verification that the animal was humanely destroyed. Any person who willfully fails to produce the animal or provide the verification is guilty of an infraction, punishable by a fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000).
(1)The agency shall cause a notice to be affixed to a conspicuous place where the animal was situated or personally deliver a notice stating the grounds for believing the animal should be seized under subdivision (a) or (b). The notice shall include all of the following:
(A)The name, business address, and telephone number of the officer providing the notice.
(B)A description of the animal to be seized, including any identification upon the animal.
(C)The authority and purpose for the possible seizure or impoundment.
(D)A statement that, in order to receive a hearing prior to any seizure, the owner or person authorized to keep the animal, or his or her agent, shall request the hearing by signing and returning the enclosed declaration of ownership or right to keep the animal to the officer providing the notice within two days, excluding weekends and holidays, of the date of the notice.
(E)A statement that the cost of caring for and treating any animal properly seized under this section is a lien on the animal, that any animal seized shall not be returned to the owner until the charges are paid, and that failure to request or to attend a scheduled hearing shall result in a conclusive determination that the animal may properly be seized and that the owner shall be liable for the charges.
(2)The preseizure hearing shall be conducted within 48 hours, excluding weekends and holidays, after receipt of the request. The seizing agency may authorize its own officer or employee to conduct the hearing if the hearing officer is not the same person who requests the seizure or impoundment of the animal and is not junior in rank to that person. The agency may utilize the services of a hearing officer from outside the agency for the purposes of complying with this section.
(3)Failure of the owner or keeper, or his or her agent, to request or to attend a scheduled hearing shall result in a forfeiture of any right to a preseizure hearing or right to challenge his or her liability for costs incurred pursuant to this section.
(4)The hearing officer, after the hearing, may affirm or deny the owners or keepers right to custody of the animal and, if reasonable grounds are established, may order the seizure or impoundment of the animal for care and treatment.
(h)(1)If any animal is properly seized or impounded, or both seized and impounded, under this section or pursuant to a search warrant, the owner or keeper shall be personally liable to the seizing agency or impounding agency, or both the seizing agency and the impounding agency, for all cost costs of the seizure or impoundment, or both the seizure and impoundment, and care of the animal, including all costs associated with the preparation and posting of notices and sending of statements of charges in accordance with this section.
(2)An animal lawfully seized pursuant to this section or pursuant to a search warrant shall be deemed to be abandoned and may be disposed of by the seizing agency if the charges for the seizure or impoundment and any other charges permitted under this section are not paid within 14 days of the seizure or impoundment, service of the notice of charges, or if the owner, within 14 days of notice of availability of the animal to be returned, fails to pay charges permitted under this section and take possession of the animal. An animal properly seized under this section or pursuant to a search warrant shall not be returned to its owner until the owner can demonstrate to the satisfaction of the seizing agency or hearing officer that the owner can and will provide the necessary care for the animal. If the animal was seized pursuant to a search warrant, express approval of the court that issued the warrant or adjudicated the matter shall be obtained prior to the release of the animal.
(3)Notice of charges for the seizure, impoundment, and care of the animal pursuant to this section shall be executed as follows:
(A)(i)If the animal is seized or impounded pursuant to subdivision (f), a statement listing all charges that have accrued from the time of an animals seizure or impoundment shall be presented to the owner or keeper at the time of the postseizure hearing. If no postseizure hearing is held, the statement of charges shall be presented to the owner or keeper via personal service, first-class mail, or electronic mail within two calendar days of the expiration of the 10-day period during which an owner or keeper may request a hearing specified in subparagraph (D) of paragraph (1) of subdivision (f).
(ii)If the animal is seized or impounded following the issuance of a preseizure notice pursuant to subdivision (g), a statement listing all charges shall be presented to the owner or keeper via personal service, first-class mail, or electronic mail no later than five calendar days after the date the animal is seized or impounded.
(iii)If the animal is seized pursuant to a search warrant, a statement listing all charges shall be presented to the owner or keeper via personal service, first-class mail, or electronic mail no later than five calendar days after the date the animal is seized or impounded.
(B)If the charges are paid and the animal remains impounded, the impounding agency shall continue to present statements of charges to the owner or keeper on an ongoing basis via personal service, first-class mail, or electronic mail. The statements shall list all new charges that have accrued during the time of impoundment since the last statement was sent or delivered. The time period for delivery or mailing the subsequent statements shall be at the discretion of the impounding agency, least 14 days from the date of the last statement, but shall not exceed 21 days from the date the last statement was presented.
(C)The statement of charges specified in subparagraph (A) and any subsequent statements specified in subparagraph (B) shall include a notice that the animal will be deemed abandoned if charges are not paid within 14 days of service, and that payment of fees does not guarantee the release of the animal, but does allow the owner or keeper to retain an ownership interest in the animal.
(i)If the animal requires veterinary care and the humane society or public agency is not assured, within 14 days of the seizure of the animal, that the owner will provide the necessary care, the animal shall not be returned to its owner and shall be deemed to have been abandoned and may be disposed of by the seizing agency. A veterinarian may humanely destroy an impounded animal without regard to the prescribed holding period when it has been determined that the animal has incurred severe injuries or is incurably crippled. A veterinarian also may immediately humanely destroy an impounded animal afflicted with a serious contagious disease unless the owner or his or her agent immediately authorizes treatment of the animal by a veterinarian at the expense of the owner or agent.
(j)An animal properly seized under this section or pursuant to a search warrant shall not be returned to its owner until the owner can demonstrate to the satisfaction of the seizing agency or hearing officer that the owner can and will provide the necessary care for the animal. If the animal was seized pursuant to a search warrant, express approval of the court that issued the warrant or adjudicated the matter shall be obtained prior to the release of the animal.
(k)(1)Prior to the final disposition of any criminal charges, the seizing agency or prosecuting attorney may file a petition in a criminal action requesting that, prior to that final disposition, the court issue an order forfeiting the animal to the city, county, or seizing agency. The petitioner shall serve a true copy of the petition upon the defendant and the prosecuting attorney.
(2)Upon receipt of the petition, the court shall set a hearing on the petition. The hearing shall be conducted within 14 days after the filing of the petition, or as soon as practicable.
(3)The petitioner shall have the burden of establishing beyond a reasonable doubt that, even in the event of an acquittal of the criminal charges, the owner will not legally be permitted to retain the animal in question. If the court finds that the petitioner has met its burden, the court shall order the immediate forfeiture of the animal as sought by the petition.
(4)This section does not authorize a seizing agency or prosecuting attorney to file a petition to determine an owners ability to legally retain an animal pursuant to paragraph (3) of subdivision (l) if a petition has previously been filed pursuant to this subdivision.
(l)(1)Upon the conviction of a person charged with a violation of this section, or Section 597 or 597a, all animals lawfully seized and impounded with respect to the violation shall be adjudged by the court to be forfeited and shall thereupon be transferred to the impounding officer or appropriate public entity for proper adoption or other disposition. A person convicted of a violation of this section shall be personally liable to the seizing agency for all costs of impoundment from the time of seizure to the time of proper disposition. Upon conviction, the court shall order the convicted person to make payment to the appropriate public entity for the costs incurred in the housing, care, feeding, and treatment of the seized or impounded animals. Each person convicted in connection with a particular animal may be held jointly and severally liable for restitution for that particular animal. The payment shall be in addition to any other fine or sentence ordered by the court.
(2)The court may also order, as a condition of probation, that the convicted person be prohibited from owning, possessing, caring for, or residing with, animals of any kind, and require the convicted person to immediately deliver all animals in his or her possession to a designated public entity for adoption or other lawful disposition or provide proof to the court that the person no longer has possession, care, or control of any animals. In the event of the acquittal or final discharge without conviction of the person charged, if the animal is still impounded, the animal has not been previously deemed abandoned pursuant to subdivision (h), the court has not ordered that the animal be forfeited pursuant to subdivision (k), the court shall, on demand, direct the release of seized or impounded animals to the defendant upon a showing of proof of ownership.
(3)Any questions regarding ownership shall be determined in a separate hearing by the court where the criminal case was finally adjudicated and the court shall hear testimony from any persons who may assist the court in determining ownership of the animal. If the owner is determined to be unknown or the owner is prohibited or unable to retain possession of the animals for any reason, the court shall order the animals to be released to the appropriate public entity for adoption or other lawful disposition. This section is not intended to cause the release of any animal, bird, reptile, amphibian, or fish seized or impounded pursuant to any other statute, ordinance, or municipal regulation. This section shall not prohibit the seizure or impoundment of animals as evidence as provided for under any other provision of law.
(m)If the prosecutors office with jurisdiction decides not to file criminal charges based on conduct related to the seizure or impoundment of the animal, the prosecutors office shall inform the seizing or impounding agency of that fact promptly. If the animal is still impounded, and the animal has not been previously deemed abandoned pursuant to subdivision (h), the seizing or impounding agency shall, not withstanding subdivision (j), release the seized or impounded animal to the owner upon a showing of proof of ownership.
(m)
(n)It shall be the duty of all peace officers, humane officers, and animal control officers to use all currently acceptable methods of identification, both electronic and otherwise, to determine the lawful owner or caretaker of any seized or impounded animal. It shall also be their duty to make reasonable efforts to notify the owner or caretaker of the whereabouts of the animal and any procedures available for the lawful recovery of the animal and, upon the owners and caretakers initiation of recovery procedures, retain custody of the animal for a reasonable period of time to allow for completion of the recovery process. Efforts to locate or contact the owner or caretaker and communications with persons claiming to be the owner or caretaker shall be recorded and maintained and be made available for public inspection.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
(a)(1)Each owner, driver, or keeper of any animal who permits the animal to be in any building, enclosure, lane, street, square, or lot of any city, county, city and county, or judicial district without proper care and attention is guilty of a misdemeanor. Any peace officer, humane officer, or animal control officer may shall take possession of the stray or abandoned animal until the animal is deemed to be in suitable condition to be returned to the owner. When the officer has reasonable grounds to believe that very prompt action is required to protect the health or safety of the animal or the health or safety of others, the officer may shall immediately seize the animal and comply with subdivision (f). In all other cases, the officer shall comply with the provisions of subdivision (g). If the animal is seized, the seizing organization or agency shall provide care and treatment for the animal until the animal is placed, returned to the owner, or euthanized. The full cost of caring for and treating any animal properly seized under this subdivision or pursuant to a search warrant shall constitute a lien on the animal and the animal shall not be returned to its owner until the charges are paid, if the seizure is upheld pursuant to this section.
(2)Notwithstanding any other law, if an animal control officer or humane officer, when necessary to protect the health and safety of a wild, stray, or abandoned animal or the health and safety of others, seeks to administer a tranquilizer that contains a controlled substance, as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code, to gain control of that animal, he or she may possess and administer that tranquilizer with direct or indirect supervision as determined by a licensed veterinarian, provided that the officer has met each of the following requirements:
(A)Has received training in the administration of tranquilizers from a licensed veterinarian. The training shall be approved by the Veterinary Medical Board.
(B)Has successfully completed the firearms component of a course relating to the exercise of police powers, as set forth in Section 832.
(C)Is authorized by his or her agency or organization to possess and administer the tranquilizer in accordance with a policy established by the agency or organization and approved by the veterinarian who obtained the controlled substance.
(D)Has successfully completed the euthanasia training set forth in Section 2039 of Title 16 of the California Code of Regulations.
(E)Has completed a state and federal fingerprinting background check and does not have any drug- or alcohol-related convictions.
(b)Each sick, disabled, infirm, or crippled animal, except a dog or cat, that is abandoned in any city, county, city and county, or judicial district may be killed by the officer if, after a reasonable search, no owner of the animal can be found. It shall be the duty of all peace officers, humane officers, and animal control officers to cause the animal to be killed or rehabilitated and placed in a suitable home on information that the animal is stray or abandoned. The officer may likewise take charge of any animal, including a dog or cat, that by reason of lameness, sickness, feebleness, or neglect, is unfit for the labor it is performing, or that in any other manner is being cruelly treated, and provide care and treatment for the animal until it is deemed to be in a suitable condition to be returned to the owner. When the officer has reasonable grounds to believe that very prompt action is required to protect the health or safety of an animal or the health or safety of others, the officer shall immediately seize the animal and comply with subdivision (f). In all other cases, the officer shall comply with subdivision (g). The full cost of caring for and treating any animal properly seized under this subdivision or pursuant to a search warrant shall constitute a lien on the animal and the animal shall not be returned to its owner until the charges are paid.
(c)(1)Any peace officer, humane officer, or animal control officer shall convey all injured cats and dogs found without their owners in a public place directly to a veterinarian known by the officer to be a veterinarian who ordinarily treats dogs and cats for a determination of whether the animal shall be immediately and humanely destroyed or shall be hospitalized under proper care and given emergency treatment.
(2)If the owner does not redeem the animal within the locally prescribed waiting period, the veterinarian may personally perform euthanasia on the animal. If the animal is treated and recovers from its injuries, the veterinarian may keep the animal for purposes of adoption, provided the responsible animal control agency has first been contacted and has refused to take possession of the animal.
(3)Whenever any animal is transferred to a veterinarian in a clinic, such as an emergency clinic that is not in continuous operation, the veterinarian may, in turn, transfer the animal to an appropriate facility.
(4)If the veterinarian determines that the animal shall be hospitalized under proper care and given emergency treatment, the costs of any services that are provided pending the owners inquiry to the responsible agency, department, or society shall be paid from the dog license fees, fines, and fees for impounding dogs in the city, county, or city and county in which the animal was licensed or, if the animal is unlicensed, shall be paid by the jurisdiction in which the animal was found, subject to the provision that this cost be repaid by the animals owner. The full cost of caring for and treating any animal seized under this subdivision shall constitute a lien on the animal and the animal shall not be returned to the owner until the charges are paid. No veterinarian shall be criminally or civilly liable for any decision that he or she makes or for services that he or she provides pursuant to this subdivision.
(d)An animal control agency that takes possession of an animal pursuant to subdivision (c) shall keep records of the whereabouts of the animal from the time of possession to the end of the animals impoundment, and those records shall be available for inspection by the public upon request for three years after the date the animals impoundment ended.
(e)Notwithstanding any other provision of this section, any peace officer, humane officer, or any animal control officer may, with the approval of his or her immediate superior, humanely destroy any stray or abandoned animal in the field in any case where the animal is too severely injured to move or where a veterinarian is not available and it would be more humane to euthanize the animal.
(f)Whenever an officer authorized under this section seizes or impounds an animal based on a reasonable belief that prompt action is required to protect the health or safety of the animal or the health or safety of others, the officer shall, prior to the commencement of any criminal proceedings authorized by this section, provide the owner or keeper of the animal, if known or ascertainable after reasonable investigation, with the opportunity for a postseizure hearing to determine the validity of the seizure or impoundment, or both.
(1)The agency shall cause a notice to be affixed to a conspicuous place where the animal was situated or personally deliver a notice of the seizure or impoundment, or both, to the owner or keeper within 48 hours, excluding weekends and holidays. The notice shall include all of the following:
(A)The name, business address, and telephone number of the officer providing the notice.
(B)A description of the animal seized, including any identification upon the animal.
(C)The authority and purpose for the seizure or impoundment, including the time, place, and circumstances under which the animal was seized.
(D)A statement that, in order to receive a postseizure hearing, the owner or person authorized to keep the animal, or his or her agent, shall request the hearing by signing and returning an enclosed declaration of ownership or right to keep the animal to the agency providing the notice within 10 days, including weekends and holidays, of the date of the notice. The declaration may be returned by personal delivery or mail.
(E)A statement that the full cost of caring for and treating any animal properly seized under this section is a lien on the animal and that the animal shall not be returned to the owner until the charges are paid, and that failure to request or to attend a scheduled hearing shall result in liability for this cost.
(2)The postseizure hearing shall be conducted within 48 hours of the request, excluding weekends and holidays. The seizing agency may authorize its own officer or employee to conduct the hearing if the hearing officer is not the same person who directed the seizure or impoundment of the animal and is not junior in rank to that person. The agency may utilize the services of a hearing officer from outside the agency for the purposes of complying with this section.
(3)Failure of the owner or keeper, or of his or her agent, to request or to attend a scheduled hearing shall result in a forfeiture of any right to a postseizure hearing or right to challenge his or her liability for costs incurred.
(4)The agency, department, or society employing the person who directed the seizure shall be responsible for the costs incurred for caring and treating the animal, if it is determined in the postseizure hearing that the seizing officer did not have reasonable grounds to believe very prompt action, including seizure of the animal, was required to protect the health or safety of the animal or the health or safety of others. If it is determined the seizure was justified, the owner or keeper shall be personally liable to the seizing agency for the full cost of the seizure and care of the animal. The charges for the seizure and care of the animal shall be a lien on the animal. The animal shall not be returned to its owner until the charges are paid and the owner demonstrates to the satisfaction of the seizing agency or the hearing officer that the owner can and will provide the necessary care for the animal.
(g)Where the need for immediate seizure is not present and prior to the commencement of any criminal proceedings authorized by this section, the agency shall provide the owner or keeper of the animal, if known or ascertainable after reasonable investigation, with the opportunity for a hearing prior to any seizure or impoundment of the animal. The owner shall produce the animal at the time of the hearing unless, prior to the hearing, the owner has made arrangements with the agency to view the animal upon request of the agency, or unless the owner can provide verification that the animal was humanely destroyed. Any person who willfully fails to produce the animal or provide the verification is guilty of an infraction, punishable by a fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000).
(1)The agency shall cause a notice to be affixed to a conspicuous place where the animal was situated or personally deliver a notice stating the grounds for believing the animal should be seized under subdivision (a) or (b). The notice shall include all of the following:
(A)The name, business address, and telephone number of the officer providing the notice.
(B)A description of the animal to be seized, including any identification upon the animal.
(C)The authority and purpose for the possible seizure or impoundment.
(D)A statement that, in order to receive a hearing prior to any seizure, the owner or person authorized to keep the animal, or his or her agent, shall request the hearing by signing and returning the enclosed declaration of ownership or right to keep the animal to the officer providing the notice within two days, excluding weekends and holidays, of the date of the notice.
(E)A statement that the cost of caring for and treating any animal properly seized under this section is a lien on the animal, that any animal seized shall not be returned to the owner until the charges are paid, and that failure to request or to attend a scheduled hearing shall result in a conclusive determination that the animal may properly be seized and that the owner shall be liable for the charges.
(2)The preseizure hearing shall be conducted within 48 hours, excluding weekends and holidays, after receipt of the request. The seizing agency may authorize its own officer or employee to conduct the hearing if the hearing officer is not the same person who requests the seizure or impoundment of the animal and is not junior in rank to that person. The agency may utilize the services of a hearing officer from outside the agency for the purposes of complying with this section.
(3)Failure of the owner or keeper, or his or her agent, to request or to attend a scheduled hearing shall result in a forfeiture of any right to a preseizure hearing or right to challenge his or her liability for costs incurred pursuant to this section.
(4)The hearing officer, after the hearing, may affirm or deny the owners or keepers right to custody of the animal and, if reasonable grounds are established, may order the seizure or impoundment of the animal for care and treatment.
(h)(1)If any animal is properly seized or impounded, or both seized and impounded, under this section or pursuant to a search warrant, the owner or keeper shall be personally liable to the seizing agency or impounding agency, or both the seizing agency and the impounding agency, for all cost of the seizure or impoundment, or both the seizure and impoundment, and care of the animal, including all costs associated with the preparation and posting of notices and sending of statements of charges in accordance with this section.
(2)An animal lawfully seized pursuant to this section or pursuant to a search warrant shall be deemed to be abandoned and may be disposed of by the seizing agency if the charges for the seizure or impoundment and any other charges permitted under this section are not paid within 14 days of the seizure or impoundment, or if the owner, within 14 days of notice of availability of the animal to be returned, fails to pay charges permitted under this section and take possession of the animal. An animal properly seized under this section or pursuant to a search warrant shall not be returned to its owner until the owner can demonstrate to the satisfaction of the seizing agency or hearing officer that the owner can and will provide the necessary care for the animal. If the animal was seized pursuant to a search warrant, express approval of the court that issued the warrant or adjudicated the matter shall be obtained prior to the release of the animal.
(3)Notice of charges for the seizure, impoundment, and care of the animal pursuant to this section shall be executed as follows:
(A)(i)If the animal is seized or impounded pursuant to subdivision (f), a statement listing all charges that have accrued from the time of an animals seizure or impoundment shall be presented to the owner or keeper at the time of the postseizure hearing. If no postseizure hearing is held, the statement of charges shall be presented to the owner or keeper via personal service, first class first-class mail, or electronic mail within two calendar days of the expiration of the 10-day period during which an owner or keeper may request a hearing specified in subparagraph (D) of paragraph (1) of subdivision (f).
(ii)If the animal is seized or impounded following the issuance of a preseizure notice pursuant to subdivision (g), a statement listing all charges shall be presented to the owner or keeper via personal service, first class first-class mail, or electronic mail no later than five calendar days after the date the animal is seized or impounded.
(iii)If the animal is seized pursuant to a search warrant, a statement listing all charges shall be presented to the owner or keeper via personal service, first class first-class mail, or electronic mail no later than five calendar days after the date the animal is seized or impounded.
(B)If the charges are paid and the animal remains impounded, the impounding agency shall continue to present statements of charges to the owner or keeper on an ongoing basis via personal service, first class first-class mail, or electronic mail. The statements shall list all new charges that have accrued during the time of impoundment since the last statement was sent or delivered. The time period for delivery or mailing the subsequent statements shall be at the discretion of the impounding agency, but shall not exceed 21 days from the date the last statement was presented.
(C)The statement of charges specified in subparagraph (A) and any subsequent statements specified in subparagraph (B) shall include a notice that the animal will be deemed abandoned if charges are not paid within 14 days of service, and that payment of fees does not guarantee the release of the animal, but does allow the owner or keeper to retain an ownership interest in the animal.
(i)If the animal requires veterinary care and the humane society or public agency is not assured, within 14 days of the seizure of the animal, that the owner will provide the necessary care, the animal shall not be returned to its owner and shall be deemed to have been abandoned and may be disposed of by the seizing agency. A veterinarian may humanely destroy an impounded animal without regard to the prescribed holding period when it has been determined that the animal has incurred severe injuries or is incurably crippled. A veterinarian also may immediately humanely destroy an impounded animal afflicted with a serious contagious disease unless the owner or his or her agent immediately authorizes treatment of the animal by a veterinarian at the expense of the owner or agent.
(j)An animal properly seized under this section or pursuant to a search warrant shall not be returned to its owner until the owner can demonstrate to the satisfaction of the seizing agency or hearing officer that the owner can and will provide the necessary care for the animal. If the animal was seized pursuant to a search warrant, express approval of the court that issued the warrant or adjudicated the matter shall be obtained prior to the release of the animal.
(k)(1)Prior to the final disposition of any criminal charges, the seizing agency or prosecuting attorney may file a petition in a criminal action requesting that, prior to that final disposition, the court issue an order forfeiting the animal to the city, county, or seizing agency. The petitioner shall serve a true copy of the petition upon the defendant and the prosecuting attorney.
(2)Upon receipt of the petition, the court shall set a hearing on the petition. The hearing shall be conducted within 14 days after the filing of the petition, or as soon as practicable.
(3)The petitioner shall have the burden of establishing beyond a reasonable doubt that, even in the event of an acquittal of the criminal charges, the owner will not legally be permitted to retain the animal in question. If the court finds that the petitioner has met its burden, the court shall order the immediate forfeiture of the animal as sought by the petition.
(4)This section does not authorize a seizing agency or prosecuting attorney to file a petition to determine an owners ability to legally retain an animal pursuant to paragraph (3) of subdivision (l) if a petition has previously been filed pursuant to this subdivision.
(l)(1)Upon the conviction of a person charged with a violation of this section, or Section 597 or 597a, all animals lawfully seized and impounded with respect to the violation shall be adjudged by the court to be forfeited and shall thereupon be transferred to the impounding officer or appropriate public entity for proper adoption or other disposition. A person convicted of a violation of this section shall be personally liable to the seizing agency for all costs of impoundment from the time of seizure to the time of proper disposition. Upon conviction, the court shall order the convicted person to make payment to the appropriate public entity for the costs incurred in the housing, care, feeding, and treatment of the seized or impounded animals. Each person convicted in connection with a particular animal may be held jointly and severally liable for restitution for that particular animal. The payment shall be in addition to any other fine or sentence ordered by the court.
(2)The court may also order, as a condition of probation, that the convicted person be prohibited from owning, possessing, caring for, or residing with, animals of any kind, and require the convicted person to immediately deliver all animals in his or her possession to a designated public entity for adoption or other lawful disposition or provide proof to the court that the person no longer has possession, care, or control of any animals. In the event of the acquittal or final discharge without conviction of the person charged, if the animal is still impounded, the animal has not been previously deemed abandoned pursuant to subdivision (h), the court has not ordered that the animal be forfeited pursuant to subdivision (k), the court shall, on demand, direct the release of seized or impounded animals to the defendant upon a showing of proof of ownership.
(3)Any questions regarding ownership shall be determined in a separate hearing by the court where the criminal case was finally adjudicated and the court shall hear testimony from any persons who may assist the court in determining ownership of the animal. If the owner is determined to be unknown or the owner is prohibited or unable to retain possession of the animals for any reason, the court shall order the animals to be released to the appropriate public entity for adoption or other lawful disposition. This section is not intended to cause the release of any animal, bird, reptile, amphibian, or fish seized or impounded pursuant to any other statute, ordinance, or municipal regulation. This section shall not prohibit the seizure or impoundment of animals as evidence as provided for under any other provision of law.
(m)It shall be the duty of all peace officers, humane officers, and animal control officers to use all currently acceptable methods of identification, both electronic and otherwise, to determine the lawful owner or caretaker of any seized or impounded animal. It shall also be their duty to make reasonable efforts to notify the owner or caretaker of the whereabouts of the animal and any procedures available for the lawful recovery of the animal and, upon the owners and caretakers initiation of recovery procedures, retain custody of the animal for a reasonable period of time to allow for completion of the recovery process. Efforts to locate or contact the owner or caretaker and communications with persons claiming to be the owner or caretaker shall be recorded and maintained and be made available for public inspection.
SEC. 2.No reimbursement is required by this act pursuant to Section 6 of Article XIIIB of the California Constitution because a local agency or school district has the authority to levy service charges, fees, or assessments sufficient to pay for the program or level of service mandated by this act, within the meaning of Section 17556 of the Government Code.
(a)(1)Every Each owner, driver, or keeper of any animal who permits the animal to be in any building, enclosure, lane, street, square, or lot of any city, county, city and county, or judicial district without proper care and attention is guilty of a misdemeanor. Any peace officer, humane society officer, or animal control officer shall may take possession of the stray or abandoned animal and shall provide care and treatment for the animal until the animal is deemed to be in suitable condition to be returned to the owner. When the officer has reasonable grounds to believe that very prompt action is required to protect the health or safety of the animal or the health or safety of others, the officer shall may immediately seize the animal and comply with subdivision (f). In all other cases, the officer shall comply with the provisions of subdivision (g). If the animal is seized, the seizing organization or agency shall provide care and treatment for the animal until the animal is placed, returned to the owner, or euthanized. The full cost of caring for and treating any animal properly seized under this subdivision or pursuant to a search warrant shall constitute a lien on the animal and the animal shall not be returned to its owner until the charges are paid, if the seizure is upheld pursuant to this section.
(2)Notwithstanding any other law, if an animal control officer or humane officer, when necessary to protect the health and safety of a wild, stray, or abandoned animal or the health and safety of others, seeks to administer a tranquilizer that contains a controlled substance, as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code, to gain control of that animal, he or she may possess and administer that tranquilizer with direct or indirect supervision as determined by a licensed veterinarian, provided that the officer has met each of the following requirements:
(A)Has received training in the administration of tranquilizers from a licensed veterinarian. The training shall be approved by the California Veterinary Medical Board.
(B)Has successfully completed the firearms component of a course relating to the exercise of police powers, as set forth in Section 832.
(C)Is authorized by his or her agency or organization to possess and administer the tranquilizer in accordance with a policy established by the agency or organization and approved by the veterinarian who obtained the controlled substance.
(D)Has successfully completed the euthanasia training set forth in Section 2039 of Title 16 of the California Code of Regulations.
(E)Has completed a state and federal fingerprinting background check and does not have any drug- or alcohol-related convictions.
(b)Every Each sick, disabled, infirm, or crippled animal, except a dog or cat, that is abandoned in any city, county, city and county, or judicial district may be killed by the officer if, after a reasonable search, no owner of the animal can be found. It shall be the duty of all peace officers, humane society officers, and animal control officers to cause the animal to be killed or rehabilitated and placed in a suitable home on information that the animal is stray or abandoned. The officer may likewise take charge of any animal, including a dog or cat, that by reason of lameness, sickness, feebleness, or neglect, is unfit for the labor it is performing, or that in any other manner is being cruelly treated, and provide care and treatment for the animal until it is deemed to be in a suitable condition to be returned to the owner. When the officer has reasonable grounds to believe that very prompt action is required to protect the health or safety of an animal or the health or safety of others, the officer shall immediately seize the animal and comply with subdivision (f). In all other cases, the officer shall comply with subdivision (g). The full cost of caring for and treating any animal properly seized under this subdivision or pursuant to a search warrant shall constitute a lien on the animal and the animal shall not be returned to its owner until the charges are paid.
(c)(1)Any peace officer, humane society officer, or animal control officer shall convey all injured cats and dogs found without their owners in a public place directly to a veterinarian known by the officer to be a veterinarian who ordinarily treats dogs and cats for a determination of whether the animal shall be immediately and humanely destroyed or shall be hospitalized under proper care and given emergency treatment.
(2)If the owner does not redeem the animal within the locally prescribed waiting period, the veterinarian may personally perform euthanasia on the animal. If the animal is treated and recovers from its injuries, the veterinarian may keep the animal for purposes of adoption, provided the responsible animal control agency has first been contacted and has refused to take possession of the animal.
(3)Whenever any animal is transferred to a veterinarian in a clinic, such as an emergency clinic that is not in continuous operation, the veterinarian may, in turn, transfer the animal to an appropriate facility.
(4)If the veterinarian determines that the animal shall be hospitalized under proper care and given emergency treatment, the costs of any services that are provided pending the owners inquiry to the responsible agency, department, or society shall be paid from the dog license fees, fines, and fees for impounding dogs in the city, county, or city and county in which the animal was licensed or, if the animal is unlicensed, shall be paid by the jurisdiction in which the animal was found, subject to the provision that this cost be repaid by the animals owner. The full cost of caring for and treating any animal seized under this subdivision shall constitute a lien on the animal and the animal shall not be returned to the owner until the charges are paid. No veterinarian shall be criminally or civilly liable for any decision that he or she makes or for services that he or she provides pursuant to this subdivision.
(d)An animal control agency that takes possession of an animal pursuant to subdivision (c) shall keep records of the whereabouts of the animal from the time of possession to the end of the animals impoundment, and those records shall be available for inspection by the public upon request for three years after the date the animals impoundment ended.
(e)Notwithstanding any other provision of this section, any peace officer, humane society officer, or any animal control officer may, with the approval of his or her immediate superior, humanely destroy any stray or abandoned animal in the field in any case where the animal is too severely injured to move or where a veterinarian is not available and it would be more humane to euthanize the animal.
(f)Whenever an officer authorized under this section seizes or impounds an animal based on a reasonable belief that prompt action is required to protect the health or safety of the animal or the health or safety of others, the officer shall, prior to the commencement of any criminal proceedings authorized by this section, provide the owner or keeper of the animal, if known or ascertainable after reasonable investigation, with the opportunity for a postseizure hearing to determine the validity of the seizure or impoundment, or both.
(1)The agency shall cause a notice to be affixed to a conspicuous place where the animal was situated or personally deliver a notice of the seizure or impoundment, or both, to the owner or keeper within 48 hours, excluding weekends and holidays. The notice shall include all of the following:
(A)The name, business address, and telephone number of the officer providing the notice.
(B)A description of the animal seized, including any identification upon the animal.
(C)The authority and purpose for the seizure or impoundment, including the time, place, and circumstances under which the animal was seized.
(D)A statement that, in order to receive a postseizure hearing, the owner or person authorized to keep the animal, or his or her agent, shall request the hearing by signing and returning an enclosed declaration of ownership or right to keep the animal to the agency providing the notice within 10 days, including weekends and holidays, of the date of the notice. The declaration may be returned by personal delivery or mail.
(E)A statement that the full cost of caring for and treating any animal properly seized under this section is a lien on the animal and that the animal shall not be returned to the owner until the charges are paid, and that failure to request or to attend a scheduled hearing shall result in liability for this cost.
(2)The postseizure hearing shall be conducted within 48 hours of the request, excluding weekends and holidays. The seizing agency may authorize its own officer or employee to conduct the hearing if the hearing officer is not the same person who directed the seizure or impoundment of the animal and is not junior in rank to that person. The agency may utilize the services of a hearing officer from outside the agency for the purposes of complying with this section.
(3)Failure of the owner or keeper, or of his or her agent, to request or to attend a scheduled hearing shall result in a forfeiture of any right to a postseizure hearing or right to challenge his or her liability for costs incurred.
(4)The agency, department, or society employing the person who directed the seizure shall be responsible for the costs incurred for caring and treating the animal, if it is determined in the postseizure hearing that the seizing officer did not have reasonable grounds to believe very prompt action, including seizure of the animal, was required to protect the health or safety of the animal or the health or safety of others. If it is determined the seizure was justified, the owner or keeper shall be personally liable to the seizing agency for the full cost of the seizure and care of the animal. The charges for the seizure and care of the animal shall be a lien on the animal. The animal shall not be returned to its owner until the charges are paid and the owner demonstrates to the satisfaction of the seizing agency or the hearing officer that the owner can and will provide the necessary care for the animal.
(g)Where the need for immediate seizure is not present and prior to the commencement of any criminal proceedings authorized by this section, the agency shall provide the owner or keeper of the animal, if known or ascertainable after reasonable investigation, with the opportunity for a hearing prior to any seizure or impoundment of the animal. The owner shall produce the animal at the time of the hearing unless, prior to the hearing, the owner has made arrangements with the agency to view the animal upon request of the agency, or unless the owner can provide verification that the animal was humanely destroyed. Any person who willfully fails to produce the animal or provide the verification is guilty of an infraction, punishable by a fine of not less than two hundred fifty dollars ($250) nor more than one thousand dollars ($1,000).
(1)The agency shall cause a notice to be affixed to a conspicuous place where the animal was situated or personally deliver a notice stating the grounds for believing the animal should be seized under subdivision (a) or (b). The notice shall include all of the following:
(A)The name, business address, and telephone number of the officer providing the notice.
(B)A description of the animal to be seized, including any identification upon the animal.
(C)The authority and purpose for the possible seizure or impoundment.
(D)A statement that, in order to receive a hearing prior to any seizure, the owner or person authorized to keep the animal, or his or her agent, shall request the hearing by signing and returning the enclosed declaration of ownership or right to keep the animal to the officer providing the notice within two days, excluding weekends and holidays, of the date of the notice.
(E)A statement that the cost of caring for and treating any animal properly seized under this section is a lien on the animal, that any animal seized shall not be returned to the owner until the charges are paid, and that failure to request or to attend a scheduled hearing shall result in a conclusive determination that the animal may properly be seized and that the owner shall be liable for the charges.
(2)The preseizure hearing shall be conducted within 48 hours, excluding weekends and holidays, after receipt of the request. The seizing agency may authorize its own officer or employee to conduct the hearing if the hearing officer is not the same person who requests the seizure or impoundment of the animal and is not junior in rank to that person. The agency may utilize the services of a hearing officer from outside the agency for the purposes of complying with this section.
(3)Failure of the owner or keeper, or his or her agent, to request or to attend a scheduled hearing shall result in a forfeiture of any right to a preseizure hearing or right to challenge his or her liability for costs incurred pursuant to this section.
(4)The hearing officer, after the hearing, may affirm or deny the owners or keepers right to custody of the animal and, if reasonable grounds are established, may order the seizure or impoundment of the animal for care and treatment.
(h)(1)If any animal is properly seized or impounded, or both seized and impounded, under this section or pursuant to a search warrant, the owner or keeper shall be personally liable to the seizing agency or impounding agency, or both the seizing agency and the impounding agency, for the all cost of the seizure or impoundment, or both the seizure and impoundment, and care of the animal. Further, if the animal, including all costs associated with the preparation and posting of notices and sending of statements of charges in accordance with this section.
(2)An animal lawfully seized pursuant to this section or pursuant to a search warrant shall be deemed to be abandoned and may be disposed of by the seizing agency if the charges for the seizure or impoundment and any other charges permitted under this section are not paid within 14 days of the seizure or impoundment, or if the owner, within 14 days of notice of availability of the animal to be returned, fails to pay charges permitted under this section and take possession of the animal, the animal shall be deemed to have been abandoned and may be disposed of by the seizing agency. animal.
(3)Notice of charges for the seizure, impoundment, and care of the animal pursuant to this section shall be executed as follows:
(A)(i)If the animal is seized or impounded pursuant to subdivision (f), a statement listing all charges that have accrued from the time of an animals seizure or impoundment shall be presented to the owner or keeper at the time of the postseizure hearing. If no postseizure hearing is held, the statement of charges shall be presented to the owner or keeper via personal service, first class mail, or electronic mail within two calendar days of the expiration of the 10-day period during which an owner or keeper may request a hearing specified in subparagraph (D) of paragraph (1) of subdivision (f).
(ii)If the animal is seized or impounded following the issuance of a preseizure notice pursuant to subdivision (g), a statement listing all charges shall be presented to the owner or keeper via personal service, first class mail, or electronic mail no later than five calendar days after the date the animal is seized or impounded.
(iii)If the animal is seized pursuant to a search warrant, a statement listing all charges shall be presented to the owner or keeper via personal service, first class mail, or electronic mail no later than five calendar days after the date the animal is seized or impounded.
(B)If the charges are paid and the animal remains impounded, the impounding agency shall continue to present statements of charges to the owner or keeper on an ongoing basis via personal service, first class mail, or electronic mail. The statements shall list all new charges that have accrued during the time of impoundment since the last statement was sent or delivered. The time period for delivery or mailing the subsequent statements shall be at the discretion of the impounding agency, but shall not exceed 21 days from the date the last statement was presented.
(C)The statement of charges specified in subparagraph (A) and any subsequent statements specified in subparagraph (B) shall include a notice that the animal will be deemed abandoned if charges are not paid within 14 days of service, and that payment of fees does not guarantee the release of the animal, but does allow the owner or keeper to retain an ownership interest in the animal.
(i)If the animal requires veterinary care and the humane society or public agency is not assured, within 14 days of the seizure of the animal, that the owner will provide the necessary care, the animal shall not be returned to its owner and shall be deemed to have been abandoned and may be disposed of by the seizing agency. A veterinarian may humanely destroy an impounded animal without regard to the prescribed holding period when it has been determined that the animal has incurred severe injuries or is incurably crippled. A veterinarian also may immediately humanely destroy an impounded animal afflicted with a serious contagious disease unless the owner or his or her agent immediately authorizes treatment of the animal by a veterinarian at the expense of the owner or agent.
(j)No An animal properly seized under this section or pursuant to a search warrant shall not be returned to its owner until the owner can demonstrate to the satisfaction of the seizing agency or hearing officer that the owner can and will provide the necessary care for the animal. If the animal was seized pursuant to a search warrant, express approval of the court that issued the warrant or adjudicated the matter shall be obtained prior to the release of the animal.
(k)(1)In the case of cats and dogs, prior Prior to the final disposition of any criminal charges, the seizing agency or prosecuting attorney may file a petition in a criminal action requesting that, prior to that final disposition, the court issue an order forfeiting the animal to the city, county, or seizing agency. The petitioner shall serve a true copy of the petition upon the defendant and the prosecuting attorney.
(2)Upon receipt of the petition, the court shall set a hearing on the petition. The hearing shall be conducted within 14 days after the filing of the petition, or as soon as practicable.
(3)The petitioner shall have the burden of establishing beyond a reasonable doubt that, even in the event of an acquittal of the criminal charges, the owner will not legally be permitted to retain the animal in question. If the court finds that the petitioner has met its burden, the court shall order the immediate forfeiture of the animal as sought by the petition.
(4)Nothing in this subdivision is intended to This section does not authorize a seizing agency or prosecuting attorney to file a petition to determine an owners ability to legally retain an animal pursuant to paragraph (3) of subdivision (l) if a petition has previously been filed pursuant to this subdivision.
(l)(1)Upon the conviction of a person charged with a violation of this section, or Section 597 or 597a, all animals lawfully seized and impounded with respect to the violation shall be adjudged by the court to be forfeited and shall thereupon be transferred to the impounding officer or appropriate public entity for proper adoption or other disposition. A person convicted of a violation of this section shall be personally liable to the seizing agency for all costs of impoundment from the time of seizure to the time of proper disposition. Upon conviction, the court shall order the convicted person to make payment to the appropriate public entity for the costs incurred in the housing, care, feeding, and treatment of the seized or impounded animals. Each person convicted in connection with a particular animal may be held jointly and severally liable for restitution for that particular animal. The payment shall be in addition to any other fine or sentence ordered by the court.
(2)The court may also order, as a condition of probation, that the convicted person be prohibited from owning, possessing, caring for, or residing with, animals of any kind, and require the convicted person to immediately deliver all animals in his or her possession to a designated public entity for adoption or other lawful disposition or provide proof to the court that the person no longer has possession, care, or control of any animals. In the event of the acquittal or final discharge without conviction of the person charged, if the animal is still impounded, the animal has not been previously deemed abandoned pursuant to subdivision (h), the court has not ordered that the animal be forfeited pursuant to subdivision (k), the court shall, on demand, direct the release of seized or impounded animals to the defendant upon a showing of proof of ownership.
(3)Any questions regarding ownership shall be determined in a separate hearing by the court where the criminal case was finally adjudicated and the court shall hear testimony from any persons who may assist the court in determining ownership of the animal. If the owner is determined to be unknown or the owner is prohibited or unable to retain possession of the animals for any reason, the court shall order the animals to be released to the appropriate public entity for adoption or other lawful disposition. This section is not intended to cause the release of any animal, bird, reptile, amphibian, or fish seized or impounded pursuant to any other statute, ordinance, or municipal regulation. This section shall not prohibit the seizure or impoundment of animals as evidence as provided for under any other provision of law.
(m)It shall be the duty of all peace officers, humane society officers, and animal control officers to use all currently acceptable methods of identification, both electronic and otherwise, to determine the lawful owner or caretaker of any seized or impounded animal. It shall also be their duty to make reasonable efforts to notify the owner or caretaker of the whereabouts of the animal and any procedures available for the lawful recovery of the animal and, upon the owners and caretakers initiation of recovery procedures, retain custody of the animal for a reasonable period of time to allow for completion of the recovery process. Efforts to locate or contact the owner or caretaker and communications with persons claiming to be the owner or caretaker shall be recorded and maintained and be made available for public inspection.
|
Date
|
Status
|
|---|---|
| Apr 28, 2016 | Read second time. Ordered to Consent Calendar. |
| Aug 11, 2016 | In committee: Held under submission. |
| Aug 1, 2016 | In committee: Referred to APPR. suspense file. |
| Jun 22, 2016 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 21). Re-referred to Com. on APPR. |
| Jun 21, 2016 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (June 21). Re-referred to Com. on APPR. |
| May 23, 2016 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on PUB. S. |
| May 12, 2016 | Referred to Com. on PUB. S. |
| May 5, 2016 | Read third time. Passed. Ordered to the Senate. (Ayes 79. Noes 0. Page 4685.) |
| May 5, 2016 | Read third time. Passed. Ordered to the Senate. |
| May 5, 2016 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Feb 18, 2016 | Read first time. To print. |
| Apr 27, 2016 | From committee: Do pass. To Consent Calendar. (Ayes 19. Noes 0.) (April 27). |
| Apr 13, 2016 | Re-referred to Com. on APPR. |
| Apr 12, 2016 | Read second time and amended. |
| Apr 11, 2016 | From committee: Amend, and do pass as amended and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 7. Noes 0.) (April 5). |
| Mar 29, 2016 | Re-referred to Com. on PUB. S. |
| Mar 29, 2016 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| Mar 28, 2016 | From committee chair, with author's amendments: Amend, and re-refer to Com. on PUB. S. Read second time and amended. |
| Mar 3, 2016 | Referred to Com. on PUB. S. |
| Feb 19, 2016 | From printer. May be heard in committee March 20. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Aug 1, 2016 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jun 21, 2016 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Public Safety |
Passed |
|
| May 5, 2016 | AB 2278 LINDER Consent Calendar Second Day Regular Session | Assembly Floor |
Passed |
|
| Apr 27, 2016 | Do pass. To Consent Calendar. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 5, 2016 | Do pass as amended, and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Public Safety |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2015 - 2016 Regular Session
AB 2278 (Linder) - Animal control: seizure of animals: costs
Version: May 23, 2016 | Policy Vote: PUB. S. 7 - 0 |
Urgency: No | Mandate: Yes |
Hearing Date: August 1, 2016 | Consultant: Jolie Onodera |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
AB 2278 would clarify and revise procedures related to the seizure or impoundment of animals, including but not limited to the notification to animal owners regarding hearings and the payment of costs when an animal is seized or impounded, as specified.
Fiscal Impact:
- Recoverable local agency costs: Potentially significant increase in non-reimbursable local agency costs (Local Funds) for the seizure, impoundment, care and treatment of animals, and the sending of statements of charges, to be reimbursed by the owners of the seized and impounded animals.
- Potentially unrecoverable local agency costs: Potential increase in local agency costs, potentially state reimbursable (General Fund) for the seizure, care and treatment of animals remaining impounded beyond 14 days from the date of seizure for (1) the non-payment of charges, which is extended to 14 days from service of the notice of charges; (2) the payment of charges but inability of the owner to guarantee care for the animal as required for release of the animal to the owner; and, (3) the extended period of impoundment and care pending express approval of the court for animals seized pursuant to a search warrant.
- Notice of charges process: Although the cost of sending the statements of charges is recoverable from the owners, the bill does not specifically provide for the recovery of costs to establish the process of noticing, including the workload required to prepare the initial and subsequent notices. As a result, this provision could be determined to create a higher level of service on local agencies, potentially requiring reimbursement from the state (General Fund) for these additional administrative costs.
Background:
Under existing law, an owner of any animal who permits the animal to be in any location without proper care and attention is guilty of a misdemeanor. (Penal Code (PC) § 597(a)(1).)
Existing law provides that a peace officer, humane officer, or animal control officer shall take possession of the stray or abandoned animal and shall provide care and treatment for the animal until the animal is deemed to be in suitable condition to be returned to the owner. When the officer has reasonable grounds to believe that very prompt action is required to protect the health or safety of the animal or the health or safety of others, the officer is required to immediately seize the animal, and prior to the commencement of any criminal proceedings, provide the owner or keeper of the animal, if known or ascertainable after reasonable investigation, with the opportunity for a postseizure hearing to determine the validity of the seizure or impoundment, or both. (PC § 597.1(a)(1), (f).)
Under existing law, if an animal is properly seized or pursuant to a search warrant, the owner or keeper is personally liable to the seizing agency for the cost of the seizure and care of the animal. Further, if the charges for the seizure or impoundment and any other charges permitted are not paid within 14 days of the seizure, or if the owner, within 14 days of notice of availability of the animal to be returned, fails to pay charges permitted under this section and take possession of the animal, the animal is deemed to have been abandoned and may be disposed of by the seizing agency. (PC § 597.1 (h).)
Proposed Law:
This bill would both clarify and revise procedures related to the seizure or impoundment of animals, including but not limited to the notification to animal owners regarding hearings and the payment of costs when an animal is seized or impounded. Specifically, this bill:
- Requires a seizing agency to provide care and treatment for a seized animal until the animal is placed, returned to the owner, or euthanized. [expands upon existing law, which requires care and treatment until the animal is deemed to be in suitable condition to be returned to the owner]
- Specifies that the owner or keeper of the animal is liable to the seizing agency or impounding agency for the entire cost of the seizure and impoundment of the animal, and care of the animal, including costs associated with preparing and posting notices and sending statements of charges. [existing law only references seizing agency and does not include impounding agency]
- Requires the seizing agency to present the owner with a “notice of charges,” a statement listing all accrued charges for the seizure, impoundment, are care of the animal, either at the postseizure hearing, or by personal service, first class mail, or electronic mail, as specified. [a new requirement]
- Requires the seizing agency to include in the statement of charges that the animal will be deemed abandoned if charges are not paid within 14 days of service of the notice of charges, and that the payment of fees does not guarantee the release of the animal, but does allow the owner to retain an ownership interest in the animal. [a new requirement]
- Requires the impounding agency to continue to send subsequent notices of additional charges for care of the animal, not less than 14 days but not more than 21 days from the date the last statement was presented, for animals that remain impounded after the initial charges are paid. [a new requirement]
- Deletes the existing provision of law that provides that if an animal requires veterinary care and the humane society or public agency is not assured within 14 days of the seizure of the animal that the owner will provide the necessary care, the animal shall not be returned to its owner and shall be deemed to have been abandoned and may be disposed of by the seizing agency.
- Expands authority of a prosecuting attorney to file a petition in a criminal action requesting that, prior to final disposition, the court issue an order forfeiting the animal to the city, county, or seizing agency from cases involving cats and dogs, to cases involving any animal.
- Requires that if the animal was seized pursuant to a search warrant, that the court that issued or adjudicated the warrant give its express approval prior to the release of the animal to the owner.
- Requires the prosecutor’s office with jurisdiction to inform the seizing or impounding agency if the decision is made not to file criminal charges based on conduct related to the impoundment of the animal.
- Requires the animal to be released to the owner if a decision has been made not to file criminal charges, the animal has not otherwise been deemed abandoned, and irrespective of whether the owner can demonstrate that he or she can and will provide the necessary care for the animal.
Prior Legislation:
SB 1500 (Lieu) Chapter 598/2012 made a number of clarifying changes to provisions dealing with the seizure of animals.
Staff Comments:
This bill specifies additional procedures with regard to the seizure and impoundment of animals, including more detailed requirements on the notification of charges to animal owners. While some costs related to the seizure, impoundment, care and treatment of animals will be reimbursed by the owners of the seized and impounded animals, and therefore, are not reimbursable by the state, the portion of costs that are unrecoverable from animal owners under the following circumstances could potentially be subject to mandate reimbursement – the seizure, care and treatment of animals remaining impounded beyond 14 days from the date of seizure for (1) the non-payment of charges, which is extended to 14 days from service of the notice of charges; (2) the payment of charges but inability of the owner to guarantee care for the animal as required for release of the animal to the owner; and, (3) the extended period of impoundment and care pending express approval of the court for animals seized pursuant to a search warrant.
Staff notes the Commission on State Mandates in a previous decision on Animal Adoption (98-TC-11) approved reimbursement to local agencies for the costs of care and maintenance for impounded stray or abandoned animals during increased holding periods, including for animals that were ultimately euthanized.
Although the cost of sending the statements of charges is recoverable from the owners, the bill does not specifically provide for the recovery of costs to establish the process of noticing, including the workload required to prepare the initial and subsequent notices. As a result, this provision could be determined to create a higher level of service on local agencies, potentially requiring reimbursement from the state (General Fund) for these additional administrative costs.
Recommended Amendments:
Several provisions of PC § 597.1 make reference to the costs or provision of “care and treatment” of animals, while other provisions make reference to only the costs or provision of “care” of the animal. For consistency, the author may wish to consider the following amendments to PC § 597.1:
(f) (4) The agency, department, or society employing the person who directed the seizure shall be responsible for the costs incurred for caring and treating the animal, if it is determined in the postseizure hearing that the seizing officer did not have reasonable grounds to believe very prompt action, including seizure of the animal, was required to protect the health or safety of the animal or the health or safety of others. If it is determined the seizure was justified, the owner or keeper shall be personally liable to the seizing agency for the full cost of the seizure and care seizure, care, and treatment of the animal. The charges for the seizure and care seizure, care and treatment of the animal shall be a lien on the animal. The animal shall not be returned to its owner until the charges are paid and the owner demonstrates to the satisfaction of the seizing agency or the hearing officer that the owner can and will provide the necessary care for the animal.
(h) (1) If any animal is properly seized or impounded, or both seized and impounded, under this section or pursuant to a search warrant, the owner or keeper shall be personally liable to the seizing agency or impounding agency, or both the seizing agency and the impounding agency, for all costs of the seizure or impoundment, or both the seizure and impoundment, and care and treatment of the animal, including all costs associated with the preparation and posting of notices and sending of statements of charges in accordance with this section.
(h) (3) Notice of charges for the seizure, impoundment, and care care and treatment of the animal pursuant to this section shall be executed as follows:
-- END --
SENATE COMMITTEE ON PUBLIC SAFETY
Senator Loni Hancock, Chair
2015 - 2016 Regular
Bill No: AB 2278 Hearing Date: June 21, 2016
Author: | Linder | ||
Version: | May 23, 2016 | ||
Urgency: | No | Fiscal: | Yes |
Consultant: | MK | ||
Subject: Animal Control: Seizure of Animals: Costs
HISTORY
Source: State Humane Association of California
Prior Legislation: SB 1500 (Lieu) – Chapter 598, Stats. 2012
AB 243 (Nava) – Vetoed 2009
SB 318 (Calderon) – Chapter 302, Stats. 2009
Support: California Police Chiefs Association
Opposition: None known
Assembly Floor Vote: 79 - 0
PURPOSE
The purpose of this bill is to clarify the procedures for notification of animal owners regarding hearings and payment of costs when an animal is seized or impounded.
Existing law states that ever person who willfully abandons any animal is guilty of a misdemeanor. (Penal Code § 597s.)
Existing law provides that any peace officer, humane society officer, or animal control officer shall take possession of a stray or abandoned animal and shall provide care and treatment for the animal until the animal is deemed to be in suitable condition to be returned to the owner. (Penal Code § 597.1 (a).)
Existing law specifies that when the officer has reasonable grounds to believe that very prompt action is required to protect the health and safety of the stray or abandoned animal, or others the officer shall immediately seize the animal. (Penal Code § 597.1 (a).)
Existing law states that the owner of a seized animal is liable for the full cost of caring and treating the animal, that these costs will be considered a lien on the animal, and that the animal will not be returned until the charges are paid, if the seizure is upheld. (Penal Code § 597.1(a) and (b).)
Existing law requires any peace officer, humane society officer, or animal control officer to take all injured cats and dogs found without their owners in a public place to a veterinarian who ordinarily treats dogs and cats for a determination of whether the animal shall be immediately and humanely destroyed or shall be hospitalized under proper care and given emergency treatment. (Penal Code § 597.1 (c)(1).)
Existing law specifies that if the owner does not redeem the dog or cat that has been seized, as specified, within the locally prescribed waiting period, the veterinarian may personally perform euthanasia on the animal, or if the animal is treated and recovers from its injuries, the veterinarian may keep the animal for purposes of adoption, provided the responsible animal control agency has first been contacted and has refused to take possession of the animal. (Penal Code § 597.1 (c)(2).)
Existing law states that if the veterinarian provides medical treatment to a dog or cat that has been seized, as specified, the full costs the full cost of caring for and treating that animal shall constitute a lien on the animal and the animal shall not be returned to the owner until the charges are paid. (Penal Code § 597.1(c)(4).)
Existing law provides that any peace officer, humane society officer, or any animal control officer may, with the approval of his or her immediate superior, humanely destroy any stray or abandoned animal in the field in any case where the animal is too severely injured to move or where a veterinarian is not available and it would be more humane to euthanize the animal. (Penal Code § 597.1 (e).)
Existing law states that whenever an officer seizes an animal as specified, the officer shall, prior to the commencement of any criminal proceedings, provide the owner or keeper of the animal, if known or ascertainable after reasonable investigation, with the opportunity for a postseizure hearing to determine the validity of the seizure or impoundment, or both. (Penal Code § 597.1, (f).)
Existing law sets forth the notice requirements for animal-seizure hearings. (Penal Code § 597.1 (f) and (g).)
Existing law specifies that in order to receive a postseizure hearing, the owner or person authorized to keep the animal, or his or her agent, must request the hearing by signing and returning a declaration of ownership or right to keep the animal to the agency providing the notice within 10 days, including weekends and holidays, of the date of the notice. (Penal Code § 597.1 (f)(1)(D).)
Existing law requires the postseizure hearing be conducted within 48 hours of the request, excluding weekends and holidays. (Penal Code § 597.1, subd. (f)(2).)
Existing law states that failure of the owner or keeper, or of his or her agent, to request or to attend a scheduled hearing shall result in a forfeiture of any right to a postseizure hearing or right to challenge his or her liability for costs incurred. (Penal Code § 597.1 (f)(3).)
Existing law specifies that if it is determined in the postseizure hearing that the seizing officer did not have reasonable grounds seize the animal, the agency that seized the animal shall be responsible for the costs incurred for caring and treating the animal. (Penal Code § 597.1(f)(4).)
Existing law states that if it is determined the seizure was justified, the owner or keeper shall be personally liable to the seizing agency for the full cost of the seizure and care of the animal, and the costs for the seizure and care of the animal shall be a lien on the animal. (Penal Code § 597.1, (f)(4).)
Existing law provides that an animal determined to be a legally seized animal shall not be returned to its owner until the charges are paid and the owner demonstrates to the satisfaction of the seizing agency or the hearing officer that the owner can and will provide the necessary care for the animal. (Penal Code § 597.1 (f)(4).)
Existing law specifies that a preseizure hearing shall be conducted within 48 hours, excluding weekends and holidays, after receipt of the request. (Penal Code § 597.1 (g)(2).)
Existing law states that failure of the owner or keeper, or his or her agent, to request or to attend a scheduled preseizure hearing shall result in a forfeiture of any right to a preseizure hearing or right to challenge his or her liability for costs incurred pursuant to this section. (Penal Code § 597.1 (g)(3).)
Existing law states that the hearing officer, after the preseizure hearing, may affirm or deny the owner's or keeper's right to custody of the animal and, if reasonable grounds are established, may order the seizure or impoundment of the animal for care and treatment. (Penal Code § 597.1(g)(4).)
Existing law provides that if the charges for the seizure, and any other permitted charges are not paid within 14 days of the seizure, or if the owner, within 14 days of notice of availability of the animal to be returned, fails to pay charges permitted under this section and take possession of the animal, the animal shall be deemed to have been abandoned and may be disposed of by the seizing agency. (Penal Code § 597.1(h).)
Existing law states that if the animal requires veterinary care and the humane society or public agency is not assured, within 14 days of the seizure of the animal, that the owner will provide the necessary care, the animal shall not be returned to its owner and shall be deemed to have been abandoned and may be disposed of by the seizing agency. (Penal Code § 597.1 (i).)
Existing law provides that a veterinarian may humanely destroy an impounded animal without regard to the prescribed holding period when it has been determined that the animal has incurred severe injuries or is incurably crippled. (Penal Code § 597.1 (i).)
Existing law states that in the case of cats and dogs, prior to the final disposition of any criminal charges, the seizing agency or prosecuting attorney may file a petition in a criminal action requesting that the court issue an order forfeiting the animal to the city, county, or seizing agency. (Penal Code § 597.1 (k)(1).)
Existing law disallows the return of a seized animal to the owner until the seizing agency or hearing officer determines that the animal is physically fit or until the owner shows to the satisfaction of the hearing officer or seizing agency that the owner can and will provide necessary care. (Penal Code § 597.1 (j).)
Existing law states that person convicted of a violation of this section by causing or permitting an act of cruelty, as specified, shall be liable to the impounding officer for all costs of impoundment from the time of seizure to the time of proper disposition. (Pen. Code, § 597 (g).)
This bill requires a seizing agency to provide care and treatment for a seized animal until the animal is placed, returned to the owner, or euthanized.
This bill specifies that the owner or keeper of the animal is liable to the seizing agency for the entire cost of the seizure or impoundment of the animal, including costs associated with preparing and posting notices and sending statements of charges.
This bill requires the seizing agency to provide the owner of the animal with the opportunity for a postseizure hearing to determine the validity of the seizure.
This bill requires the seizing agency to post notice of postseizure hearing rights where the animal was seized, or personally deliver notice of postseizure hearing rights personally to the owner.
This bill specifies that in order to receive a post seizure hearing the owner must request the hearing within 10 days of notice.
This bill requires the seizing agency to present the owner with a statement listing all accrued charges, as provided, either at the postseizure hearing, or by personal service, first class mail, or electronic mail, as specified.
This bill requires the seizing agency to provide notice that the animal will be deemed abandoned if charges are not paid within 14 days of service of notice of charges, and that the payment of fees does not guarantee the release of the animal, but does allow the owner to retain an ownership interest in the animal.
This bill requires the impounding agency to continue to send notices of additional charges for care of the animals, at the discretion of the agency, not less than 14, and not to exceed 21 days from the date the last statement was presented.
This bill requires that if the animal was seized pursuant to a search warrant that the court that issued or adjudicated the warrant; give its express approval prior to the release of the animal to the owner.
This bill provides the same requirements for notice of monetary charges and abandonment if the animal is seized after a preseizure hearing.
This bill requires the prosecutor’s office to inform the seizing agency if they decide not to file criminal charges based on conduct related to the impoundment of the animal.
This bill states that the animal will be released to the owner if a decision has been made not to file criminal charges and the animal has not otherwise been deemed abandoned.
RECEIVERSHIP/OVERCROWDING CRISIS AGGRAVATION
For the past several years this Committee has scrutinized legislation referred to its jurisdiction for any potential impact on prison overcrowding. Mindful of the United States Supreme Court ruling and federal court orders relating to the state’s ability to provide a constitutional level of health care to its inmate population and the related issue of prison overcrowding, this Committee has applied its “ROCA” policy as a content-neutral, provisional measure necessary to ensure that the Legislature does not erode progress in reducing prison overcrowding.
On February 10, 2014, the federal court ordered California to reduce its in-state adult institution population to 137.5% of design capacity by February 28, 2016, as follows:
- 143% of design bed capacity by June 30, 2014;
- 141.5% of design bed capacity by February 28, 2015; and,
- 137.5% of design bed capacity by February 28, 2016.
In December of 2015 the administration reported that as “of December 9, 2015, 112,510 inmates were housed in the State’s 34 adult institutions, which amounts to 136.0% of design bed capacity, and 5,264 inmates were housed in out-of-state facilities. The current population is 1,212 inmates below the final court-ordered population benchmark of 137.5% of design bed capacity, and has been under that benchmark since February 2015.” (Defendants’ December 2015 Status Report in Response to February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman v. Brown, Plata v. Brown (fn. omitted).) One year ago, 115,826 inmates were housed in the State’s 34 adult institutions, which amounted to 140.0% of design bed capacity, and 8,864 inmates were housed in out-of-state facilities. (Defendants’ December 2014 Status Report in Response to February 10, 2014 Order, 2:90-cv-00520 KJM DAD PC, 3-Judge Court, Coleman v. Brown, Plata v. Brown (fn. omitted).)
While significant gains have been made in reducing the prison population, the state must stabilize these advances and demonstrate to the federal court that California has in place the “durable solution” to prison overcrowding “consistently demanded” by the court. (Opinion Re: Order Granting in Part and Denying in Part Defendants’ Request For Extension of December 31, 2013 Deadline, NO. 2:90-cv-0520 LKK DAD (PC), 3-Judge Court, Coleman v. Brown, Plata v. Brown (2-10-14). The Committee’s consideration of bills that may impact the prison population therefore will be informed by the following questions:
- Whether a proposal erodes a measure which has contributed to reducing the prison population;
- Whether a proposal addresses a major area of public safety or criminal activity for which there is no other reasonable, appropriate remedy;
- Whether a proposal addresses a crime which is directly dangerous to the physical safety of others for which there is no other reasonably appropriate sanction;
- Whether a proposal corrects a constitutional problem or legislative drafting error; and
- Whether a proposal proposes penalties which are proportionate, and cannot be achieved through any other reasonably appropriate remedy.
COMMENTS
1. Need for This Bill
According to the author:
Due to the way in which PC 597.1(h) is written - and the absence of clear instructions to animal control/humane societies regarding what they should do after an animal is seized - thousands of animals across the state are held unnecessarily in shelters for long periods of times. This situation creates problems for the animals, the shelter staff, and agencies' already scarce resources.
2. Procedures for Seizing Animals
An animal can be seized in several different ways. A peace officer, humane society officer, or animal control officer can seize a stray or abandoned animal if he or she has reasonable grounds to believe that prompt action is required to protect the health or safety of the animal or the health or safety of others. (Penal Code Section 597.1(a),(b).) Authorities can also obtain a warrant upon a showing of probable cause, and then seize the animal pursuant to the warrant.
There is also an option to seize an animal after a hearing if animal control observes unsuitable conditions, but these conditions do not rise to the level of exigent circumstances (i.e., the need for immediate seizure is not present). Animal control can conduct a hearing prior to seizure of the animal and before criminal proceedings for animal abuse or neglect commence. (Penal Code Section 597.1(g).) In this situation, the owner must produce the animal at the time of the hearing, unless before the hearing he or she allowed the agency to view the animal or unless the owner can provide verification that the animal was already humanely destroyed. This hearing is referred to as a preseizure hearing. (Ibid.) Depending on the findings made at the preseizure hearing, the animal can be seized and held at that point.
3. Administrative Hearings in Animal Seizures
Under existing law, Peace Officers, Humane Society Officers, or Animal Control Officers must take possession of the stray or abandoned animal when the officer has reasonable grounds to believe that very prompt action is required to protect the health or safety of the animal. Once the animal is seized, it is taken to a veterinarian, shelter, or clinic to be treated and housed. Notice must be posted, or mailed, to give any owner an opportunity for a post seizure hearing. The owner must request a post seizure hearing within 10 calendar days from the date of notice, or loses the opportunity for a hearing. The purpose of the hearing is to determine if the seizure or impoundment of the animal was valid. If the seizure is upheld the owner is responsible for the costs of care and treatment of the animal. Those costs are a lien against the animal. If the owner fails to pay the costs of the seizure and animal care within 14 days of the seizure the animal shall be deemed abandoned and may be placed, or the seizing agency can make other arrangements for the animal.
Current law does not provide clear guidelines for the seizing agency to provide notice to the owner of the animal regarding payment of costs and when an animal is deemed abandoned by the owner. This bill provides such guidelines.
-- END --
Date of Hearing: April 27, 2016
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez, Chair
ABPCA Bill Id:AB 2278
Author:(Linder) – As Amended Ver:April 12, 2016
Policy Committee: | Public Safety | Vote: | 7 - 0 |
Urgency: No State Mandated Local Program: Yes Reimbursable: Yes
SUMMARY:
This bill clarifies procedures for notification of animal owners regarding hearings and payment of costs when an animal is seized or impounded. Specifically, this bill:
- Specifies that when there are reasonable grounds to believe that very prompt action is required to protect the health or safety of an animal or the health or safety of others, the animal shall be seized immediately and the agency must provide care and treatment of the animal until the animal is placed, returned to the owner, or euthanized.
- Specifies that the owner or keeper of the animal is liable to the seizing agency for the entire cost of the seizure or impoundment of the animal, including costs associated with preparing and posting notices and sending statements of charges, and requires specified notices be provided to the owners regarding these monetary charges.
- Provides a postseizure hearing process to determine the validity of the seizure.
- Requires the seizing agency to present the owner with a statement listing all accrued charges, as provided, either at the postseizure hearing, or by personal service, first-class mail, or electronic mail, as specified.
- Requires the seizing agency to provide notice that the animal will be deemed abandoned if charges are not paid within 14 days of service of notice of charges, and that the payment of fees does not guarantee the release of the animal, but does allow the owner to retain an ownership interest in the animal.
FISCAL EFFECT:
Unknown costs to local agencies, to be reimbursed by the owners of the seized animals. However, this bill could result in unknown reimbursable state mandated costs if the seizing agency is unable to recover its cost from the owner after 14 days.
COMMENTS:
- Background. An animal can be seized in several different ways. A peace officer, humane society officer, or animal control officer can seize a stray or abandoned animal if he or she has reasonable grounds to believe that prompt action is required to protect the health or safety of the animal or the health or safety of others. Authorities can also obtain a warrant upon a showing of probable cause, and then seize the animal pursuant to the warrant.
There is also an option to seize an animal after a hearing if animal control observes unsuitable conditions, but these conditions do not rise to the level of exigent circumstances (i.e., the need for immediate seizure is not present). Animal control can conduct a hearing prior to seizure of the animal and before criminal proceedings for animal abuse or neglect commence. In this situation, the owner must produce the animal at the time of the hearing, unless before the hearing he or she allowed the agency to view the animal or unless the owner can provide verification that the animal was already humanely destroyed. This hearing is referred to as a preseizure hearing. Depending on the findings made at the preseizure hearing, the animal can be seized and held at that point.
- Purpose. According to the author, "AB 2278 clean ups current law by clarifying the 14-day notice language and provide that all animals seized for alleged abuse are eligible for mandatory forfeiture after a court hearing. By making these changes we can help avoid any undue suffering to animals that are in shelters as well as avoid any unanticipated cost to the owner.”
Current law does not provide clear guidelines for the seizing agency to provide notice to the owner of the animal regarding payment of costs and when an animal is deemed abandoned by the owner. AB 2278 provides such guidelines.
- Support: According to The State Humane Association of California, the proposed changes in AB 2278 are not meant to undermine or redirect the statute’s original purpose of existing law that animal shelters rely on to deal with animal cruelty and neglect. Rather it is meant to clarify the rights and responsibilities of both owners and agencies when an animal is seized for abuse or neglect.
- Prior Legislation:
- SB 1500 (Lieu), Chapter 598, Statutes of 2012, allows pre-conviction forfeiture of an individual’s seized animals in animal abuse and neglect cases.
- SB 318 (Calderon), Chapter 302, Statutes of 2009, provided for the forfeiture of any property interest that was either acquired through the commission of dogfighting, or used to promote, further or facilitate dogfighting.
- SB 1500 (Lieu), Chapter 598, Statutes of 2012, allows pre-conviction forfeiture of an individual’s seized animals in animal abuse and neglect cases.
Analysis Prepared by: Pedro Reyes / APPR. / (916) 319-2081
Date of Hearing: April 5, 2016
Counsel: David Billingsley
ASSEMBLY COMMITTEE ON
, Sr., Chair
ABPCA Bill Id:
Author:() – As Ver:
As Proposed to be Amended in Committee
SUMMARY:
Clarifies procedures for notification of animal owners regarding hearings and payment of costs when an animal is seized or impounded. Specifically, this bill:
- Requires a peace officer, humane society officer, or animal control officer to take possession of an animal that is not provided proper care and attention.
- Specifies that when there are reasonable grounds to believe that very prompt action is required to protect the health or safety of the animal or the health or safety of others, the animal shall be seized immediately.
- Requires a seizing agency to provide care and treatment for a seized animal until the animal is placed, returned to the owner, or euthanized.
- Specifies that the owner or keeper of the animal is liable to the seizing agency for the entire cost of the seizure or impoundment of the animal, including costs associated with preparing and posting notices and sending statements of charges.
- Requires the seizing agency to provide the owner of the animal with the opportunity for a postseizure hearing to determine the validity of the seizure.
- Requires the seizing agency to post notice of postseizure hearing rights where the animal was seized, or personally deliver notice of postseizure hearing rights personally to the owner.
- Specifies that in order to receive a post seizure hearing the owner must request the hearing within 10 days of notice.
- Requires the seizing agency to present the owner with a statement listing all accrued charges, as provided, either at the postseizure hearing, or by personal service, first class mail, or electronic mail, as specified.
- Requires the seizing agency to provide notice that the animal will be deemed abandoned if charges are not paid within 14 days of service of notice of charges, and that the payment of fees does not guarantee the release of the animal, but does allow the owner to retain an ownership interest in the animal.
- Requires the impounding agency to continue to send notices of additional charges for care of the animals, at the discretion of the agency, not less than 14, and not to exceed 21 days from the last statement.
- Requires that if the animal was seized pursuant to a search warrant that the court that issued or adjudicated the warrant, give its express approval prior to the release of the animal to the owner.
- Allows for a preseizure hearing when the need for immediate seizure of the animal is not present.
- Provides the same requirements for notice of monetary charges and abandonment if the animal is seized after a preseizure hearing.
- Requires the prosecutor’s office to inform the seizing agency if they decide not to file criminal charges based on conduct related to the impoundment of the animal.
- States that the animal will be released to the owner if a decision has been made not to file criminal charges and the animal has not otherwise been deemed abandoned.
EXISTING LAW:
- States that ever person who willfully abandons any animal is guilty of a misdemeanor. (Penal Code § 597s.)
- Provides that any peace officer, humane society officer, or animal control officer shall take possession of a stray or abandoned animal and shall provide care and treatment for the animal until the animal is deemed to be in suitable condition to be returned to the owner. (Penal Code § 597.1, subd. (a).)
- Specifies that when the officer has reasonable grounds to believe that very prompt action is required to protect the health and safety of the stray or abandoned animal, or others the officer shall immediately seize the animal. (Penal Code § 597.1, subd. (a).)
- States that the owner of a seized animal is liable for the full cost of caring and treating the animal, that these costs will be considered a lien on the animal, and that the animal will not be returned until the charges are paid, if the seizure is upheld. (Penal Code § 597.1, subd. (a) and (b).)
- Requires any peace officer, humane society officer, or animal control officer to take all injured cats and dogs found without their owners in a public place to a veterinarian who ordinarily treats dogs and cats for a determination of whether the animal shall be immediately and humanely destroyed or shall be hospitalized under proper care and given emergency treatment. (Penal Code § 597.1, subd. (c)(1).)
- Specifies that if the owner does not redeem the dog or cat that has been seized, as specified, within the locally prescribed waiting period, the veterinarian may personally perform euthanasia on the animal, or if the animal is treated and recovers from its injuries, the veterinarian may keep the animal for purposes of adoption, provided the responsible animal control agency has first been contacted and has refused to take possession of the animal. (Penal Code § 597.1, subd. (c)(2).)
- States that if the veterinarian provides medical treatment to a dog or cat that has been seized, as specified, the full costs the full cost of caring for and treating that animal shall constitute a lien on the animal and the animal shall not be returned to the owner until the charges are paid. (Penal Code § 597.1, subd. (c)(4).)
- Provides that any peace officer, humane society officer, or any animal control officer may, with the approval of his or her immediate superior, humanely destroy any stray or abandoned animal in the field in any case where the animal is too severely injured to move or where a veterinarian is not available and it would be more humane to euthanize the animal. (Penal Code § 597.1, subd. (e).)
- States that whenever an officer seizes an animal as specified, the officer shall, prior to the commencement of any criminal proceedings, provide the owner or keeper of the animal, if known or ascertainable after reasonable investigation, with the opportunity for a postseizure hearing to determine the validity of the seizure or impoundment, or both. (Penal Code § 597.1, subd. (f).)
- Sets forth the notice requirements for animal-seizure hearings. (Penal Code § 597.1, subd. (f) and (g).)
- Specifies that in order to receive a postseizure hearing, the owner or person authorized to keep the animal, or his or her agent, must request the hearing by signing and returning a declaration of ownership or right to keep the animal to the agency providing the notice within 10 days, including weekends and holidays, of the date of the notice. (Penal Code § 597.1, subd. (f)(1)(D).)
- Requires the postseizure hearing be conducted within 48 hours of the request, excluding weekends and holidays. (Penal Code § 597.1, subd. (f)(2).)
- States that failure of the owner or keeper, or of his or her agent, to request or to attend a scheduled hearing shall result in a forfeiture of any right to a postseizure hearing or right to challenge his or her liability for costs incurred. (Penal Code § 597.1, subd. (f)(3).)
- Specifies that if it is determined in the postseizure hearing that the seizing officer did not have reasonable grounds seize the animal, the agency that seized the animal shall be responsible for the costs incurred for caring and treating the animal. (Penal Code § 597.1, subd. (f)(4).)
- States that if it is determined the seizure was justified, the owner or keeper shall be personally liable to the seizing agency for the full cost of the seizure and care of the animal, and the costs for the seizure and care of the animal shall be a lien on the animal. (Penal Code § 597.1, subd. (f)(4).)
- Provides that an animal determined to be a legally seized animal shall not be returned to its owner until the charges are paid and the owner demonstrates to the satisfaction of the seizing agency or the hearing officer that the owner can and will provide the necessary care for the animal. (Penal Code § 597.1, subd. (f)(4).)
- Specifies that a preseizure hearing shall be conducted within 48 hours, excluding weekends and holidays, after receipt of the request. (Penal Code § 597.1, subd. (g)(2).)
- States that failure of the owner or keeper, or his or her agent, to request or to attend a scheduled preseizure hearing shall result in a forfeiture of any right to a preseizure hearing or right to challenge his or her liability for costs incurred pursuant to this section. (Penal Code § 597.1, subd. (g)(3).)
- States that the hearing officer, after the preseizure hearing, may affirm or deny the owner's or keeper's right to custody of the animal and, if reasonable grounds are established, may order the seizure or impoundment of the animal for care and treatment. (Penal Code § 597.1, subd. (g)(4).)
- Provides if the charges for the seizure, and any other permitted charges are not paid within 14 days of the seizure, or if the owner, within 14 days of notice of availability of the animal to be returned, fails to pay charges permitted under this section and take possession of the animal, the animal shall be deemed to have been abandoned and may be disposed of by the seizing agency. (Penal Code § 597.1, subd. (h).)
- States that if the animal requires veterinary care and the humane society or public agency is not assured, within 14 days of the seizure of the animal, that the owner will provide the necessary care, the animal shall not be returned to its owner and shall be deemed to have been abandoned and may be disposed of by the seizing agency. (Penal Code § 597.1, subd. (i).)
- Provides that a veterinarian may humanely destroy an impounded animal without regard to the prescribed holding period when it has been determined that the animal has incurred severe injuries or is incurably crippled. (Penal Code § 597.1, subd. (i).)
- States that in the case of cats and dogs, prior to the final disposition of any criminal charges, the seizing agency or prosecuting attorney may file a petition in a criminal action requesting that the court issue an order forfeiting the animal to the city, county, or seizing agency. (Penal Code § 597.1, subd. (k)(1).)
- Disallows the return of a seized animal to the owner until the seizing agency or hearing officer determines that the animal is physically fit or until the owner shows to the satisfaction of the hearing officer or seizing agency that the owner can and will provide necessary care. (Penal Code § 597.1, subd. (j).)
- States that person convicted of a violation of this section by causing or permitting an act of cruelty, as specified, shall be liable to the impounding officer for all costs of impoundment from the time of seizure to the time of proper disposition. (Pen. Code, § 597, subd. (g).)
FISCAL EFFECT:
Unknown
COMMENTS:
- Author's Statement: According to the author, "This bill is to clean up Penal Code 597.1, by clarifying the 14-day notice language and provide that all animals seized for alleged abuse are eligible for mandatory forfeiture after a court hearing. By making these changes we can help avoid any undue suffering to animals that are in shelters as well as avoid any unanticipated cost to the owner.”
- Procedures for Seizing Animals: An animal can be seized in several different ways. A peace officer, humane society officer, or animal control officer can seize a stray or abandoned animal if he or she has reasonable grounds to believe that prompt action is required to protect the health or safety of the animal or the health or safety of others. (Penal Code Section 597.1(a) and (b).) Authorities can also obtain a warrant upon a showing of probable cause, and then seize the animal pursuant to the warrant.
There is also an option to seize an animal after a hearing if animal control observes unsuitable conditions, but these conditions do not rise to the level of exigent circumstances (i.e., the need for immediate seizure is not present). Animal control can conduct a hearing prior to seizure of the animal and before criminal proceedings for animal abuse or neglect commence. (Penal Code Section 597.1(g).) In this situation, the owner must produce the animal at the time of the hearing, unless before the hearing he or she allowed the agency to view the animal or unless the owner can provide verification that the animal was already humanely destroyed. This hearing is referred to as a preseizure hearing. (Ibid.) Depending on the findings made at the preseizure hearing, the animal can be seized and held at that point. - Current Framework For Administrative Hearings In Animal Seizures: Under existing law, peace officers, humane society officers, or animal control officers must take possession of the stray or abandoned animal when the officer has reasonable grounds to believe that very prompt action is required to protect the health or safety of the animal. Once the animal is seized, it is taken to a veterinarian, shelter, or clinic to be treated and housed. Notice must be posted, or mailed, to give any owner an opportunity for a post seizure hearing. The owner must request a post seizure hearing within 10 calendar days from the date of notice, or loses the opportunity for a hearing. The purpose of the hearing is to determine if the seizure or impoundment of the animal was valid. If the seizure is upheld the owner is responsible for the costs of care and treatment of the animal. Those costs are lien against the animal.
If the owner fails to pay the costs of the seizure and animal care within 14 days of the seizure the animal shall be deemed abandoned and may be placed, or the seizing agency can make other arrangements for the animal.
Current law does not provide clear guidelines for the seizing agency to provide notice to the owner of the animal regarding payment of costs and when an animal is deemed abandoned by the owner. This bill provides such guidelines. - As Proposed to be Amended in Committee:
- Requires mandatory seizure of animals under specified circumstances involving animal neglect and safety. That mandatory language is consistent with existing law.
- Specifies that a seized animal is deemed abandoned and may be disposed of by the seizing agency if the monetary charges for seizure are not paid within 14 days of service of the notice of charges. This amendment provides consistency with the notice requirements added by this bill.
- Requires prosecutor’s office to inform the seizing agency if they decide not to file criminal charges based on conduct related to the impoundment of the animal.
- States that the animal will be released to the owner if a decision has been made not to file criminal charges and the animal has not otherwise been deemed abandoned.
- Requires mandatory seizure of animals under specified circumstances involving animal neglect and safety. That mandatory language is consistent with existing law.
- Argument in Support: According to The State Humane Association of California, “AB 2278 will make major improvements to Penal Code Section 597.1. This is a section of code that animal shelters rely on to deal with animal cruelty and neglect and what transpires as a result of seizing animals found in those circumstances. However, in the course of executing their duties as proscribed in this statute, it has become more and more apparent that this section of code is both difficult to interpret and implement.
“The proposed changes are not meant to undermine or redirect the statute’s original purpose. Rather they will clarify the rights and responsibilities of both owners and agencies when an animal is seized for abuse or neglect. This will help to avoid undue animal suffering, financial loss to the shelter, and unanticipated financial burden on the owner. Moreover, the proposed changes will ensure that all animals – not just cats and dogs – are subject to the mandatory forfeiture provisions. These improvements in the statute will enable animal shelters to do a better job of protecting abused animals and giving them a chance at a new life.” - Prior Legislation:
- SB 1500 (Lieu), Chapter 598, Statutes of 2012, allows pre-conviction forfeiture of an individual’s seized animals in animal abuse and neglect cases.
- AB 243 (Nava), of the 2009-10 Legislative Session, sought to establish a period prohibiting animal ownership after a misdemeanor or felony conviction of animal abuse. AB 243 was vetoed.
- SB 318 (Calderon), Chapter 302, Statutes of 2009, provided for the forfeiture of any property interest that was either acquired through the commission of dogfighting, or used to promote, further or facilitate dogfighting.
- SB 1500 (Lieu), Chapter 598, Statutes of 2012, allows pre-conviction forfeiture of an individual’s seized animals in animal abuse and neglect cases.
REGISTERED SUPPORT / OPPOSITION:
Support
State Humane Association of California (Sponsor)
Beagle Freedom Project
California Police Chiefs Association
Peace Officers Research Association of California
Opposition
None
Analysis Prepared by:
Bill Author
Bill Co-Author(s):