AB 829: Crime: animal abuse.

Existing law makes it a crime to maliciously and intentionally maim, mutilate, torture, wound, or kill a living animal. If a defendant is granted probation for a conviction of this offense, existing law requires the court to order the defendant to complete counseling designed to evaluate and treat behavior or conduct disorders.

This bill would delete the requirement that a defendant granted probation complete counseling and would, instead, require the court to order a defendant convicted of specified offenses, including the above-described offense, against animals and granted probation to successfully complete counseling designed to evaluate and treat behavior or conduct disorders. The bill would require the court to consider whether to order the defendant to undergo a mental health evaluation by an evaluator chosen by the court. Upon evaluation, if the evaluating mental health professional deems a higher level of treatment is necessary, the bill would require the defendant to complete such treatment as directed by the court. The bill would generally require the defendant to pay for counseling, the mental health evaluation, and subsequent treatment but would exempt a person who meets specified criteria from paying any costs and would otherwise authorize the court to establish a sliding fee schedule based on the defendants ability to pay. The bill would additionally make records related to this evaluation and treatment confidential, as specified.

By requiring local government to offer counseling as part of a defendants probation for a conviction of specified offenses, this bill would create a state-mandated local program.

Existing constitutional provisions require that a statute that limits the right of access to the meetings of public bodies or the writings of public officials and agencies be adopted with findings demonstrating the interest protected by the limitation and the need for protecting that interest.

This bill would make legislative findings to that effect.

The California Constitution provides for the Right to Truth-In-Evidence, which requires a ²/₃ vote of the Legislature to exclude any relevant evidence from any criminal proceeding, as specified.

By excluding relevant evidence from a criminal proceeding, this bill would require a ²/₃ vote of the Legislature.

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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.