AB 2344: Animal abuse: forfeiture.

Existing law prohibits various acts of abuse toward animals, including, among others, inflicting unnecessary cruelty or abusing an animal in any manner, including, but not limited to, maliciously and intentionally maiming, mutilating, torturing, or wounding an animal.

This bill would, in a criminal case alleging a violation of specified animal abuse crimes, authorize specified entities to request that the prosecuting attorney file a petition requesting that, before final disposition, the court issue an order forfeiting the animal to the city, county, or seizing agency 30 days after a defendant fails to appear in court, as specified. The bill would additionally authorize those entities to request, and the court to issue, a forfeiture petition within 3 days after a defendant fails to appear in court a 2nd or subsequent time. The bill would additionally, if the defendant is granted diversion for those crimes, authorize the prosecution to request an order from the court that the defendant be prohibited from owning, possessing, caring for, or residing with animals of any kind throughout the period of diversion, as specified. By increasing duties on local prosecutors, this bill would impose a state-mandated local program.

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.