BILL NUMBER: SB 1806	CHAPTERED
	BILL TEXT

	CHAPTER  431
	FILED WITH SECRETARY OF STATE  SEPTEMBER 22, 2006
	APPROVED BY GOVERNOR  SEPTEMBER 22, 2006
	PASSED THE SENATE  AUGUST 22, 2006
	PASSED THE ASSEMBLY  AUGUST 14, 2006
	AMENDED IN ASSEMBLY  AUGUST 7, 2006
	AMENDED IN SENATE  APRIL 24, 2006
	AMENDED IN SENATE  APRIL 6, 2006
	AMENDED IN SENATE  MARCH 27, 2006

INTRODUCED BY   Senator Figueroa
   (Principal coauthor: Assembly Member Levine)

                        FEBRUARY 24, 2006

   An act to add Section 597.7 to the Penal Code, relating to
animals.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1806, Figueroa   Animals: abuse.
   Existing law provides that any person who subjects any animal to
needless suffering, or inflicts unnecessary cruelty upon an animal,
or in any manner abuses any animal or fails to provide an animal with
proper food, drink, or shelter or protection from the weather is
guilty of a crime punishable by a fine not exceeding $20,000,
imprisonment in a county jail, imprisonment in the state prison, or
both fine and imprisonment.
   This bill would state findings and declarations regarding the
consequences of leaving companion animals unattended inside closed
vehicles in the heat. This bill would provide that leaving or
confining an animal in any unattended motor vehicle under conditions
that endanger the health or well-being of an animal due to heat,
cold, lack of adequate ventilation, or lack of food or water, or
other circumstances that could reasonably be expected to cause
suffering, disability, or death to the animal is a crime punishable
by a fine, imprisonment in a county jail, or both fine and
imprisonment, as specified. Because this bill would create a new
crime, 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 no reimbursement is required by this
act for a specified reason.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  The Legislature finds and declares all of the
following:
   (a) Leaving companion animals unattended inside closed vehicles in
the heat, even for short periods of time, has caused severe injury
and death to animals.
   (b) Moderately warm temperatures outside can quickly lead to
deadly temperatures inside a closed car, for example, within one hour
an outside temperature of 72 degrees Fahrenheit can cause
unhealthful conditions inside a vehicle that can adversely affect the
health, safety, or well-being of an animal.
   (c) With the vehicle windows left slightly open, an outside
temperature of 85 degrees can cause a temperature of 102 degrees
inside a vehicle within 10 minutes, and 120 degrees within half of an
hour. A healthy dog, whose normal body temperature ranges from 101
to 102.5 degrees, can withstand a body temperature of 107 to 108 for
only a short time before suffering brain damage or death.
   (d) Numerous organizations and individuals have worked to educate
pet owners of the dangers of leaving animals unattended in vehicles
in the heat, however, it is well established that educational
approaches by themselves do not improve safety behavior. To be
effective, educational approaches must be integrated with enforcement
activities.
   (e) It is, therefore, the intent of the Legislature to improve
animal health and safety by both encouraging continued public
education as well as discouraging this activity by imposing a penalty
upon persons who leave or confine an animal in an unattended motor
vehicle.
  SEC. 2.  Section 597.7 is added to the Penal Code, to read
   597.7.  (a) No person shall leave or confine an animal in any
unattended motor vehicle under conditions that endanger the health or
well-being of an animal due to heat, cold, lack of adequate
ventilation, or lack of food or water, or other circumstances that
could reasonably be expected to cause suffering, disability, or death
to the animal.
   (b) Unless the animal suffers great bodily injury, a first
conviction for violation of this section is punishable by a fine not
exceeding one hundred dollars ($100) per animal. If the animal
suffers great bodily injury, a violation of this section is
punishable by a fine not exceeding five hundred dollars ($500),
imprisonment in a county jail not exceeding six months, or by both a
fine and imprisonment. Any subsequent violation of this section,
regardless of injury to the animal, is also punishable by a fine not
exceeding five hundred dollars ($500), imprisonment in a county jail
not exceeding six months, or by both a fine and imprisonment.
   (c) (1) Nothing in this section shall prevent a peace officer,
humane officer, or an animal control officer from removing an animal
from a motor vehicle if the animal's safety appears to be in
immediate danger from heat, cold, lack of adequate ventilation, lack
of food or water, or other circumstances that could reasonably be
expected to cause suffering, disability, or death to the animal.
   (2) A peace officer, humane officer, or animal control officer who
removes an animal from a motor vehicle shall take it to an animal
shelter or other place of safekeeping or, if the officer deems
necessary, to a veterinary hospital for treatment.
   (3) A peace officer, humane officer, or animal control officer is
authorized to take all steps that are reasonably necessary for the
removal of an animal from a motor vehicle, including, but not limited
to, breaking into the motor vehicle, after a reasonable effort to
locate the owner or other person responsible.
   (4) A peace officer, humane officer, or animal control officer who
removes an animal from a motor vehicle shall, in a secure and
conspicuous location on or within the motor vehicle, leave written
notice bearing his or her name and office, and the address of the
location where the animal can be claimed. The animal may be claimed
by the owner only after payment of all charges that have accrued for
the maintenance, care, medical treatment, or impoundment of the
animal.
   (5) This section does not affect in any way existing liabilities
or immunities in current law, or create any new immunities or
liabilities.
   (d) Nothing in this section shall preclude prosecution under both
this section and Section 597 or any other provision of law, including
city or county ordinances.
   (e) Nothing in this section shall be deemed to prohibit the
transportation of horses, cattle, pigs, sheep, poultry or other
agricultural animals in motor vehicles designed to transport such
animals for agricultural purposes.
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.