BILL NUMBER: AB 670 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 10, 2007
INTRODUCED BY Assembly Member Spitzer
( Coauthor: Assembly Member
Maze )
FEBRUARY 21, 2007
An act to add Section 398 to the Penal Code, relating to animals.
LEGISLATIVE COUNSEL'S DIGEST
AB 670, as amended, Spitzer. Animals: bites: owner information.
Existing law makes it a misdemeanor or a felony for a person
owning or having custody or control of a mischievous animal to
negligently allow the animal to cause serious bodily injury to
another person, as specified.
This bill would require a person who owns or has custody or
control of an animal to immediately provide identifying information
to another person when the person knows, or has reason to know, the
animal bit the other person, as specified. Failure to provide the
required information would be a misdemeanor, punishable by
imprisonment in the county jail not exceeding 6 months
an infraction, punishable by a fine of not more than $250 .
Because this bill would create a crime, it 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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 398 is added to the Penal Code, to read:
398. (a) Whenever a person owning or having custody or control of
an animal, knows, or has reason to know, that the animal bit another
person, he or she shall immediately provide the other person with
his or her name, address, telephone number, and the name and
breed license tag number of the animal who bit
the other person. If the animal is required by law to be vaccinated
against rabies, the person owning or having custody or control of the
animal shall, within 48 hours of the bite, provide the other person
with information regarding the status of the animal's vaccinations.
Violation of this section is a misdemeanor, punishable by
imprisonment in the county jail not exceeding six months.
section is an infraction punishable by a fine of not more than
two hundred fifty dollars ($250).
(b) For purposes of this section, it is not
necessary for the skin of the person be broken or punctured by the
animal for the contact to be classified as a bite.
SEC. 2. 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.