BILL NUMBER: AB 670 AMENDED
AMENDED IN ASSEMBLY APRIL 30, 2007
AMENDED IN ASSEMBLY APRIL 10, 2007
INTRODUCED BY Assembly Member Spitzer
Coauthor: Assembly Member
Maze Coauthors: Assembly Members
Garrick and 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 an infraction, punishable by a fine of
not more than $250 $100 .
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
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 license
tag number of the animal who bit the other person. If the person
with custody or control of the animal at the time the bite occurs is
a minor, he or she shall instead provide identification or contact
information of an adult owner or responsible party. 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 an infraction punishable by a fine of not more than
two hundred fifty dollars ($250) one hundred
dollars ($100) .
(b) For purposes of this section, it is 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