BILL ANALYSIS
------------------------------------------------------------
|SENATE RULES COMMITTEE | SB 353|
|Office of Senate Floor Analyses | |
|1020 N Street, Suite 524 | |
|(916) 651-1520 Fax: (916) | |
|327-4478 | |
------------------------------------------------------------
THIRD READING
Bill No: SB 353
Author: Kuehl (D)
Amended: 4/10/07
Vote: 21
SENATE JUDICIARY COMMITTEE : 3-1, 3/27/07
AYES: Corbett, Kuehl, Steinberg
NOES: Ackerman
NO VOTE RECORDED: Harman
SENATE APPROPRIATIONS COMMITTEE : Senate Rule 28.8
SUBJECT : Domestic Violence Protective Orders: Animals
SOURCE : Author
DIGEST : This bill allows a court, upon a showing of good
cause, to include in a protective order a grant to the
petitioner the care, custody, or control over an animal in
a domestic violence protective order. This bill also
allows the court to order the respondent to stay away from
the animal, and forbid the respondent from abusing or
otherwise disposing of the animal.
ANALYSIS :
Existing law allows a court to issue a domestic violence
protective order enjoining a party from molesting,
attacking, striking, stalking, threatening, sexually
assaulting, battering, harassing, destroying personal
CONTINUED
SB 353
Page
2
property, and other specified behaviors. [Fam. Code
6218, 6320, 6340.] Existing law allows protective orders
to be issued ex parte, after notice and a hearing, or by a
judicial officer after assertions by a law enforcement
officer that the person is in immediate and present danger
of domestic violence. [Fam. Code 6250, 6320, 6340.]
Existing law allows a court to extend that order, upon a
showing of good cause, to other named family or household
members. [Fam. Code 6320.]
Existing law permits a court to issue an ex parte order
enjoining a party from specified behaviors, exclude them
from the family dwelling, determine temporary custody and
visitation of a minor child, and temporarily determine use,
possession or control of real or personal property,
provided certain requirements are met. [Fam. Code
6321-24.]
Existing law provides that a court with jurisdiction over a
criminal matter may issue a criminal protective order
pursuant to Family Code provisions governing domestic
violence protective orders. [Penal Code 136.2(a)(1).]
Existing law generally prohibits cruelty to animals.
[Penal Code 597 et seq.]
This bill allows a court, upon a showing of good cause, to
include in a domestic violence protective order a grant of
exclusive care, custody, or control of any animal owned,
possessed, leased, kept or held by either the petitioner,
respondent, or minor child residing in the residence. This
bill also allows the court to order the respondent to stay
away from the animal and forbid the taking, transferring,
encumbering, concealing, molesting, attacking, striking,
threatening, harming or otherwise disposing of the animal.
This bill requires the Judicial Council to modify the
applicable criminal and civil court forms to conform to
this bill by July 1, 2009.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
SB 353
Page
3
SUPPORT : (Verified 4/23/07)
American Federation of State, County and Municipal
Employees
American Society for the Prevention of Cruelty to Animals
Animal Protection Institute
Animal Switchboard
Association of Veterinarians for Animal Rights
BARC
California Animal Association
California District Attorneys Association
California Federation for Animal Legislation
California National Organization for Women
California Partnership to End Domestic Violence
California Peace Officers' Association
Century 21 Carole - Uptown
Doris Day Animal League
Humane Society of the United States
PATH - Protecting Animals through Temporary Housing
San Diego Humane Society and SPCA
San Francisco District Attorney's Office
SPCA-Los Angeles
State Humane Association of California
Rancho Coastal Humane Society
Theodore Insurance Agency Inc.
United Animal Nations
Ventura County District Attorney's Office
ARGUMENTS IN SUPPORT : According to the author's
office, [u]niversity studies, coupled with surveys of
domestic violence shelters and animal welfare
organizations, show that abusers often threaten, injure
or kill pets as a way of controlling others in the
family. Studies from across the country have found an
irrefutable link between domestic violence, child abuse
and animal cruelty.
Those studies, cited by the author's office, reported that
85 percent of women, and 63 percent of children, surveyed
entering the largest battered women's shelters discussed
incidents of pet abuse. An additional cited study reported
that 71 percent of women seeking shelter at a particular
safe house stated that their partner "threatened to hurt,
SB 353
Page
4
or killed their companion animals."
The American Society for the Prevention of Cruelty to
Animals (ASPCA), in support, contends that "[v]ictims of
domestic violence have overwhelmingly reported that their
pets are being threatened, harmed or killed by their abuser
as an aspect of the abuse perpetrated against them."
Furthermore, the California Animal Association (CAA) states
that this bill "will help prevent abusers from harming or
threatening to harm animals in order to exert power and
control over their human victims."
RJB:do 4/24/07 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
**** END ****