BILL ANALYSIS                                                                                                                                                                                                    



                                                                  SB 353
                                                                  Page  1

          Date of Hearing:   June 27, 2007

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mark Leno, Chair

                     SB 353 (Kuehl) - As Amended:  June 7, 2007 

          Policy Committee:                               
          JudiciaryVote:10-0

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No

           SUMMARY  

          This bill allows a court to protect an animal in a domestic  
          violence protective order. Specifically, this bill:

          1)Allows a court, upon a showing of good cause, to include in a  
            domestic violence protective order a grant of exclusive  
            control of any animal kept by a petitioner, respondent, or  
            minor child residing in the residence, and allows the court to  
            order the respondent to stay away from the animal.

          2)Requires the Judicial Council to conform applicable criminal  
            and civil court forms to the above by July 1, 2009.

           FISCAL EFFECT  

          Minor absorbable costs for the Judicial Council to modify forms.

           COMMENTS  

           Purpose  . To prevent continued abuse to victims of domestic  
          violence, current law allows victims to seek a restraining  
          order on the abuser. An order, granted by a court, may be  
          of varying duration depending on the circumstances.  
          Restraining orders generally cover the victim, but may be  
          extended to named family or household members, upon a  
          showing of good cause.  This bill seeks to also protect  
          animals by allowing a court to include them within a  
          domestic violence protective order. 

          According to the author, "University studies, coupled with  
          surveys of domestic violence shelters and animal welfare  








                                                                  SB 353
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          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. . . "

           
          Analysis Prepared by  :    Chuck Nicol / APPR. / (916) 319-2081