BILL ANALYSIS                                                                                                                                                                                                    



                                                                       



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                              UNFINISHED BUSINESS


          Bill No:  SB 353
          Author:   Kuehl (D), et al
          Amended:  6/7/07
          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

           SENATE FLOOR  :  31-7, 5/17/07
          AYES:  Aanestad, Alquist, Calderon, Cedillo, Corbett,  
            Correa, Cox, Ducheny, Dutton, Florez, Kehoe, Kuehl,  
            Lowenthal, Machado, Maldonado, McClintock, Migden,  
            Negrete McLeod, Padilla, Perata, Ridley-Thomas, Romero,  
            Runner, Scott, Simitian, Steinberg, Torlakson, Vincent,  
            Wiggins, Wyland, Yee
          NOES:  Ackerman, Ashburn, Battin, Cogdill, Denham, Harman,  
            Margett
          NO VOTE RECORDED:  Hollingsworth, Oropeza

           ASSEMBLY FLOOR  :  77-1, 7/12/07 - See last page for vote


           SUBJECT  :    Domestic Violence Protective Orders:  Animals

          SOURCE  :     Author


           DIGEST  :    This bill allows a court, upon a showing of good  
                                                           CONTINUED





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          cause, to include in a protective order a grant to the  
          petitioner the care, possession, 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.

           Assembly amendments  (1) made a technical/grammatical  
          change; (2) added co-authors.

           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  
          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  







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          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

           SUPPORT  :   (Verified  7/13/07)

          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 Commission on the Status of Women
          California District Attorneys Association
          California Federation for Animal Legislation
          California National Organization for Women 
          California Partnership to End Domestic Violence
          California Peace Officers' Association
          California Police Chiefs Association
          California Veterinary Medical Association
          Century 21 Carole - Uptown
          County of San Diego
          Doris Day Animal League
          Humane Society of the United States
          Los Angeles County District Attorneys Office
          PATH - Protecting Animals through Temporary Housing
          PAWS Pets are Wonderful Support
          Rancho Coastal Humane Society
          San Diego Humane Society and SPCA
          San Francisco District Attorney's Office







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          SPCA-Los Angeles
          State Humane Association of California
          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,  
          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."


           ASSEMBLY FLOOR  : 
          AYES:  Adams, Aghazarian, Arambula, Bass, Beall, Benoit,  
            Berg, Berryhill, Blakeslee, Brownley, Caballero, Carter,  
            Cook, Coto, Davis, De La Torre, De Leon, DeSaulnier,  
            DeVore, Duvall, Dymally, Emmerson, Eng, Evans, Feuer,  
            Fuentes, Fuller, Gaines, Galgiani, Garcia, Garrick,  
            Hancock, Hayashi, Hernandez, Horton, Houston, Huff,  
            Huffman, Jones, Karnette, Keene, Krekorian, La Malfa,  
            Laird, Leno, Levine, Lieber, Lieu, Ma, Maze, Mendoza,  







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            Mullin, Nakanishi, Nava, Niello, Parra, Plescia,  
            Portantino, Price, Richardson, Sharon Runner, Ruskin,  
            Salas, Saldana, Silva, Smyth, Solorio, Soto, Spitzer,  
            Strickland, Swanson, Torrico, Tran, Villines, Walters,  
            Wolk, Nunez
          NOES:  Anderson
          NO VOTE RECORDED:  Charles Calderon, Jeffries


          RJB:do  7/13/07   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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