BILL ANALYSIS AB 243 Page 1 ASSEMBLY THIRD READING AB 243 (Nava) As Amended May 26, 2009 Majority vote PUBLIC SAFETY 6-0 APPROPRIATIONS 13-1 ------------------------------------------------------------------ |Ayes:|Solorio, Hagman, |Ayes:|De Leon, Ammiano, Charles | | |Furutani, Hill, Ma, | |Calderon, Davis, Fuentes, | | |Skinner | |Hall, Harkey, | | | | |John A. Perez, Price, | | | | |Skinner, Solorio, Audra | | | | |Strickland, Torlakson | | | | | | |-----+--------------------------+-----+---------------------------| | | |Nays:|Nielsen | | | | | | ------------------------------------------------------------------ SUMMARY : Creates a misdemeanor for any person convicted of animal abuse who, thereafter, owns, possesses, maintains, has custody of, resides with, or cares for any animal within a specified period. Specifically, this bill : 1)Provides that any person who has been convicted of a misdemeanor violation of specified sections relating to animal cruelty and who, within five years of the conviction, owns, possesses, maintains, has custody of, resides with or cares for any animal is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year; by a fine of not more than $1,000; or by both that imprisonment and fine. 2)Provides that any person who has been convicted of a felony violation of specified sections relating to animal cruelty and who, within 10 years of the conviction owns, possesses, maintains, has custody of, resides with or cares for any animal is guilty of a public offense, punishable by imprisonment in a county jail not exceeding one year; by a fine of not more than $1,000; or by both that imprisonment and fine. 3)Allows a court in the interest of justice, to exempt a AB 243 Page 2 defendant from the provisions of this section if the defendant files a petition with the court requesting a hearing in which the defendant shall have the burden of establishing that: a) imposition of the provisions of the section would result in severe or undue economic hardship to the defendant's livelihood; and, b) the defendant has the ability to properly care for all animals in his or her possession. The petitioner shall serve a true copy of the petition upon the court and the prosecuting attorney 10 calendar days prior to the requested hearing. Upon petition from the defendant, the court shall set a hearing on the petition. The hearing shall be conducted within 30 days after the filing of the petition. EXISTING LAW : 1)Provides that upon the conviction of a person charged with a violation of animal abuse, all animals lawfully seized and impounded with respect to the violation shall be adjudged by the court to be forfeited and shall thereupon be transferred to the impounding officer or appropriate public entity for proper adoption or other disposition. The court may also order, as a condition of probation, that the convicted person be prohibited from owning, possessing, caring for, or having any contact with animals of any kind and require the convicted person to immediately deliver all animals in his or her possession to a designated public entity for adoption or other lawful disposition or provide proof to the court that the person no longer has possession, care, or control of any animals. 2)Creates a misdemeanor punishable by a maximum of one year in the county jail and a fine of not more than $20,000 to maim, mutilate, torture, or wound a living animal or maliciously or intentionally kill an animal. 3)States that every person having charge or custody of an animal who overdrives; overloads; overworks; tortures; torments; deprives of necessary sustenance, drink, or shelter; cruelly beats, mutilates, or cruelly kills; or causes or procures any animal to be so overdriven; overloaded; driven when overloaded; overworked; tortured; tormented; deprived of necessary sustenance, drink, shelter; or to be cruelly beaten, mutilated, or cruelly killed is, for every such offense, guilty of a crime punishable as an alternate AB 243 Page 3 misdemeanor/felony and by a fine of not more than $20,000. 4)Provides that any person who causes any animal to fight with another animal, or permits the same to be done on any property under his or her control, or aids or abets the fighting of any animal is present as a spectator is guilty of a misdemeanor, punishable by up to six months in the county jail; a by a fine not to exceed $1,000; or both. 5)Provides that any person who does any of the following is guilty of a felony and is punishable by imprisonment in a state prison for 16 months, 2 or 3 years; by a fine not to exceed $50,000; or by both such fine and imprisonment: a) Owns, possesses, keeps, or trains any dog, with the intent that the dog shall be engaged in an exhibition of fighting with another dog; b) For the amusement or gain, causes any dog to fight with another dog, or causes any dogs to injure each other; or, c) Permits any of the aforementioned acts in violation to be done on any premises under his or her charge or control, or aids or abets that act. FISCAL EFFECT : According to the Assembly Appropriations Committee, unknown, likely minor, nonreimbursable costs for local law enforcement and incarceration, offset to a degree by increased fine revenue. For a point of reference, 35 persons were committed to state prison over the past two years for felony animal cruelty. COMMENTS : According to the author, "Those who have neglected animals have demonstrated that they cannot be trusted to provide animals in their care with the basics required by law. In the case of overt cruelty, defendants convicted of purposely harming an animal have demonstrated that they are capable of violence toward an animal. And, in the case of animal fighting, those convicted of participating in dog or cockfighting have demonstrated a lack of regard for an animal's welfare and a lack of concern for the suffering that is associated with animal 'blood sports.' " "The recidivism rate of animal cruelty and neglect crimes is, AB 243 Page 4 according to most studies, virtually 100%. As with laws that prevent sex offenders from having contact with underage children, a law prohibiting abusers from contact with animals will separate offenders from potential new victims. "AB 243 will make it mandatory for a judge to prohibit a person convicted of specified animal-related crimes from owning or possessing, caring for, or having any contact with animals for a minimum period of time. This measure will also give a prosecutor the option of either asking that a defendant's probation be violated or filing a separate misdemeanor criminal charge for defendants who violate their 'no ownership' order. By requiring this order, there will be a dramatic reduction or elimination of repeated acts of animal cruelty and neglect in California." Please see the policy committee for a full discussion of this bill. Analysis Prepared by : Nicole J. Hanson / PUB. S. / (916) 319-3744 FN: 0000954