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