BILL ANALYSIS Ó AB 1117 Page 1 ASSEMBLY THIRD READING AB 1117 (Smyth) As Amended May 27, 2011 Majority vote PUBLIC SAFETY 6-0 APPROPRIATIONS 16-1 ----------------------------------------------------------------- |Ayes:|Ammiano, Knight, Cedillo, |Ayes:|Fuentes, Harkey, | | |Hagman, Hill, Skinner | |Blumenfield, Bradford, | | | | |Charles Calderon, Campos, | | | | |Davis, Donnelly, Gatto, | | | | |Hall, Hill, Lara, | | | | |Nielsen, Norby, Solorio, | | | |Nays:|Wagner | | | | | | | | | |Mitchell | ----------------------------------------------------------------- SUMMARY : Makes changes to penalties in animal abuse and neglect cases as well as in animal seizure proceedings. Specifically, this bill : 1)Specifies that the owner of an animal seized pursuant to a search warrant shall be liable for the costs of caring for and treating the animal and that these costs will be a lien on the animal which must be paid before the animal is returned. 2)Specifies that the owner of an animal seized pursuant to a search warrant shall be liable for the costs of seizing the animal. 3)Provides that an animal seized pursuant to a warrant shall not be returned to the owner until it is determined that the animal is physically fit or until it is shown that the owner can and will provide necessary care. 4)Allows the court, to order the convicted person to immediately deliver all animals in his or her possession to a public entity to be put up for adoption, or alternatively, to provide proof that he or she no longer possesses any animal. 5)Requires the court, in the event of acquittal or dismissal of the case, to release any seized animals to the defendant upon AB 1117 Page 2 showing proof of ownership. 6)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 conviction, owns, possesses, maintain, has custody of, resides with or cares for any animal is guilty of a public offense, punishable by a fine of $1,000. 7)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 a fine of $1,000. 8)Creates an exception for the animal-ownership injunction for livestock owners who can establish that the restriction would result in substantial or undue economic hardship to the defendant's livelihood and that the defendant has the ability to properly care for all livestock in his or her possession. 9)Allows a defendant to petition the court to reduce the duration of the ownership prohibition if the defendant can establish that he or she: a) does not present a danger to animals; b) has the ability to properly care for all animals possessed; and, c) successful completion of all court-ordered classes or counseling. 10)Gives the court discretion, in the event the length of the mandatory ownership prohibition is reduced, to order that the defendant comply with reasonable and unannounced inspections by animal control or law enforcement. FISCAL EFFECT : According to the Assembly Appropriations Committee, unknown, likely minor local revenue increase as a result of additional fines. COMMENTS : According to the author, "Animal abuse is a pervasive problem that continues to impact animals, law enforcement, and animal shelters throughout the state. This bill seeks to prevent future instances of animal abuse and seeks to assist local animal control agencies in their efforts to serve abused animals. To meet this goal the bill outlines two simple AB 1117 Page 3 solutions to problems associated with animal abuse and the restrictive nature of the hearing process associated with animal abuse cases. "First, this bill will mandate that misdemeanor and felony animal abuse convictions result in probation terms that prohibit animal ownership for 5 or 10 years, respectively. The increased restriction on ownership post-conviction will assist in protecting animals against abuse. "Second, this bill will streamline the hearing process for animal abuse cases, allowing prosecuting attorneys to petition to sever ownership rights to abused animals. This will allow animal control agencies or shelters to effectively serve abused animals in cases where is unlikely, or not possible, that the afflicted animals would be returned to their abusive owner." Please see the policy committee for a full discussion of this bill. Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744 FN: 0001070