BILL ANALYSIS Ó
AB 1117
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CONCURRENCE IN SENATE AMENDMENTS
AB 1117 (Smyth)
As Amended August 17, 2011
Majority vote
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|ASSEMBLY: |71-0 |(June 2, 2011) |SENATE: |37-0 |(August 22, |
| | | | | |2011) |
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Original Committee Reference: PUB. S.
SUMMARY : Makes it an infraction punishable by a fine for a
person convicted of animal abuse to possess an animal for either
five or ten years following conviction.
The Senate amendments :
1)Revise the provision allowing the court to order the convicted
person to forfeit all animals, to allowing the court to order,
as a condition of probation that the probationer be prohibited
from owning, possessing, caring for, or residing with animals,
and to require the probationer to deliver the animals to be
put up for adoption.
2)Double joint this bill with AB 1279 (Fletcher).
AS PASSED BY THE ASSEMBLY , this bill made changes to penalties
in animal abuse and neglect cases as well as in animal seizure
proceedings. Specifically, this bill :
1)Specified 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)Specified that the owner of an animal seized pursuant to a
search warrant shall be liable for the costs of seizing the
animal.
3)Provided 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.
AB 1117
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4)Allowed 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)Required the court, in the event of acquittal or dismissal of
the case, to release any seized animals to the defendant upon
showing proof of ownership.
6)Provided 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, maintains, has custody of, resides with or cares
for any animal is guilty of a public offense, punishable by a
fine of $1,000.
7)Provided 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)Created 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)Allowed 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)Gave 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 Senate Appropriations
Committee, pursuant to Senate Rule 28. 8, negligible state
costs.
AB 1117
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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
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 analysis for a full discussion
of this bill.
Analysis Prepared by : Sandy Uribe / PUB. S. / (916) 319-3744
FN: 0001989