BILL NUMBER: SB 1162	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  AUGUST 22, 2012
	AMENDED IN SENATE  JUNE 13, 2012
	AMENDED IN SENATE  MAY 21, 2012
	AMENDED IN SENATE  MAY 1, 2012

INTRODUCED BY   Senator Runner
   (Coauthors: Assembly Members Donnelly and Knight)

                        FEBRUARY 22, 2012

   An act to amend Section 597.1 of the Penal Code, relating to
animal control, and declaring the urgency thereof, to take effect
immediately.



	LEGISLATIVE COUNSEL'S DIGEST


   SB 1162, as amended, Runner. Animal control: tranquilizers.
   Existing law authorizes any peace officer, humane society officer,
or animal control officer to take possession of a stray or abandoned
animal and to provide care and treatment for the animal until the
animal is deemed to be in suitable condition to be returned to the
animal's owner.
   Existing law regulates the distribution of controlled substances,
as defined. Among other things, these provisions authorize certain
practitioners, including a physician or a veterinarian, or the
authorized agent of that practitioner in the presence of the
practitioner, to administer controlled substances.
   This bill would authorize an animal control officer or humane
officer to possess and administer a tranquilizer that contains a
controlled substance to a wild, stray, or abandoned animal, as
specified, with  direct or  indirect supervision as
determined by a licensed veterinarian, provided that the officer
meets prescribed training and other requirements. 
   This bill would incorporate additional changes in Section 597.1 of
the Penal Code proposed in SB 1500, that would become operative only
if SB 1500 and this bill are both chaptered and become effective on
or before January 1, 2013, and this bill is chaptered last. 
   This bill would declare that it is to take effect immediately as
an urgency statute.
   Vote: 2/3. Appropriation: no. Fiscal committee: yes.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 597.1 of the Penal Code is amended to read:
   597.1.  (a) (1) Every owner, driver, or keeper of any animal who
permits the animal to be in any building, enclosure, lane, street,
square, or lot of any city, county, city and county, or judicial
district without proper care and attention is guilty of a
misdemeanor. Any peace officer, humane society officer, or animal
control officer shall take possession of the stray or abandoned
animal and shall provide care and treatment for the animal until the
animal is deemed to be in suitable condition to be returned to the
owner. When the officer has reasonable grounds to believe that very
prompt action is required to protect the health or safety of the
animal or the health or safety of others, the officer shall
immediately seize the animal and comply with subdivision (f). In all
other cases, the officer shall comply with the provisions of
subdivision (g). The cost of caring for and treating any animal
properly seized under this subdivision or pursuant to a search
warrant shall constitute a lien on the animal and the animal shall
not be returned to its owner until the charges are paid, if the
seizure is upheld pursuant to this section.
   (2) Notwithstanding any other law, if an animal control officer or
humane officer, when necessary to protect the health and safety of a
wild, stray, or abandoned animal or the health and safety of others,
seeks to administer a tranquilizer that contains a controlled
substance, as defined in Division 10 (commencing with Section 11000)
of the Health and Safety Code, to gain control of that animal, he or
she may possess and administer that tranquilizer with direct or
indirect supervision as determined by a licensed veterinarian,
provided that the officer has met each of the following requirements:

   (A) Has received training in the administration of tranquilizers
from a licensed veterinarian. The training shall be approved by the
California Veterinary Medical Board.
   (B) Has successfully completed the firearms component of a course
relating to the exercise of police powers, as set forth in Section
832.
   (C) Is authorized by his or her agency or organization to possess
and administer the tranquilizer in accordance with a policy
established by the agency or organization and approved by the
veterinarian who obtained the controlled substance.
   (D) Has successfully completed the euthanasia training set forth
in Section 2039 of Title 16 of the California Code of Regulations.
   (E) Has completed a state and federal fingerprinting background
check and does not have any drug- or alcohol-related convictions.
   (b) Every sick, disabled, infirm, or crippled animal, except a dog
or cat, that is abandoned in any city, county, city and county, or
judicial district may be killed by the officer if, after a reasonable
search, no owner of the animal can be found. It shall be the duty of
all peace officers, humane society officers, and animal control
officers to cause the animal to be killed or rehabilitated and placed
in a suitable home on information that the animal is stray or
abandoned. The officer may likewise take charge of any animal,
including a dog or cat, that by reason of lameness, sickness,
feebleness, or neglect, is unfit for the labor it is performing, or
that in any other manner is being cruelly treated, and provide care
and treatment for the animal until it is deemed to be in a suitable
condition to be returned to the owner. When the officer has
reasonable grounds to believe that very prompt action is required to
protect the health or safety of an animal or the health or safety of
others, the officer shall immediately seize the animal and comply
with subdivision (f). In all other cases, the officer shall comply
with subdivision (g). The cost of caring for and treating any animal
properly seized under this subdivision or pursuant to a search
warrant shall constitute a lien on the animal and the animal shall
not be returned to its owner until the charges are paid.
   (c) (1) Any peace officer, humane society officer, or animal
control officer shall convey all injured cats and dogs found without
their owners in a public place directly to a veterinarian known by
the officer to be a veterinarian who ordinarily treats dogs and cats
for a determination of whether the animal shall be immediately and
humanely destroyed or shall be hospitalized under proper care and
given emergency treatment.
   (2) If the owner does not redeem the animal within the locally
prescribed waiting period, the veterinarian may personally perform
euthanasia on the animal. If the animal is treated and recovers from
its injuries, the veterinarian may keep the animal for purposes of
adoption, provided the responsible animal control agency has first
been contacted and has refused to take possession of the animal.
   (3) Whenever any animal is transferred to a veterinarian in a
clinic, such as an emergency clinic that is not in continuous
operation, the veterinarian may, in turn, transfer the animal to an
appropriate facility.
   (4) If the veterinarian determines that the animal shall be
hospitalized under proper care and given emergency treatment, the
costs of any services that are provided pending the owner's inquiry
to the responsible agency, department, or society shall be paid from
the dog license fees, fines, and fees for impounding dogs in the
city, county, or city and county in which the animal was licensed or,
if the animal is unlicensed, shall be paid by the jurisdiction in
which the animal was found, subject to the provision that this cost
be repaid by the animal's owner. The cost of caring for and treating
any animal seized under this subdivision shall constitute a lien on
the animal and the animal shall not be returned to the owner until
the charges are paid. No veterinarian shall be criminally or civilly
liable for any decision that he or she makes or for services that he
or she provides pursuant to this subdivision.
   (d) An animal control agency that takes possession of an animal
pursuant to subdivision (c) shall keep records of the whereabouts of
the animal from the time of possession to the end of the animal's
impoundment, and those records shall be available for inspection by
the public upon request for three years after the date the animal's
impoundment ended.
   (e) Notwithstanding any other provision of this section, any peace
officer, humane society officer, or any animal control officer may,
with the approval of his or her immediate superior, humanely destroy
any stray or abandoned animal in the field in any case where the
animal is too severely injured to move or where a veterinarian is not
available and it would be more humane to dispose of the animal.
   (f) Whenever an officer authorized under this section seizes or
impounds an animal based on a reasonable belief that prompt action is
required to protect the health or safety of the animal or the health
or safety of others, the officer shall, prior to the commencement of
any criminal proceedings authorized by this section, provide the
owner or keeper of the animal, if known or ascertainable after
reasonable investigation, with the opportunity for a postseizure
hearing to determine the validity of the seizure or impoundment, or
both.
   (1) The agency shall cause a notice to be affixed to a conspicuous
place where the animal was situated or personally deliver a notice
of the seizure or impoundment, or both, to the owner or keeper within
48 hours, excluding weekends and holidays. The notice shall include
all of the following:
   (A) The name, business address, and telephone number of the
officer providing the notice.
   (B) A description of the animal seized, including any
identification upon the animal.
   (C) The authority and purpose for the seizure  , 
or impoundment, including the time, place, and circumstances under
which the animal was seized.
   (D) A statement that, in order to receive a postseizure hearing,
the owner or person authorized to keep the animal, or his or her
agent, shall request the hearing by signing and returning an enclosed
declaration of ownership or right to keep the animal to the agency
providing the notice within 10 days, including weekends and holidays,
of the date of the notice. The declaration may be returned by
personal delivery or mail.
   (E) A statement that the cost of caring for and treating any
animal properly seized under this section is a lien on the animal and
that the animal shall not be returned to the owner until the charges
are paid, and that failure to request or to attend a scheduled
hearing shall result in liability for this cost.
   (2) The postseizure hearing shall be conducted within 48 hours of
the request, excluding weekends and holidays. The seizing agency may
authorize its own officer or employee to conduct the hearing if the
hearing officer is not the same person who directed the seizure or
impoundment of the animal and is not junior in rank to that person.
The agency may utilize the services of a hearing officer from outside
the agency for the purposes of complying with this section.
   (3) Failure of the owner or keeper, or of his or her agent, to
request or to attend a scheduled hearing shall result in a forfeiture
of any right to a postseizure hearing or right to challenge his or
her liability for costs incurred.
   (4) The agency, department, or society employing the person who
directed the seizure shall be responsible for the costs incurred for
caring and treating the animal, if it is determined in the
postseizure hearing that the seizing officer did not have reasonable
grounds to believe very prompt action, including seizure of the
animal, was required to protect the health or safety of the animal or
the health or safety of others. If it is determined the seizure was
justified, the owner or keeper shall be personally liable to the
seizing agency for the cost of the seizure and care of the animal,
the charges for the seizure and care of the animal shall be a lien on
the animal, and the animal shall not be returned to its owner until
the charges are paid and the seizing agency or hearing officer has
determined that the animal is physically fit or the owner
demonstrates to the seizing agency's or the hearing officer's
satisfaction that the owner can and will provide the necessary care.
   (g) Where the need for immediate seizure is not present and prior
to the commencement of any criminal proceedings authorized by this
section, the agency shall provide the owner or keeper of the animal,
if known or ascertainable after reasonable investigation, with the
opportunity for a hearing prior to any seizure or impoundment of the
animal. The owner shall produce the animal at the time of the hearing
unless, prior to the hearing, the owner has made arrangements with
the agency to view the animal upon request of the agency, or unless
the owner can provide verification that the animal was humanely
destroyed. Any person who willfully fails to produce the animal or
provide the verification is guilty of an infraction, punishable by a
fine of not less than two hundred fifty dollars ($250) nor more than
one thousand dollars ($1,000).
   (1) The agency shall cause a notice to be affixed to a conspicuous
place where the animal was situated or personally deliver a notice
stating the grounds for believing the animal should be seized under
subdivision (a) or (b). The notice shall include all of the
following:
   (A) The name, business address, and telephone number of the
officer providing the notice.
   (B) A description of the animal to be seized, including any
identification upon the animal.
   (C) The authority and purpose for the possible seizure or
impoundment.
   (D) A statement that, in order to receive a hearing prior to any
seizure, the owner or person authorized to keep the animal, or his or
her agent, shall request the hearing by signing and returning the
enclosed declaration of ownership or right to keep the animal to the
officer providing the notice within two days, excluding weekends and
holidays, of the date of the notice.
   (E) A statement that the cost of caring for and treating any
animal properly seized under this section is a lien on the animal,
that any animal seized shall not be returned to the owner until the
charges are paid, and that failure to request or to attend a
scheduled hearing shall result in a conclusive determination that the
animal may properly be seized and that the owner shall be liable for
the charges.
   (2) The preseizure hearing shall be conducted within 48 hours,
excluding weekends and holidays, after receipt of the request. The
seizing agency may authorize its own officer or employee to conduct
the hearing if the hearing officer is not the same person who
requests the seizure or impoundment of the animal and is not junior
in rank to that person. The agency may utilize the services of a
hearing officer from outside the agency for the purposes of complying
with this section.
   (3) Failure of the owner or keeper, or his or her agent, to
request or to attend a scheduled hearing shall result in a forfeiture
of any right to a preseizure hearing or right to challenge his or
her liability for costs incurred pursuant to this section.
   (4) The hearing officer, after the hearing, may affirm or deny the
owner's or keeper's right to custody of the animal and, if
reasonable grounds are established, may order the seizure or
impoundment of the animal for care and treatment.
   (h) If any animal is properly seized under this section or
pursuant to a search warrant, the owner or keeper shall be personally
liable to the seizing agency for the cost of the seizure and care of
the animal. Furthermore, if the charges for the seizure or
impoundment and any other charges permitted under this section are
not paid within 14 days of the seizure, or, if the owner, within 14
days of notice of availability of the animal to be returned, fails to
pay charges permitted under this section and take possession of the
animal, the animal shall be deemed to have been abandoned and may be
disposed of by the impounding officer.
   (i) If the animal requires veterinary care and the humane society
or public agency is not assured, within 14 days of the seizure of the
animal, that the owner will provide the necessary care, the animal
shall not be returned to its owner and shall be deemed to have been
abandoned and may be disposed of by the impounding officer. A
veterinarian may humanely destroy an impounded animal without regard
to the prescribed holding period when it has been determined that the
animal has incurred severe injuries or is incurably crippled. A
veterinarian also may immediately humanely destroy an impounded
animal afflicted with a serious contagious disease unless the owner
or his or her agent immediately authorizes treatment of the animal by
a veterinarian at the expense of the owner or agent.
   (j) No animal properly seized under this section or pursuant to a
search warrant shall be returned to its owner until, in the
determination of the seizing agency or hearing officer, the animal is
physically fit or the owner can demonstrate to the seizing agency's
or hearing officer's satisfaction that the owner can and will provide
the necessary care.
   (k) (1) Upon the conviction of a person charged with a violation
of this section, or Section 597 or 597a, 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. A person convicted of a violation of this
section shall be personally liable to the seizing agency for all
costs of impoundment from the time of seizure to the time of proper
disposition. Upon conviction, the court shall order the convicted
person to make payment to the appropriate public entity for the costs
incurred in the housing, care, feeding, and treatment of the seized
or impounded animals. Each person convicted in connection with a
particular animal may be held jointly and severally liable for
restitution for that particular animal. The payment shall be in
addition to any other fine or sentence ordered by the court.
   (2) The court may also order, as a condition of probation, that
the convicted person be prohibited from owning, possessing, caring
for, or residing 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. In the event of the
acquittal or final discharge without conviction of the arrested
person, the court shall, on demand, direct the release of seized or
impounded animals upon a showing of proof of ownership.
   (3) Any questions regarding ownership shall be determined in a
separate hearing by the court where the criminal case was finally
adjudicated and the court shall hear testimony from any persons who
may assist the court in determining ownership of the animal. If the
owner is determined to be unknown or the owner is prohibited or
unable to retain possession of the animals for any reason, the court
shall order the animals to be released to the appropriate public
entity for adoption or other lawful disposition. This section is not
intended to cause the release of any animal, bird, reptile,
amphibian, or fish seized or impounded pursuant to any other statute,
ordinance, or municipal regulation. This section shall not prohibit
the seizure or impoundment of animals as evidence as provided for
under any other provision of law.
   (l) It shall be the duty of all peace officers, humane society
officers, and animal control officers to use all currently acceptable
methods of identification, both electronic and otherwise, to
determine the lawful owner or caretaker of any seized or impounded
animal. It shall also be their duty to make reasonable efforts to
notify the owner or caretaker of the whereabouts of the animal and
any procedures available for the lawful recovery of the animal and,
upon the owner's and caretaker's initiation of recovery procedures,
retain custody of the animal for a reasonable period of time to allow
for completion of the recovery process. Efforts to locate or contact
the owner or caretaker and communications with persons claiming to
be the owner or caretaker shall be recorded and maintained and be
made available for public inspection.
   SEC. 1.5.    Section 597.1 of the   Penal
Code   is amended to read: 
   597.1.  (a)  (1)   Every owner, driver, or
keeper of any animal who permits the animal to be in any building,
enclosure, lane, street, square, or lot of any city, county, city and
county, or judicial district without proper care and attention is
guilty of a misdemeanor. Any peace officer, humane society officer,
or animal control officer shall take possession of the stray or
abandoned animal and shall provide care and treatment for the animal
until the animal is deemed to be in suitable condition to be returned
to the owner. When the officer has reasonable grounds to believe
that very prompt action is required to protect the health or safety
of the animal or the health or safety of others, the officer shall
immediately seize the animal and comply with subdivision (f). In all
other cases, the officer shall comply with the provisions of
subdivision (g). The  full  cost of caring for and treating
any animal properly seized under this subdivision or pursuant to a
search warrant shall constitute a lien on the animal and the animal
shall not be returned to its owner until the charges are paid, if the
seizure is upheld pursuant to this section. 
   (2) Notwithstanding any other law, if an animal control officer or
humane officer, when necessary to protect the health and safety of a
wild, stray, or abandoned animal or the health and safety of others,
seeks to administer a tranquilizer that contains a controlled
substance, as defined in Division 10 (commencing with Section 11000)
of the Health and Safety Code, to gain control of that animal, he or
she may possess and administer that tranquilizer with direct or
indirect supervision as determined by a licensed veterinarian,
provided that the officer has met each of the following requirements:
 
   (A) Has received training in the administration of tranquilizers
from a licensed veterinarian. The training shall be approved by the
California Veterinary Medical Board.  
   (B) Has successfully completed the firearms component of a course
relating to the exercise of police powers, as set forth in Section
832.  
   (C) Is authorized by his or her agency or organization to possess
and administer the tranquilizer in accordance with a policy
established by the agency or organization and approved by the
veterinarian who obtained the controlled substance.  
   (D) Has successfully completed the euthanasia training set forth
in Section 2039 of Title 16 of the California Code of Regulations.
 
   (E) Has completed a state and federal fingerprinting background
check and does not have any drug- or alcohol-related convictions.

   (b) Every sick, disabled, infirm, or crippled animal, except a dog
or cat, that is abandoned in any city, county, city and county, or
judicial district may be killed by the officer if, after a reasonable
search, no owner of the animal can be found. It shall be the duty of
all peace officers, humane society officers, and animal control
officers to cause the animal to be killed or rehabilitated and placed
in a suitable home on information that the animal is stray or
abandoned. The officer may likewise take charge of any animal,
including a dog or cat, that by reason of lameness, sickness,
feebleness, or neglect, is unfit for the labor it is performing, or
that in any other manner is being cruelly treated, and provide care
and treatment for the animal until it is deemed to be in a suitable
condition to be returned to the owner. When the officer has
reasonable grounds to believe that very prompt action is required to
protect the health or safety of an animal or the health or safety of
others, the officer shall immediately seize the animal and comply
with subdivision (f). In all other cases, the officer shall comply
with subdivision (g). The  full  cost of caring for and
treating any animal properly seized under this subdivision or
pursuant to a search warrant shall constitute a lien on the animal
and the animal shall not be returned to its owner until the charges
are paid.
   (c) (1) Any peace officer, humane society officer, or animal
control officer shall convey all injured cats and dogs found without
their owners in a public place directly to a veterinarian known by
the officer to be a veterinarian who ordinarily treats dogs and cats
for a determination of whether the animal shall be immediately and
humanely destroyed or shall be hospitalized under proper care and
given emergency treatment.
   (2) If the owner does not redeem the animal within the locally
prescribed waiting period, the veterinarian may personally perform
euthanasia on the animal. If the animal is treated and recovers from
its injuries, the veterinarian may keep the animal for purposes of
adoption, provided the responsible animal control agency has first
been contacted and has refused to take possession of the animal.
   (3) Whenever any animal is transferred to a veterinarian in a
clinic, such as an emergency clinic that is not in continuous
operation, the veterinarian may, in turn, transfer the animal to an
appropriate facility.
   (4) If the veterinarian determines that the animal shall be
hospitalized under proper care and given emergency treatment, the
costs of any services that are provided pending the owner's inquiry
to the responsible agency, department, or society shall be paid from
the dog license fees, fines, and fees for impounding dogs in the
city, county, or city and county in which the animal was licensed or,
if the animal is unlicensed, shall be paid by the jurisdiction in
which the animal was found, subject to the provision that this cost
be repaid by the animal's owner. The  full  cost of caring
for and treating any animal seized under this subdivision shall
constitute a lien on the animal and the animal shall not be returned
to the owner until the charges are paid. No veterinarian shall be
criminally or civilly liable for any decision that he or she makes or
for services that he or she provides pursuant to this subdivision.
   (d) An animal control agency that takes possession of an animal
pursuant to subdivision (c) shall keep records of the whereabouts of
the animal from the time of possession to the end of the animal's
impoundment, and those records shall be available for inspection by
the public upon request for three years after the date the animal's
impoundment ended.
   (e) Notwithstanding any other provision of this section, any peace
officer, humane society officer, or any animal control officer may,
with the approval of his or her immediate superior, humanely destroy
any stray or abandoned animal in the field in any case where the
animal is too severely injured to move or where a veterinarian is not
available and it would be more humane to  dispose of
  euthanize  the animal.
   (f) Whenever an officer authorized under this section seizes or
impounds an animal based on a reasonable belief that prompt action is
required to protect the health or safety of the animal or the health
or safety of others, the officer shall, prior to the commencement of
any criminal proceedings authorized by this section, provide the
owner or keeper of the animal, if known or ascertainable after
reasonable investigation, with the opportunity for a postseizure
hearing to determine the validity of the seizure or impoundment, or
both.
   (1) The agency shall cause a notice to be affixed to a conspicuous
place where the animal was situated or personally deliver a notice
of the seizure or impoundment, or both, to the owner or keeper within
48 hours, excluding weekends and holidays. The notice shall include
all of the following:
   (A) The name, business address, and telephone number of the
officer providing the notice.
   (B) A description of the animal seized, including any
identification upon the animal.
   (C) The authority and purpose for the seizure  , 
or impoundment, including the time, place, and circumstances under
which the animal was seized.
                 (D) A statement that, in order to receive a
postseizure hearing, the owner or person authorized to keep the
animal, or his or her agent, shall request the hearing by signing and
returning an enclosed declaration of ownership or right to keep the
animal to the agency providing the notice within 10 days, including
weekends and holidays, of the date of the notice. The declaration may
be returned by personal delivery or mail.
   (E) A statement that the  full  cost of caring for and
treating any animal properly seized under this section is a lien on
the animal and that the animal shall not be returned to the owner
until the charges are paid, and that failure to request or to attend
a scheduled hearing shall result in liability for this cost.
   (2) The postseizure hearing shall be conducted within 48 hours of
the request, excluding weekends and holidays. The seizing agency may
authorize its own officer or employee to conduct the hearing if the
hearing officer is not the same person who directed the seizure or
impoundment of the animal and is not junior in rank to that person.
The agency may utilize the services of a hearing officer from outside
the agency for the purposes of complying with this section.
   (3) Failure of the owner or keeper, or of his or her agent, to
request or to attend a scheduled hearing shall result in a forfeiture
of any right to a postseizure hearing or right to challenge his or
her liability for costs incurred.
   (4) The agency, department, or society employing the person who
directed the seizure shall be responsible for the costs incurred for
caring and treating the animal, if it is determined in the
postseizure hearing that the seizing officer did not have reasonable
grounds to believe very prompt action, including seizure of the
animal, was required to protect the health or safety of the animal or
the health or safety of others. If it is determined the seizure was
justified, the owner or keeper shall be personally liable to the
seizing agency for the  full  cost of the seizure and care
of the  animal, the   animal. The  charges
for the seizure and care of the animal shall be a lien on the
 animal, and the   animal. The  animal
shall not be returned to its owner until the charges are paid and the
 seizing agency or hearing officer has determined that the
animal is physically fit or the  owner demonstrates to the
 seizing agency's   satisfaction of the seizing
agency  or the hearing  officer's satisfaction 
 officer  that the owner can and will provide the necessary
care  for the animal  .
   (g) Where the need for immediate seizure is not present and prior
to the commencement of any criminal proceedings authorized by this
section, the agency shall provide the owner or keeper of the animal,
if known or ascertainable after reasonable investigation, with the
opportunity for a hearing prior to any seizure or impoundment of the
animal. The owner shall produce the animal at the time of the hearing
unless, prior to the hearing, the owner has made arrangements with
the agency to view the animal upon request of the agency, or unless
the owner can provide verification that the animal was humanely
destroyed. Any person who willfully fails to produce the animal or
provide the verification is guilty of an infraction, punishable by a
fine of not less than two hundred fifty dollars ($250) nor more than
one thousand dollars ($1,000).
   (1) The agency shall cause a notice to be affixed to a conspicuous
place where the animal was situated or personally deliver a notice
stating the grounds for believing the animal should be seized under
subdivision (a) or (b). The notice shall include all of the
following:
   (A) The name, business address, and telephone number of the
officer providing the notice.
   (B) A description of the animal to be seized, including any
identification upon the animal.
   (C) The authority and purpose for the possible seizure or
impoundment.
   (D) A statement that, in order to receive a hearing prior to any
seizure, the owner or person authorized to keep the animal, or his or
her agent, shall request the hearing by signing and returning the
enclosed declaration of ownership or right to keep the animal to the
officer providing the notice within two days, excluding weekends and
holidays, of the date of the notice.
   (E) A statement that the cost of caring for and treating any
animal properly seized under this section is a lien on the animal,
that any animal seized shall not be returned to the owner until the
charges are paid, and that failure to request or to attend a
scheduled hearing shall result in a conclusive determination that the
animal may properly be seized and that the owner shall be liable for
the charges.
   (2) The preseizure hearing shall be conducted within 48 hours,
excluding weekends and holidays, after receipt of the request. The
seizing agency may authorize its own officer or employee to conduct
the hearing if the hearing officer is not the same person who
requests the seizure or impoundment of the animal and is not junior
in rank to that person. The agency may utilize the services of a
hearing officer from outside the agency for the purposes of complying
with this section.
   (3) Failure of the owner or keeper, or his or her agent, to
request or to attend a scheduled hearing shall result in a forfeiture
of any right to a preseizure hearing or right to challenge his or
her liability for costs incurred pursuant to this section.
   (4) The hearing officer, after the hearing, may affirm or deny the
owner's or keeper's right to custody of the animal and, if
reasonable grounds are established, may order the seizure or
impoundment of the animal for care and treatment.
   (h) If  any animal is properly seized under this section
or pursuant to a search warrant, the owner or keeper shall be
personally liable to the seizing agency for the cost of the seizure
and care of the animal. Furthermore,   any animal is
properly seized under this section or pursuant to a search warrant,
the owner or keeper shall be personally liable to the seizing agency
for the full cost of the seizure and care of the animal. Further,
 if the charges for the seizure or impoundment and any other
charges permitted under this section are not paid within 14 days of
the seizure,  or,   or  if the owner,
within 14 days of notice of availability of the animal to be
returned, fails to pay charges permitted under this section and take
possession of the animal, the animal shall be deemed to have been
abandoned and may be disposed of by the  impounding officer
  seizing agency  .
   (i) If the animal requires veterinary care and the humane society
or public agency is not assured, within 14 days of the seizure of the
animal, that the owner will provide the necessary care, the animal
shall not be returned to its owner and shall be deemed to have been
abandoned and may be disposed of by the  impounding officer
  seizing agency  . A veterinarian may humanely
destroy an impounded animal without regard to the prescribed holding
period when it has been determined that the animal has incurred
severe injuries or is incurably crippled. A veterinarian also may
immediately humanely destroy an impounded animal afflicted with a
serious contagious disease unless the owner or his or her agent
immediately authorizes treatment of the animal by a veterinarian at
the expense of the owner or agent.
   (j) No animal properly seized under this section or pursuant to a
search warrant shall be returned to its owner until  , in the
determination of the seizing agency or hearing officer, the animal
is physically fit or  the owner can demonstrate to the
 seizing agency's   satisfaction of the seizing
agency  or hearing  officer's satisfaction 
 officer  that the owner can and will provide the necessary
care  for the animal  . 
   (k) (1) In the case of cats and dogs, prior to the final
disposition of any criminal charges, the seizing agency or
prosecuting attorney may file a petition in a criminal action
requesting that, prior to that final disposition, the court issue an
order forfeiting the animal to the city, county, or seizing agency.
The petitioner shall serve a true copy of the petition upon the
defendant and the prosecuting attorney.  
   (2) Upon receipt of the petition, the court shall set a hearing on
the petition. The hearing shall be conducted within 14 days after
the filing of the petition, or as soon as practicable.  
   (3) The petitioner shall have the burden of establishing beyond a
reasonable doubt that, even in the event of an acquittal of the
criminal charges, the owner will not legally be permitted to retain
the animal in question. If the court finds that the petitioner has
met its burden, the court shall order the immediate forfeiture of the
animal as sought by the petition.  
   (4) Nothing in this subdivision is intended to authorize a seizing
agency or prosecuting attorney to file a petition to determine an
owner's ability to legally retain an animal pursuant to paragraph (3)
of subdivision (l) if a petition has previously been filed pursuant
to this subdivision.  
   (k) 
    (l)  (1) Upon the conviction of a person charged with a
violation of this section, or Section 597 or 597a, 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. A person convicted of a
violation of this section shall be personally liable to the seizing
agency for all costs of impoundment from the time of seizure to the
time of proper disposition. Upon conviction, the court shall order
the convicted person to make payment to the appropriate public entity
for the costs incurred in the housing, care, feeding, and treatment
of the seized or impounded animals. Each person convicted in
connection with a particular animal may be held jointly and severally
liable for restitution for that particular animal. The payment shall
be in addition to any other fine or sentence ordered by the court.
   (2) The court may also order, as a condition of probation, that
the convicted person be prohibited from owning, possessing, caring
for, or residing 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. In the event
of the acquittal or final discharge without conviction of the
 arrested person, the court   person charged, if
the animal is still impounded, the animal has not been previously
deemed abandoned pursuant to subdivision (h), and the court has not
ordered that the animal be forfeited pursuant to subdivision (k), the
court  shall, on demand, direct the release of seized or
impounded animals  to the defendant  upon a showing of proof
of ownership.
   (3) Any questions regarding ownership shall be determined in a
separate hearing by the court where the criminal case was finally
adjudicated and the court shall hear testimony from any persons who
may assist the court in determining ownership of the animal. If the
owner is determined to be unknown or the owner is prohibited or
unable to retain possession of the animals for any reason, the court
shall order the animals to be released to the appropriate public
entity for adoption or other lawful disposition. This section is not
intended to cause the release of any animal, bird, reptile,
amphibian, or fish seized or impounded pursuant to any other statute,
ordinance, or municipal regulation. This section shall not prohibit
the seizure or impoundment of animals as evidence as provided for
under any other provision of law. 
   (l) 
    (m)  It shall be the duty of all peace officers, humane
society officers, and animal control officers to use all currently
acceptable methods of identification, both electronic and otherwise,
to determine the lawful owner or caretaker of any seized or impounded
animal. It shall also be their duty to make reasonable efforts to
notify the owner or caretaker of the whereabouts of the animal and
any procedures available for the lawful recovery of the animal and,
upon the owner's and caretaker's initiation of recovery procedures,
retain custody of the animal for a reasonable period of time to allow
for completion of the recovery process. Efforts to locate or contact
the owner or caretaker and communications with persons claiming to
be the owner or caretaker shall be recorded and maintained and be
made available for public inspection.
   SEC. 2.    Section 105 of this bill incorporates
amendments to Section 597.1 of the Penal Code proposed by both this
bill and SB 1500. It shall only become operative if (1) both bills
are enacted and become effective on or before January 1, 2013, but
this bill becomes operative first, (2) each bill amends Section 597.1
of the Penal Code, and (3) this bill is enacted after SB 1500, in
which case Section 597.1 of the Penal Code, as amended by Section 1
of this bill, shall remain operative only until the operative date of
SB 1500, at which time Section 1.5 of this bill shall become
operative. 
   SEC. 2.   SEC. 3.   This act is an
urgency statute necessary for the immediate preservation of the
public peace, health, or safety within the meaning of Article IV of
the Constitution and shall go into immediate effect. The facts
constituting the necessity are:
   In order to protect the citizens of the state from wild, stray, or
abandoned animals at the earliest possible time, it is necessary
that this act take effect immediately.