Amended in Assembly April 1, 2013

Amended in Assembly March 18, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 343

Introduced by Assembly Member Patterson

(Coauthors: Assembly Members Achadjian, Bigelow, begin insert Chávez, end insert Dahle, begin insert Logue, end insert and Maienschein)

(Coauthor: Senator Nielsen)

February 13, 2013

An act to add Chapter 9 (commencing with Section 17200) to Part 1 of Division 9 of the Food and Agricultural Code, relating to animals.

LEGISLATIVE COUNSEL’S DIGEST

AB 343, as amended, Patterson. Animal cruelty: duty to report.

Existing law establishes a variety of offenses relating to cruelty to animals.

Existing law generally provides that a person that violates certain animal at-large provisions is guilty of a misdemeanor and upon conviction is required to be punished by a fine of not less than $100 nor more than $1,000, by imprisonment of not less than 10 days nor more than 1 year, or by both the fine and imprisonment, as prescribed.

This bill would require any person who willfully or knowingly photographs, records, or videotapes animal cruelty to provide a copy of the photograph, recording, or videotape to local law enforcement within 48 hours of taking the photograph, recording, or videotape, and would begin insert make a violation of this requirement an infraction punishable by a fine of $250. The bill would end insert encourage the person to provide a copy of the photograph, recording, or videotape to the owner of the animal or poultry, or a representative of the owner. begin delete This end delete begin insert The end insert bill would define animal cruelty for its purposes as any act involving an animal, as defined, or poultry, as defined, described in prescribed criminal offenses.

Because a violation of the requirement to provide a copy of the photograph, recording, or videotape to local law enforcement, as prescribed, would be begin delete a misdemeanor end delete begin insert an infraction end insert , this bill would impose a state-mandated local program by creating a new crime.

The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Chapter 9 (commencing with Section 17200) is
added to Part 1 of Division 9 of the Food and Agricultural Code,
to read:

 

Chapter  9. Duty to Report Animal Cruelty

 

17200.  

(a) Any person who willfully or knowingly
photographs, records, or videotapes animal cruelty shall provide
a copy of the photograph, recording, or videotape to local law
enforcement within 48 hours of taking the photograph, recording,
or videotape. begin insert A violation of this subdivision shall be an infraction
punishable by a fine of two hundred fifty dollars ($250). end insert

begin insert

(b) Retaliation against an employee for providing a copy of a
photograph, recording, or videotape of animal cruelty as required
by subdivision (a) is prohibited as provided in Section 1102.5 of
the Labor Code.

end insert begin delete

(b)

end delete

begin insert (c) end insert  Any person who willfully or knowingly photographs, records,
or videotapes animal cruelty is encouraged to provide a copy of
the photograph, recording, or videotape to the owner of the animal
or poultry, or a representative of the owner.

begin delete

(c)

end delete

begin insert (d) end insert  For purposes of this section, the following terms are defined
as follows:

(1) “Animal” has the meaning set forth in Section 16302.

(2) “Animal cruelty” means any act involving an animal or
poultry described in one or more of the following provisions:

(A) Subdivision (a), (b), or (c) of Section 597 of the Penal Code.

(B) Section 597a of the Penal Code.

(C) Section 597b of the Penal Code.

(D) Section 597c of the Penal Code.

(E) Section 597g of the Penal Code.

(F) Section 597h of the Penal Code.

(G) Section 597k of the Penal Code.

(H) Section 597n of the Penal Code.

(I) Section 597.1 of the Penal Code.

(3) “Poultry” has the meaning set forth in Section 18675.

SEC. 2.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of
the Government Code, or changes the definition of a crime within
the meaning of Section 6 of Article XIII B of the California
Constitution.