California Legislature—2013–14 Regular Session

Assembly BillNo. 1045


Introduced by Assembly Member Blumenfield

February 22, 2013


An act to amend Section 4827 of the Business and Professions Code, to amend Sections 1834.6, 1834.7, 1846, and 1847 of the Civil Code, to amend Sections 17003, 31607, 31621, 31622, 32001, and 32003 of the Food and Agricultural Code, to amend Sections 121916 and 122322 of the Health and Safety Code, and to amend Sections 597, 597.1, 597.2, 597e, 597f, 597u, 597v, and 599e of the Penal Code, relating to animal shelters.

LEGISLATIVE COUNSEL’S DIGEST

AB 1045, as introduced, Blumenfield. Animal shelters.

Existing law governs the seizure, rescue, adoption, and euthanasia of abandoned and surrendered animals by animal shelters and rescue organizations.

This bill would make technical, nonsubstantive changes to those provisions by replacing references to a “pound” with references to an “animal shelter” and by replacing references to destroying an animal with references to humanely euthanizing the animal.

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

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

P1    1

SECTION 1.  

Section 4827 of the Business and Professions
2Code
is amended to read:

3

4827.  

Nothing in this chapter prohibits any person from:

P2    1(a) Practicing veterinary medicine as a bona fide owner of one’s
2own animals. This exemption applies to the following:

3(1) The owner’s bona fide employees.

4(2) Any person assisting the owner, provided that the practice
5is performed gratuitously.

6(b) Lay testing of poultry by the whole blood agglutination test.
7For purposes of this section, “poultry” means flocks of avian
8species maintained for food production, including, but not limited
9to, chickens, turkeys, and exotic fowl.

10(c) Making any determination as to the status of pregnancy,
11sterility, or infertility upon livestock, equine, or food animals at
12the time an animal is being inseminated, providing no charge is
13made for this determination.

14(d) Administering sodium pentobarbital for euthanasia of sick,
15injured, homeless, orbegin delete unwantedend deletebegin insert surrenderedend insert domestic pets or
16animals without the presence of a veterinarian when the person is
17an employee of an animal control shelter and its agencies or
18humane society and has received proper training in the
19administration of sodium pentobarbital for these purposes.

20

SEC. 2.  

Section 1834.6 of the Civil Code is amended to read:

21

1834.6.  

An abandoned animal, as described in Section 1834.5,
22shall not be used for scientific or any other type of experimentation,
23nor shall such an abandoned animal be turned over tobegin delete a poundend deletebegin insert an
24animal shelterend insert
or animal regulation department of a public agency.

25

SEC. 3.  

Section 1834.7 of the Civil Code is amended to read:

26

1834.7.  

(a) In anybegin delete poundend deletebegin insert animal shelterend insert or animal regulation
27department of a public or private agency where animals are turned
28over dead or alive to a biological supply facility or a research
29facility, a sign (measuring a minimum of 28 x 21 cm-- 11 x 812
30 inches --with lettering of a minimum of 3.2 cm high and 1.2 cm
31wide-- 114 x 12 inch --(91 point)) stating:

32“Animals Turned In To This Shelter May Be Used For Research
33Purposes or to Supply Blood, Tissue, or Other Biological
34Products”

35shall be posted in a place where it will be clearly visible to a
36majority of persons when turning animals over to the shelter. This
37statement shall also be included on owner surrender forms. The
38owner surrender forms shall also include the definition of
39“biological supply facility” contained in subdivision (c).

P3    1(b) For purposes of this section, “animal research facility”
2includes any laboratory, firm, association, corporation,
3copartnership, and educational institution.

4(c) For purposes of this section, “biological supply facility”
5includes any blood bank, laboratory, firm, association, corporation,
6copartnership, or educational institution that sells biological
7materials such as blood or animals, either alive or dead, to research
8facilities, educational institutions, or veterinarians.

9

SEC. 4.  

Section 1846 of the Civil Code is amended to read:

10

1846.  

(a) A gratuitous depositary must use, at least, slight care
11for the preservation of the thing deposited.

12(b) A gratuitous depositary of a living animal shall provide the
13animal with necessary and prompt veterinary care, adequate
14nutrition and water, and shelter, and shall treat it humanely and,
15if the animal has any identification, make reasonable attempts to
16notify the owner of the animal’s location. Any gratuitous depositary
17that does not have sufficient resources or desire to provide that
18care shall promptly turn the animal over to an appropriate care
19facility.

20(c) If the gratuitous depositary of a living animal is a public
21begin delete poundend deletebegin insert animal shelterend insert, shelter operated by a society for the
22prevention of cruelty to animals, or humane shelter, the depositary
23shall comply with all other requirements of the Food and
24Agricultural Code regarding the impounding of live animals.

25

SEC. 5.  

Section 1847 of the Civil Code is amended to read:

26

1847.  

The duties of a gratuitous depositary cease:

27(a) Upon restoration by the depositary of the thing deposited to
28its owner.

29(b) Upon reasonable notice given by the depositary to the owner
30to remove it, and the owner failing to do so within a reasonable
31time. But an involuntary depositary, under subdivision (b) of
32Section 1815, may not give notice until the emergency that gave
33rise to the deposit is past. This subdivision shall not apply to a
34publicbegin delete poundend deletebegin insert animal shelterend insert, a shelter operated by a society for
35the prevention of cruelty to animals, or a humane shelter. The duty
36to provide care, as required by Section 1846, continues until the
37publicbegin delete poundend delete or privatebegin delete shelterend deletebegin insert animal shelterend insert is lawfully relieved
38of responsibility for the animal.

39

SEC. 6.  

Section 17003 of the Food and Agricultural Code is
40amended to read:

P4    1

17003.  

(a) Except as provided in this section, this chapter does
2not affect any law, ordinance, or regulation regarding estrays, the
3begin delete poundkeeperend deletebegin insert shelter directorend insert, or otherbegin delete poundend deletebegin insert animal controlend insert
4 officer, or a public animal control agency or shelter within the
5limits of any city or county wherebegin delete suchend deletebegin insert thoseend insert laws, ordinances, or
6regulations are in force.

7(b) Upon the impounding of any bovine animal, horse, mule,
8or burro, thebegin delete poundkeeperend deletebegin insert shelter directorend insert, otherbegin delete poundend deletebegin insert animal
9controlend insert
officer, or public animal control agency or shelter shall
10immediately notify the secretary. Upon receipt of that notice, the
11secretary shall take possession of any bovine animal and shall
12dispose of it pursuant to this chapter.

13(c) Any city, county, or city and county that establishes or has
14established laws, ordinances, or regulations regarding estrays, may
15opt to follow those laws, ordinances, or regulations instead of this
16chapter in the handling of estrays that are not bovine animals in
17accordance with the applicable laws, ordinances, or regulations of
18the city, county, or city and county.

19(d) This section does not authorize any act that violates Section
20597 of the Penal Code.

21

SEC. 7.  

Section 31607 of the Food and Agricultural Code is
22amended to read:

23

31607.  

“Impounded” means taken into the custody of the public
24begin delete poundend deletebegin insert animal shelterend insert or animal control department or provider of
25animal control services to the city or county where the potentially
26dangerous or vicious dog is found.

27

SEC. 8.  

Section 31621 of the Food and Agricultural Code is
28amended to read:

29

31621.  

If an animal control officer or a law enforcement officer
30has investigated and determined that there exists probable cause
31to believe that a dog is potentially dangerous or vicious, the chief
32officer of the publicbegin delete poundend deletebegin insert animal shelterend insert or animal control
33department or his or her immediate supervisor or the head of the
34local law enforcement agency, or his or her designee, shall petition
35the superior court of the county wherein the dog is owned or kept
36for a hearing for the purpose of determining whether or not the
37dog in question should be declared potentially dangerous or vicious.
38A proceeding under this section is a limited civil case. A city or
39county may establish an administrative hearing procedure to hear
40and dispose of petitions filed pursuant to this chapter. Whenever
P5    1possible, any complaint received from a member of the public
2which serves as the evidentiary basis for the animal control officer
3or law enforcement officer to find probable cause shall be sworn
4to and verified by the complainant and shall be attached to the
5petition. The chief officer of the publicbegin delete poundend deletebegin insert animal shelterend insert or
6animal control department or head of the local law enforcement
7agency shall notify the owner or keeper of the dog that a hearing
8will be held by the superior court or the hearing entity, as the case
9may be, at which time he or she may present evidence as to why
10the dog should not be declared potentially dangerous or vicious.
11The owner or keeper of the dog shall be served with notice of the
12hearing and a copy of the petition, either personally or by first-class
13mail with return receipt requested. The hearing shall be held
14promptly within no less than five working days nor more than 10
15working days after service of notice upon the owner or keeper of
16the dog. The hearing shall be open to the public. The court may
17admit into evidence all relevant evidence, including incident reports
18and the affidavits of witnesses, limit the scope of discovery, and
19may shorten the time to produce records or witnesses. A jury shall
20not be available. The court may find, upon a preponderance of the
21evidence, that the dog is potentially dangerous or vicious and make
22other orders authorized by this chapter.

23

SEC. 9.  

Section 31622 of the Food and Agricultural Code is
24amended to read:

25

31622.  

(a) After the hearing conducted pursuant to Section
2631621, the owner or keeper of the dog shall be notified in writing
27of the determination and orders issued, either personally or by
28first-class mail postage prepaid by the court or hearing entity. If a
29determination is made that the dog is potentially dangerous or
30vicious, the owner or keeper shall comply with Article 3
31(commencing with Section 31641) in accordance with a time
32schedule established by the chief officer of the publicbegin delete poundend deletebegin insert animal
33shelterend insert
or animal control department or the head of the local law
34enforcement agency, but in no case more than 30 days after the
35date of the determination or 35 days if notice of the determination
36is mailed to the owner or keeper of the dog. If the petitioner or the
37owner or keeper of the dog contests the determination, he or she
38may, within five days of the receipt of the notice of determination,
39appeal the decision of the court or hearing entity of original
40jurisdiction. The fee for filing an appeal, payable to the clerk of
P6    1the court, is as provided in subdivision (b) of Section 70626 of the
2Government Code. If the original hearing held pursuant to Section
331621 was before a hearing entity other than a court of the
4jurisdiction, appeal shall be to the superior court. If the original
5hearing was held in the superior court, appeal shall be to the
6superior court before a judge other than the judge who originally
7heard the petition. The petitioner or the owner or keeper of the dog
8shall serve personally or by first-class mail, postage prepaid, notice
9of the appeal upon the other party.

10(b) The court hearing the appeal shall conduct a hearing de
11novo, without a jury, and make its own determination as to
12potential danger and viciousness and make other orders authorized
13by this chapter, based upon the evidence presented. The hearing
14shall be conducted in the same manner and within the time periods
15set forth in Section 31621 and subdivision (a). The court may admit
16all relevant evidence, including incident reports and the affidavits
17of witnesses, limit the scope of discovery, and may shorten the
18time to produce records or witnesses. The issue shall be decided
19upon the preponderance of the evidence. If the court rules the dog
20to be potentially dangerous or vicious, the court may establish a
21time schedule to ensure compliance with this chapter, but in no
22case more than 30 days subsequent to the date of the court’s
23determination or 35 days if the service of the judgment is by
24first-class mail.

25

SEC. 10.  

Section 32001 of the Food and Agricultural Code is
26amended to read:

27

32001.  

All publicbegin delete poundsend deletebegin insert animal sheltersend insert, shelters operated
28by societies for the prevention of cruelty to animals, and humane
29shelters, that contract to perform public animal control services,
30shall provide the owners of lost animals and those who find lost
31animals with all of the following:

32(a) Ability to list the animals they have lost or found on “Lost
33and Found” lists maintained by thebegin delete pound orend deletebegin insert animalend insert shelter.

34(b) Referrals to animals listed that may be the animals the
35owners or finders have lost or found.

36(c) The telephone numbers and addresses of otherbegin delete pounds andend delete
37begin insert animalend insert shelters in the same vicinity.

38(d) Advice as to means of publishing and disseminating
39information regarding lost animals.

P7    1(e) The telephone numbers and addresses of volunteer groups
2that may be of assistance in locating lost animals.

3The duties imposed by this section are mandatory duties for
4public entities for all purposes of the Government Code and for
5all private entities with which a public entity has contracted to
6perform those duties.

7

SEC. 11.  

Section 32003 of the Food and Agricultural Code is
8amended to read:

9

32003.  

All publicbegin delete poundsend delete and privatebegin insert animalend insert shelters shall
10keep accurate records on each animal taken up, medically treated,
11or impounded. The records shall include all of the following
12information and any other information required by the California
13Veterinary Medical Board:

14(a) The date the animal was taken up, medically treated,
15euthanized, or impounded.

16(b) The circumstances under which the animal was taken up,
17medically treated, euthanized, or impounded.

18(c) The names of the personnel who took up, medically treated,
19euthanized, or impounded the animal.

20(d) A description of any medical treatment provided to the
21animal and the name of the veterinarian of record.

22(e) The final disposition of the animal, including the name of
23the person who euthanized the animal or the name and address of
24the adopting party. These records shall be maintained for three
25years after the date the animal’s impoundment ends.

26

SEC. 12.  

Section 121916 of the Health and Safety Code is
27amended to read:

28

121916.  

(a)  Any person or owner of an attack, guard, or sentry
29dog that operates or maintains a business to sell, rent, or train an
30attack, guard, or sentry dog shall obtain a permit from the local
31public agency or private society orbegin delete poundend deletebegin insert animal shelterend insert
32 contracting with the local public agency for animal care or
33protection services.

34(b)  Each local agency shall adopt and implement a permit
35program for the administration of subdivision (a) by the local
36agency or private society orbegin delete poundend deletebegin insert animal shelterend insert contracting with
37the local public agency for animal care or protection services. A
38local agency may charge a fee for the issuance or renewal of a
39permit required under this section. The fee shall not exceed the
40actual costs for the implementation of the permit program.

P8    1(c)  For purposes of this section, “local public agency” means
2a city, county, or city and county.

3

SEC. 13.  

Section 122322 of the Health and Safety Code is
4amended to read:

5

122322.  

(a)  Any person violating any provision of this chapter
6shall be subject to a civil penalty of up to one thousand dollars
7($1,000) per violation. The action may be prosecuted in the name
8of the people of the State of California by the district attorney for
9the county where the violation occurred in the appropriate court
10or by the city attorney in the city where the violation occurred.

11(b)  Nothing in this chapter limits or authorizes any act or
12omission that violates Section 597 of the Penal Code.

13(c)  Nothing in this chapter shall authorize the seizure of an
14unweaned bird by a peace officer, officer of a humane society, or
15officer ofbegin delete a poundend deletebegin insert an animal shelterend insert or animal regulation
16department of a public agency.

17

SEC. 14.  

Section 597 of the Penal Code is amended to read:

18

597.  

(a) Except as provided in subdivision (c) of this section
19or Section 599c, every person who maliciously and intentionally
20maims, mutilates, tortures, or wounds a living animal, or
21maliciously and intentionally kills an animal, is guilty of a crime
22punishable pursuant to subdivision (d).

23(b) Except as otherwise provided in subdivision (a) or (c), every
24person who overdrives, overloads, drives when overloaded,
25overworks, tortures, torments, deprives of necessary sustenance,
26drink, or shelter, cruelly beats, mutilates, or cruelly kills any
27animal, or causes or procures any animal to be so overdriven,
28overloaded, driven when overloaded, overworked, tortured,
29tormented, deprived of necessary sustenance, drink, shelter, or to
30be cruelly beaten, mutilated, or cruelly killed; and whoever, having
31the charge or custody of any animal, either as owner or otherwise,
32subjects any animal to needless suffering, or inflicts unnecessary
33cruelty upon the animal, or in any manner abuses any animal, or
34fails to provide the animal with proper food, drink, or shelter or
35protection from the weather, or who drives, rides, or otherwise
36uses the animal when unfit for labor, is, for each offense, guilty
37of a crime punishable pursuant to subdivision (d).

38(c) Every person who maliciously and intentionally maims,
39mutilates, or tortures any mammal, bird, reptile, amphibian, or
P9    1fish, as described in subdivision (e), is guilty of a crime punishable
2pursuant to subdivision (d).

3(d)  A violation of subdivision (a), (b), or (c) is punishable as a
4felony by imprisonment pursuant to subdivision (h) of Section
51170, or by a fine of not more than twenty thousand dollars
6($20,000), or by both that fine and imprisonment, or alternatively,
7as a misdemeanor by imprisonment in a county jail for not more
8than one year, or by a fine of not more than twenty thousand dollars
9($20,000), or by both that fine and imprisonment.

10(e) Subdivision (c) applies to any mammal, bird, reptile,
11amphibian, or fish which is a creature described as follows:

12(1) Endangered species or threatened species as described in
13Chapter 1.5 (commencing with Section 2050) of Division 3 of the
14Fish and Game Code.

15(2) Fully protected birds described in Section 3511 of the Fish
16and Game Code.

17(3) Fully protected mammals described in Chapter 8
18(commencing with Section 4700) of Part 3 of Division 4 of the
19Fish and Game Code.

20(4) Fully protected reptiles and amphibians described in Chapter
212 (commencing with Section 5050) of Division 5 of the Fish and
22Game Code.

23(5) Fully protected fish as described in Section 5515 of the Fish
24and Game Code.

25This subdivision does not supersede or affect any provisions of
26law relating to taking of the described species, including, but not
27limited to, Section 12008 of the Fish and Game Code.

28(f) For the purposes of subdivision (c), each act of malicious
29and intentional maiming, mutilating, or torturing a separate
30specimen of a creature described in subdivision (e) is a separate
31offense. If any person is charged with a violation of subdivision
32(c), the proceedings shall be subject to Section 12157 of the Fish
33and Game Code.

34(g) (1) Upon the conviction of a person charged with a violation
35of this section by causing or permitting an act of cruelty, as defined
36in Section 599b, all animals lawfully seized and impounded with
37respect to the violation by a peace officer, officer of a humane
38society, or officer ofbegin delete a poundend deletebegin insert an animal shelterend insert or animal regulation
39department of a public agency shall be adjudged by the court to
40be forfeited and shall thereupon be awarded to the impounding
P10   1officer for proper disposition. A person convicted of a violation
2of this section by causing or permitting an act of cruelty, as defined
3in Section 599b, shall be liable to the impounding officer for all
4costs of impoundment from the time of seizure to the time of proper
5disposition.

6(2) Mandatory seizure or impoundment shall not apply to
7animals in properly conducted scientific experiments or
8investigations performed under the authority of the faculty of a
9regularly incorporated medical college or university of this state.

10(h) Notwithstanding any otherbegin delete provision ofend delete law, if a defendant
11is granted probation for a conviction under this section, the court
12shall order the defendant to pay for, and successfully complete,
13counseling, as determined by the court, designed to evaluate and
14treat behavior or conduct disorders. If the court finds that the
15defendant is financially unable to pay for that counseling, the court
16may develop a sliding fee schedule based upon the defendant’s
17ability to pay. An indigent defendant may negotiate a deferred
18payment schedule, but shall pay a nominal fee if the defendant has
19the ability to pay the nominal fee. County mental health
20departments or Medi-Cal shall be responsible for the costs of
21counseling required by this section only for those persons who
22meet the medical necessity criteria for mental health managed care
23pursuant to Section 1830.205 of Title 9 of the California Code of
24Regulations or the targeted population criteria specified in Section
255600.3 of the Welfare and Institutions Code. The counseling
26specified in this subdivision shall be in addition to any other terms
27and conditions of probation, including any term of imprisonment
28and any fine. This provision specifies a mandatory additional term
29of probation and is not to be utilized as an alternative in lieu of
30imprisonment pursuant to subdivision (h) of Section 1170 or county
31jail when that sentence is otherwise appropriate. If the court does
32not order custody as a condition of probation for a conviction under
33this section, the court shall specify on the court record the reason
34or reasons for not ordering custody. This subdivision shall not
35apply to cases involving police dogs or horses as described in
36Section 600.

37

SEC. 15.  

Section 597.1 of the Penal Code is amended to read:

38

597.1.  

(a) (1) Every owner, driver, or keeper of any animal
39who permits the animal to be in any building, enclosure, lane,
40street, square, or lot of any city, county, city and county, or judicial
P11   1district without proper care and attention is guilty of a
2misdemeanor. Any peace officer, humane society officer, or animal
3control officer shall take possession of the stray or abandoned
4animal and shall provide care and treatment for the animal until
5the animal is deemed to be in suitable condition to be returned to
6the owner. When the officer has reasonable grounds to believe that
7very prompt action is required to protect the health or safety of the
8animal or the health or safety of others, the officer shall
9immediately seize the animal and comply with subdivision (f). In
10all other cases, the officer shall comply with the provisions of
11subdivision (g). The full cost of caring for and treating any animal
12properly seized under this subdivision or pursuant to a search
13warrant shall constitute a lien on the animal and the animal shall
14not be returned to its owner until the charges are paid, if the seizure
15is upheld pursuant to this section.

16(2) Notwithstanding any other law, if an animal control officer
17or humane officer, when necessary to protect the health and safety
18of a wild, stray, or abandoned animal or the health and safety of
19others, seeks to administer a tranquilizer that contains a controlled
20substance, as defined in Division 10 (commencing with Section
2111000) of the Health and Safety Code, to gain control of that
22animal, he or she may possess and administer that tranquilizer with
23direct or indirect supervision as determined by a licensed
24veterinarian, provided that the officer has met each of the following
25requirements:

26(A) Has received training in the administration of tranquilizers
27from a licensed veterinarian. The training shall be approved by
28the California Veterinary Medical Board.

29(B) Has successfully completed the firearms component of a
30course relating to the exercise of police powers, as set forth in
31Section 832.

32(C) Is authorized by his or her agency or organization to possess
33and administer the tranquilizer in accordance with a policy
34established by the agency or organization and approved by the
35veterinarian who obtained the controlled substance.

36(D) Has successfully completed the euthanasia training set forth
37in Section 2039 of Title 16 of the California Code of Regulations.

38(E) Has completed a state and federal fingerprinting background
39check and does not have any drug- or alcohol-related convictions.

P12   1(b) Every sick, disabled, infirm, or crippled animal, except a
2dog or cat, that is abandoned in any city, county, city and county,
3or judicial district may bebegin delete killedend deletebegin insert humanely euthanizedend insert by the officer
4if, after a reasonable search, no owner of the animal can be found.
5It shall be the duty of all peace officers, humane society officers,
6and animal control officers to cause the animal to bebegin delete killedend delete
7begin insert humanely euthanizedend insert or rehabilitated and placed in a suitable home
8on information that the animal is stray or abandoned. The officer
9may likewise take charge of any animal, including a dog or cat,
10that by reason of lameness, sickness, feebleness, or neglect, is unfit
11for the labor it is performing, or that in any other manner is being
12cruelly treated, and provide care and treatment for the animal until
13it is deemed to be in a suitable condition to be returned to the
14owner. When the officer has reasonable grounds to believe that
15very prompt action is required to protect the health or safety of an
16animal or the health or safety of others, the officer shall
17immediately seize the animal and comply with subdivision (f). In
18all other cases, the officer shall comply with subdivision (g). The
19full cost of caring for and treating any animal properly seized under
20this subdivision or pursuant to a search warrant shall constitute a
21lien on the animal and the animal shall not be returned to its owner
22until the charges are paid.

23(c) (1) Any peace officer, humane society officer, or animal
24control officer shall convey all injured cats and dogs found without
25their owners in a public place directly to a veterinarian known by
26the officer to be a veterinarian who ordinarily treats dogs and cats
27for a determination of whether the animal shall be immediately
28and humanelybegin delete destroyedend deletebegin insert euthanizedend insert or shall be hospitalized under
29proper care and given emergency treatment.

30(2) If the owner does not redeem the animal within the locally
31prescribed waiting period, the veterinarian may personally perform
32euthanasia on the animal. If the animal is treated and recovers from
33its injuries, the veterinarian may keep the animal for purposes of
34adoption, provided the responsible animal control agency has first
35been contacted and has refused to take possession of the animal.

36(3) Whenever any animal is transferred to a veterinarian in a
37clinic, such as an emergency clinic that is not in continuous
38operation, the veterinarian may, in turn, transfer the animal to an
39appropriate facility.

P13   1(4) If the veterinarian determines that the animal shall be
2hospitalized under proper care and given emergency treatment,
3the costs of any services that are provided pending the owner’s
4inquiry to the responsible agency, department, or society shall be
5paid from the dog license fees, fines, and fees for impounding dogs
6in the city, county, or city and county in which the animal was
7licensed or, if the animal is unlicensed, shall be paid by the
8jurisdiction in which the animal was found, subject to the provision
9that this cost be repaid by the animal’s owner. The full cost of
10caring for and treating any animal seized under this subdivision
11shall constitute a lien on the animal and the animal shall not be
12returned to the owner until the charges are paid. No veterinarian
13shall be criminally or civilly liable for any decision that he or she
14makes or for services that he or she provides pursuant to this
15subdivision.

16(d) An animal control agency that takes possession of an animal
17pursuant to subdivision (c) shall keep records of the whereabouts
18of the animal from the time of possession to the end of the animal’s
19impoundment, and those records shall be available for inspection
20by the public upon request for three years after the date the animal’s
21impoundment ended.

22(e) Notwithstanding any other provision of this section, any
23peace officer, humane society officer, or any animal control officer
24may, with the approval of his or her immediate superior, humanely
25begin delete destroyend deletebegin insert euthanizeend insert any stray or abandoned animal in the field in
26any case where the animal is too severely injured to move or where
27a veterinarian is not available and it would be more humane to
28euthanize the animal.

29(f) Whenever an officer authorized under this section seizes or
30impounds an animal based on a reasonable belief that prompt action
31is required to protect the health or safety of the animal or the health
32or safety of others, the officer shall, prior to the commencement
33of any criminal proceedings authorized by this section, provide
34the owner or keeper of the animal, if known or ascertainable after
35reasonable investigation, with the opportunity for a postseizure
36hearing to determine the validity of the seizure or impoundment,
37 or both.

38(1) The agency shall cause a notice to be affixed to a
39conspicuous place where the animal was situated or personally
40deliver a notice of the seizure or impoundment, or both, to the
P14   1owner or keeper within 48 hours, excluding weekends and holidays.
2The notice shall include all of the following:

3(A) The name, business address, and telephone number of the
4officer providing the notice.

5(B) A description of the animal seized, including any
6identification upon the animal.

7(C) The authority and purpose for the seizure or impoundment,
8including the time, place, and circumstances under which the
9animal was seized.

10(D) A statement that, in order to receive a postseizure hearing,
11the owner or person authorized to keep the animal, or his or her
12agent, shall request the hearing by signing and returning an
13enclosed declaration of ownership or right to keep the animal to
14the agency providing the notice within 10 days, including weekends
15and holidays, of the date of the notice. The declaration may be
16returned by personal delivery or mail.

17(E) A statement that the full cost of caring for and treating any
18animal properly seized under this section is a lien on the animal
19and that the animal shall not be returned to the owner until the
20charges are paid, and that failure to request or to attend a scheduled
21hearing shall result in liability for this cost.

22(2) The postseizure hearing shall be conducted within 48 hours
23of the request, excluding weekends and holidays. The seizing
24agency may authorize its own officer or employee to conduct the
25hearing if the hearing officer is not the same person who directed
26the seizure or impoundment of the animal and is not junior in rank
27to that person. The agency may utilize the services of a hearing
28officer from outside the agency for the purposes of complying with
29this section.

30(3) Failure of the owner or keeper, or of his or her agent, to
31request or to attend a scheduled hearing shall result in a forfeiture
32of any right to a postseizure hearing or right to challenge his or
33her liability for costs incurred.

34(4) The agency, department, or society employing the person
35who directed the seizure shall be responsible for the costs incurred
36for caring and treating the animal, if it is determined in the
37postseizure hearing that the seizing officer did not have reasonable
38grounds to believe very prompt action, including seizure of the
39animal, was required to protect the health or safety of the animal
40or the health or safety of others. If it is determined the seizure was
P15   1justified, the owner or keeper shall be personally liable to the
2seizing agency for the full cost of the seizure and care of the
3animal. The charges for the seizure and care of the animal shall
4be a lien on the animal. The animal shall not be returned to its
5owner until the charges are paid and the owner demonstrates to
6the satisfaction of the seizing agency or the hearing officer that
7the owner can and will provide the necessary care for the animal.

8(g) Where the need for immediate seizure is not present and
9prior to the commencement of any criminal proceedings authorized
10by this section, the agency shall provide the owner or keeper of
11the animal, if known or ascertainable after reasonable investigation,
12with the opportunity for a hearing prior to any seizure or
13impoundment of the animal. The owner shall produce the animal
14at the time of the hearing unless, prior to the hearing, the owner
15has made arrangements with the agency to view the animal upon
16request of the agency, or unless the owner can provide verification
17that the animal was humanelybegin delete destroyedend deletebegin insert euthanizedend insert. Any person
18who willfully fails to produce the animal or provide the verification
19is guilty of an infraction, punishable by a fine of not less than two
20hundred fifty dollars ($250) nor more than one thousand dollars
21($1,000).

22(1) The agency shall cause a notice to be affixed to a
23conspicuous place where the animal was situated or personally
24deliver a notice stating the grounds for believing the animal should
25be seized under subdivision (a) or (b). The notice shall include all
26of the following:

27(A) The name, business address, and telephone number of the
28officer providing the notice.

29(B) A description of the animal to be seized, including any
30identification upon the animal.

31(C) The authority and purpose for the possible seizure or
32impoundment.

33(D) A statement that, in order to receive a hearing prior to any
34seizure, the owner or person authorized to keep the animal, or his
35or her agent, shall request the hearing by signing and returning the
36enclosed declaration of ownership or right to keep the animal to
37the officer providing the notice within two days, excluding
38weekends and holidays, of the date of the notice.

39(E) A statement that the cost of caring for and treating any
40animal properly seized under this section is a lien on the animal,
P16   1that any animal seized shall not be returned to the owner until the
2charges are paid, and that failure to request or to attend a scheduled
3hearing shall result in a conclusive determination that the animal
4may properly be seized and that the owner shall be liable for the
5charges.

6(2) The preseizure hearing shall be conducted within 48 hours,
7excluding weekends and holidays, after receipt of the request. The
8seizing agency may authorize its own officer or employee to
9conduct the hearing if the hearing officer is not the same person
10who requests the seizure or impoundment of the animal and is not
11junior in rank to that person. The agency may utilize the services
12of a hearing officer from outside the agency for the purposes of
13complying with this section.

14(3) Failure of the owner or keeper, or his or her agent, to request
15or to attend a scheduled hearing shall result in a forfeiture of any
16right to a preseizure hearing or right to challenge his or her liability
17for costs incurred pursuant to this section.

18(4) The hearing officer, after the hearing, may affirm or deny
19the owner’s or keeper’s right to custody of the animal and, if
20reasonable grounds are established, may order the seizure or
21impoundment of the animal for care and treatment.

22(h) If any animal is properly seized under this section or pursuant
23to a search warrant, the owner or keeper shall be personally liable
24to the seizing agency for the cost of the seizure and care of the
25animal. Further, if the charges for the seizure or impoundment and
26any other charges permitted under this section are not paid within
2714 days of the seizure, or if the owner, within 14 days of notice of
28availability of the animal to be returned, fails to pay charges
29permitted under this section and take possession of the animal, the
30animal shall be deemed to have been abandoned and may be
31begin delete disposed ofend deletebegin insert humanely euthanizedend insert by the seizing agency.

32(i) If the animal requires veterinary care and the humane society
33or public agency is not assured, within 14 days of the seizure of
34the animal, that the owner will provide the necessary care, the
35animal shall not be returned to its owner and shall be deemed to
36have been abandoned and may be disposed of by the seizing
37agency. A veterinarian may humanelybegin delete destroyend deletebegin insert euthanizeend insert an
38impounded animal without regard to the prescribed holding period
39when it has been determined that the animal has incurred severe
40injuries or is incurably crippled. A veterinarian also may
P17   1immediately humanelybegin delete destroyend deletebegin insert euthanizeend insert an impounded animal
2afflicted with a serious contagious disease unless the owner or his
3or her agent immediately authorizes treatment of the animal by a
4veterinarian at the expense of the owner or agent.

5(j) No animal properly seized under this section or pursuant to
6a search warrant shall be returned to its owner until the owner can
7demonstrate to the satisfaction of the seizing agency or hearing
8officer that the owner can and will provide the necessary care for
9the animal.

10(k) (1) In the case of cats and dogs, prior to the final disposition
11of any criminal charges, the seizing agency or prosecuting attorney
12may file a petition in a criminal action requesting that, prior to that
13final disposition, the court issue an order forfeiting the animal to
14the city, county, or seizing agency. The petitioner shall serve a
15true copy of the petition upon the defendant and the prosecuting
16attorney.

17(2) Upon receipt of the petition, the court shall set a hearing on
18the petition. The hearing shall be conducted within 14 days after
19the filing of the petition, or as soon as practicable.

20(3) The petitioner shall have the burden of establishing beyond
21a reasonable doubt that, even in the event of an acquittal of the
22criminal charges, the owner will not legally be permitted to retain
23the animal in question. If the court finds that the petitioner has met
24its burden, the court shall order the immediate forfeiture of the
25animal as sought by the petition.

26(4) Nothing in this subdivision is intended to authorize a seizing
27agency or prosecuting attorney to file a petition to determine an
28owner’s ability to legally retain an animal pursuant to paragraph
29(3) of subdivision (l) if a petition has previously been filed pursuant
30to this subdivision.

31(l) (1) Upon the conviction of a person charged with a violation
32of this section, or Section 597 or 597a, all animals lawfully seized
33and impounded with respect to the violation shall be adjudged by
34the court to be forfeited and shall thereupon be transferred to the
35impounding officer or appropriate public entity for proper adoption
36or other disposition. A person convicted of a violation of this
37section shall be personally liable to the seizing agency for all costs
38of impoundment from the time of seizure to the time of proper
39disposition. Upon conviction, the court shall order the convicted
40person to make payment to the appropriate public entity for the
P18   1costs incurred in the housing, care, feeding, and treatment of the
2seized or impounded animals. Each person convicted in connection
3with a particular animal may be held jointly and severally liable
4for restitution for that particular animal. The payment shall be in
5addition to any other fine or sentence ordered by the court.

6(2) The court may also order, as a condition of probation, that
7the convicted person be prohibited from owning, possessing, caring
8for, or residing with, animals of any kind, and require the convicted
9person to immediately deliver all animals in his or her possession
10to a designated public entity for adoption or other lawful disposition
11or provide proof to the court that the person no longer has
12possession, care, or control of any animals. In the event of the
13acquittal or final discharge without conviction of the person
14charged, if the animal is still impounded, the animal has not been
15previously deemed abandoned pursuant to subdivision (h), the
16court has not ordered that the animal be forfeited pursuant to
17subdivision (k), the court shall, on demand, direct the release of
18seized or impounded animals to the defendant upon a showing of
19proof of ownership.

20(3) Any questions regarding ownership shall be determined in
21a separate hearing by the court where the criminal case was finally
22adjudicated and the court shall hear testimony from any persons
23who may assist the court in determining ownership of the animal.
24If the owner is determined to be unknown or the owner is
25prohibited or unable to retain possession of the animals for any
26reason, the court shall order the animals to be released to the
27appropriate public entity for adoption or other lawful disposition.
28This section is not intended to cause the release of any animal,
29bird, reptile, amphibian, or fish seized or impounded pursuant to
30any other statute, ordinance, or municipal regulation. This section
31shall not prohibit the seizure or impoundment of animals as
32evidence as provided for under any other provision of law.

33(m) It shall be the duty of all peace officers, humane society
34officers, and animal control officers to use all currently acceptable
35methods of identification, both electronic and otherwise, to
36determine the lawful owner or caretaker of any seized or
37impounded animal. It shall also be their duty to make reasonable
38efforts to notify the owner or caretaker of the whereabouts of the
39animal and any procedures available for the lawful recovery of the
40animal and, upon the owner’s and caretaker’s initiation of recovery
P19   1procedures, retain custody of the animal for a reasonable period
2of time to allow for completion of the recovery process. Efforts to
3locate or contact the owner or caretaker and communications with
4persons claiming to be the owner or caretaker shall be recorded
5and maintained and be made available for public inspection.

6

SEC. 16.  

Section 597.2 of the Penal Code is amended to read:

7

597.2.  

(a) It shall be the duty of an officer ofbegin delete a poundend deletebegin insert end insertbegin insertan
8animal shelter, a end insert
humane society, orbegin insert anend insert animal regulation
9department of a public agency to assist in a case involving the
10abandonment or voluntary relinquishment of an equine by the
11equine’s owner. This section does not requirebegin delete a pound,end deletebegin insert end insertbegin insertan animal
12shelter, aend insert
humane society, orbegin insert anend insert animal regulation department of
13a public agency to take actual possession of the equine.

14(b) Ifbegin delete a poundend deletebegin insert end insertbegin insertan animal shelter, aend insert humane society, orbegin insert anend insert animal
15regulation department of a public agency sells an equine at a private
16or public auction or sale, it shall set the minimum bid for the sale
17of the equine at a price above the current slaughter price of the
18equine.

19(c) (1) This section does not prohibitbegin insert an animal shelter, aend insert
20 humane society, orbegin insert anend insert animal regulation department of a public
21agency from placing an equine through an adoption program at an
22adoption fee that may be set below current slaughter price.

23(2) A person adopting an equine under paragraph (1) shall
24submit a written statement declaring that the person is adopting
25the equine for personal use and not for purposes of resale, resale
26for slaughter, or holding or transporting the equine for slaughter.

27

SEC. 17.  

Section 597e of the Penal Code is amended to read:

28

597e.  

Any person who impounds, or causes to be impounded
29in anybegin delete poundend deletebegin insert animal shelterend insert, any domestic animal, shall supply it
30duringbegin delete suchend delete confinement with a sufficient quantity of good and
31wholesome food and water, and in default thereof, is guilty of a
32misdemeanor. In case any domestic animal is at any time so
33impounded and continues to be without necessary food and water
34for more than 12 consecutive hours, it is lawful for any person,
35from time to time, as may be deemed necessary, to enter into and
36upon anybegin delete poundend deletebegin insert animal shelterend insert in which the animal is confined,
37and supply it with necessary food and water so long as it remains
38so confined.begin delete Suchend deletebegin insert Thatend insert person is not liable for the entry and may
39collect the reasonable cost of the food and water from the owner
40of the animal, and thebegin insert owner of theend insert animal is subject to enforcement
P20   1of a money judgment for the reasonable cost ofbegin delete suchend delete food and
2water.

3

SEC. 18.  

Section 597f of the Penal Code is amended to read:

4

597f.  

(a) Every owner, driver, or possessor of any animal, who
5permits the animal to be in any building, enclosure, lane, street,
6square, or lot, of any city, city and county, or judicial district,
7without proper care and attention, shall, on conviction, be deemed
8guilty of a misdemeanor. And it shall be the duty of any peace
9officer, officer of the humane society, or officer ofbegin delete a poundend deletebegin insert an
10animal shelterend insert
or animal regulation department of a public agency,
11to take possession of the animal so abandoned or neglected and
12care for the animal until it is redeemed by the owner or claimant,
13and the cost of caring for the animal shall be a lien on the animal
14until the charges are paid. Every sick, disabled, infirm, or crippled
15animal, except a dog or cat, which shall be abandoned in any city,
16city and county, or judicial district, may, if after due search no
17owner can be found therefor, bebegin delete killedend deletebegin insert humanely euthanizedend insert by
18the officer; and it shall be the duty of all peace officers, an officer
19ofbegin delete suchend deletebegin insert thatend insert society, or officer ofbegin delete a poundend deletebegin insert an animal shelterend insert or
20 animal regulation department of a public agency to cause the
21animal to be begin deletekilledend deletebegin insert humanely euthanizedend insert on information ofbegin delete suchend delete
22begin insert thatend insert abandonment. The officer may likewise take charge of any
23animal, including a dog or cat, that by reason of lameness, sickness,
24feebleness, or neglect, is unfit for the labor it is performing, or that
25in any other manner is being cruelly treated; and, if the animal is
26not then in the custody of its owner, the officer shall give notice
27thereof to the owner, if known, and may provide suitable care for
28the animal until it is deemed to be in a suitable condition to be
29delivered to the owner, and any necessary expenses which may be
30incurred for taking care of and keeping the animal shall be a lien
31thereon, to be paid before the animal can be lawfully recovered.

32(b) begin insert(1)end insertbegin insertend insertIt shall be the duty of all officers ofbegin delete poundsend deletebegin insert animal
33sheltersend insert
or humane societies, and animal regulation departments
34of public agencies to convey, and for police and sheriff
35departments, to cause to be conveyed all injured cats and dogs
36found without their owners in a public place directly to a
37veterinarian known by the officer or agency to be a veterinarian
38that ordinarily treats dogs and cats for a determination of whether
39the animal shall be immediately and humanelybegin delete destroyedend delete
P21   1begin insert euthanizedend insert or shall be hospitalized under proper care and given
2emergency treatment.

begin delete

3If

end delete

4begin insert(2)end insertbegin insertend insertbegin insertIf end insertthe owner does not redeem the animal within the locally
5prescribed waiting period, the veterinarian may personally perform
6euthanasia on the animal; or, if the animal is treated and recovers
7from its injuries, the veterinarian may keep the animal for purposes
8of adoption, provided the responsible animal control agency has
9first been contacted and has refused to take possession of the
10animal.

begin delete

11Whenever

end delete

12begin insert(3)end insertbegin insertend insertbegin insertWhenever end insertany animal is transferred pursuant to this
13subdivision to a veterinarian in a clinic, such as an emergency
14clinic which is not in continuous operation, the veterinarian may,
15in turn, transfer the animal to an appropriate facility.

begin delete

16If

end delete

17begin insert(4)end insertbegin insertend insertbegin insertIf end insertthe veterinarian determines that the animal shall be
18hospitalized under proper care and given emergency treatment,
19the costs of any services which are provided pending the owner’s
20inquiry to the agency, department, or society shall be paid from
21the dog license fees, fines, and fees for impounding dogs in the
22city, county, or city and county in which the animal was licensed
23or if the animal is unlicensed the jurisdiction in which the animal
24was found, subject to the provision that this cost be repaid by the
25animal’s owner. No veterinarian shall be criminally or civilly liable
26for any decision which he or she makes or services which he or
27she provides pursuant to this section.

28(c) An animal control agency which takes possession of an
29animal pursuant to subdivision (b), shall keep records of the
30whereabouts of the animal for a 72-hour period from the time of
31possession and those records shall be available to inspection by
32the public upon request.

33(d) Notwithstanding any other provisions of this section, any
34officer ofbegin delete a poundend deletebegin insert an animal shelterend insert or animal regulation
35department or humane society, or any officer of a police or sheriff’s
36department may, with the approval of his or her immediate
37superior, humanelybegin delete destroyend deletebegin insert euthanizeend insert any abandoned animal in
38the field in any case where the animal is too severely injured to
39move or where a veterinarian is not available and it would be more
40humane tobegin delete dispose ofend deletebegin insert euthanizeend insert the animal.

P22   1

SEC. 19.  

Section 597u of the Penal Code is amended to read:

2

597u.  

(a) No person, peace officer, officer of a humane society,
3or officer ofbegin delete a poundend deletebegin insert an animal shelterend insert or animal regulation
4department of a public agency shall kill any animal by using any
5of the following methods:

6(1) Carbon monoxide gas.

7(2) Intracardiac injection of a euthanasia agent on a conscious
8animal, unless the animal is heavily sedated or anesthetized in a
9humane manner, or comatose, or unless, in light of all the relevant
10circumstances, the procedure is justifiable.

11(b) With respect to the killing of any dog or cat, no person,
12peace officer, officer of a humane society, or officer ofbegin delete a poundend delete
13begin insert an animal shelterend insert or animal regulation department of a public
14agency shall use any of the methods specified in subdivision (a)
15or any of the following methods:

16(1) High-altitude decompression chamber.

17(2) Nitrogenbegin delete gasend deletebegin insert gas.end insert

18

SEC. 20.  

Section 597v of the Penal Code is amended to read:

19

597v.  

No person, peace officer, officer of a humane society,
20or officer ofbegin delete a poundend deletebegin insert an animal shelterend insert or animal regulation
21department of a public agency shall kill any newborn dog or cat
22whose eyes have not yet opened by any other method than by the
23use of chloroform vapor or by inoculation of barbiturates.

24

SEC. 21.  

Section 599e of the Penal Code is amended to read:

25

599e.  

Every animal which is unfit, by reason of its physical
26condition, for the purpose for whichbegin delete suchend deletebegin insert thoseend insert animals are usually
27employed, and when there is no reasonable probability ofbegin delete suchend delete
28begin insert thatend insert animal ever becoming fit for the purpose for which it is usually
29employed, shall be by the owner or lawful possessor of the same,
30deprived of life within 12 hours after being notified by any peace
31officer, officer of said society, or employee ofbegin delete a poundend deletebegin insert an animal
32shelterend insert
or animal regulation department of a public agency who is
33a veterinarian, to kill the same, andbegin delete suchend deletebegin insert theend insert owner, possessor, or
34person omitting or refusing to comply with the provisions of this
35section shall, upon conviction, be deemed guilty of a misdemeanor,
36and afterbegin delete suchend deletebegin insert thatend insert conviction the court or magistrate having
37jurisdiction ofbegin delete suchend deletebegin insert thatend insert offense shall order any peace officer,
38 officer of said society, or officer ofbegin delete a poundend deletebegin insert an animal shelterend insert or
39animal regulation department of a public agency, to immediately
40killbegin delete suchend deletebegin insert thatend insert animal; provided, that this shall not apply tobegin delete suchend deletebegin insert anend insert
P23   1 owner keeping any old or diseased animal belonging to himbegin insert or herend insert
2 on hisbegin insert or herend insert own premises with proper care.



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