Amended in Assembly April 22, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1045

Introduced by Assembly Member begin delete Blumenfield end delete begin insert Quirk-Silva end insert

February 22, 2013

begin delete 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. end delete begin insert An act to amend Sections 4112 and 4127.2 of, and to add Section 4127.9 to, the Business and Professions Code, relating to pharmacy. end insert

LEGISLATIVE COUNSEL’S DIGEST

AB 1045, as amended, begin delete Blumenfield end delete   begin insert Quirk-Silva end insert . begin delete Animal shelters. end delete begin insert Sterile compounding pharmacies. end insert

begin insert

Existing law, the Pharmacy Law, provides for the licensure and regulation of pharmacies in this state by the California State Board of Pharmacy. A violation of these provisions is a crime.

end insert begin insert

Existing law provides that a pharmacy located outside this state that ships, mails, or delivers, in any manner, controlled substances, dangerous drugs, or dangerous devices into this state shall be considered a nonresident pharmacy. Existing law prohibits a person from acting as a nonresident pharmacy unless he or she has obtained a license from the board, and authorizes the board to register a nonresident pharmacy that is organized as a limited liability company in the state in which it is licensed. The law also prohibits a resident or nonresident pharmacy from compounding injectable sterile drug products for shipment into this state without a license issued by the board, and authorizes a license to compound injectable sterile drug products to be issued only for a location that is licensed as a nonresident pharmacy.

end insert begin insert

This bill would provide that if the home state pharmacy license of a nonresident pharmacy is revoked or suspended for any reason, any license issued pursuant to provisions governing the licensing and registration of nonresident pharmacies and authorizing a nonresident pharmacy to compound injectable sterile drug products shall be immediately revoked or suspended by operation of law.

end insert begin insert

The bill would also require a resident or a nonresident pharmacy that issues a recall notice regarding a sterile compounded drug to contact the recipient pharmacy, prescriber, or patient of the recalled drug and the board within 24 hours of the recall notice if use of or exposure to the recalled drug may cause serious adverse health consequences or death and if the recalled drug was dispensed or is intended for use in this state. Because a violation of these requirements would be a crime, the bill would impose a state-mandated local program.

end insert begin insert

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.

end insert begin insert

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

end insert begin delete

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

end delete begin delete

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.

end delete

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 4112 of the end insert begin insert Business and Professions
Code end insert begin insert is amended to read: end insert

4112.  

(a) Any pharmacy located outside this state that ships,
mails, or delivers, in any manner, controlled substances, dangerous
drugs, or dangerous devices into this state shall be considered a
nonresident pharmacy.

(b) A person may not act as a nonresident pharmacy unless he
or she has obtained a license from the board. The board may
register a nonresident pharmacy that is organized as a limited
liability company in the state in which it is licensed.

(c) A nonresident pharmacy shall disclose to the board the
location, names, and titles of (1) its agent for service of process in
this state, (2) all principal corporate officers, if any, (3) all general
partners, if any, and (4) all pharmacists who are dispensing
controlled substances, dangerous drugs, or dangerous devices to
residents of this state. A report containing this information shall
be made on an annual basis and within 30 days after any change
of office, corporate officer, partner, or pharmacist.

(d) All nonresident pharmacies shall comply with all lawful
directions and requests for information from the regulatory or
licensing agency of the state in which it is licensed as well as with
all requests for information made by the board pursuant to this
section. The nonresident pharmacy shall maintain, at all times, a
valid unexpired license, permit, or registration to conduct the
pharmacy in compliance with the laws of the state in which it is a
resident. As a prerequisite to registering with the board, the
nonresident pharmacy shall submit a copy of the most recent
inspection report resulting from an inspection conducted by the
regulatory or licensing agency of the state in which it is located.
begin insert If the home state pharmacy license of a nonresident pharmacy is
revoked or suspended for any reason, any license issued pursuant
to this section shall be immediately revoked or suspended by
operation of law. end insert

(e) All nonresident pharmacies shall maintain records of
controlled substances, dangerous drugs, or dangerous devices
dispensed to patients in this state so that the records are readily
retrievable from the records of other drugs dispensed.

(f) Any pharmacy subject to this section shall, during its regular
hours of operation, but not less than six days per week, and for a
minimum of 40 hours per week, provide a toll-free telephone
service to facilitate communication between patients in this state
and a pharmacist at the pharmacy who has access to the patient’s
records. This toll-free telephone number shall be disclosed on a
label affixed to each container of drugs dispensed to patients in
this state.

(g) A nonresident pharmacy shall not permit a pharmacist whose
license has been revoked by the board to manufacture, compound,
furnish, sell, dispense, or initiate the prescription of a dangerous
drug or dangerous device, or to provide any pharmacy-related
service, to a person residing in California.

(h) The board shall adopt regulations that apply the same
requirements or standards for oral consultation to a nonresident
pharmacy that operates pursuant to this section and ships, mails,
or delivers any controlled substances, dangerous drugs, or
dangerous devices to residents of this state, as are applied to an
in-state pharmacy that operates pursuant to Section 4037 when the
pharmacy ships, mails, or delivers any controlled substances,
dangerous drugs, or dangerous devices to residents of this state.
The board shall not adopt any regulations that require face-to-face
consultation for a prescription that is shipped, mailed, or delivered
to the patient. The regulations adopted pursuant to this subdivision
shall not result in any unnecessary delay in patients receiving their
medication.

(i) The registration fee shall be the fee specified in subdivision
(a) of Section 4400.

(j) The registration requirements of this section shall apply only
to a nonresident pharmacy that ships, mails, or delivers controlled
substances, dangerous drugs, and dangerous devices into this state
pursuant to a prescription.

(k) Nothing in this section shall be construed to authorize the
dispensing of contact lenses by nonresident pharmacists except as
provided by Section 4124.

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 4127.2 of the end insert begin insert Business and Professions Code end insert
begin insert is amended to read: end insert

4127.2.  

(a) A nonresident pharmacy may not compound
injectable sterile drug products for shipment into the State of
California without a license issued by the board pursuant to this
section. The license shall be renewed annually and shall not be
transferable.

(b) A license to compound injectable sterile drug products may
only be issued for a location that is licensed as a nonresident
pharmacy. Furthermore, the license to compound injectable sterile
drug products may only be issued to the owner of the nonresident
pharmacy license at that location. begin insert If the home state pharmacy
license of a nonresident pharmacy is revoked or suspended for
any reason, any license issued pursuant to Section 4112 or this
section shall be immediately revoked or suspended by operation
of law. end insert A license to compound injectable sterile drug products may
not be issued or renewed until the board receives the following
from the nonresident pharmacy:

(1) A copy of an inspection report issued by the pharmacy’s
licensing agency, or a report from a private accrediting agency
approved by the board, in the prior 12 months documenting the
pharmacy’s compliance with board regulations regarding the
compounding of injectable sterile drug products.

(2) A copy of the nonresident pharmacy’s proposed policies
and procedures for sterile compounding.

(c) Nonresident pharmacies operated by entities that are licensed
as a hospital, home health agency, or a skilled nursing facility and
have current accreditation from the Joint Commission on
Accreditation of Healthcare Organizations, or other private
accreditation agencies approved by the board, are exempt from
the requirement to obtain a license pursuant to this section.

(d) This section shall become effective on the earlier of July 1,
2003, or the effective date of regulations adopted by the board
pursuant to Section 4127.

begin insert

begin insert SEC. 3. end insert   

end insert

begin insert Section 4127.9 is added to the end insert begin insert Business and Professions
Code end insert begin insert , to read: end insert

begin insert

begin insert 4127.9. end insert   

(a) A pharmacy licensed pursuant to Section 4127.1
or 4127.2, including a pharmacy that is exempt from licensure
pursuant to subdivision (d) of Section 4127.1 and subdivision (c)
of Section 4127.2, that issues a recall notice regarding a sterile
compounded drug shall, in addition to any other duties, contact
the recipient pharmacy, prescriber, or patient of the recalled drug
and the board within 24 hours of the recall notice if both of the
following apply:

(1) Use of or exposure to the recalled drug may cause serious
adverse health consequences or death.

(2) The recalled drug was dispensed, or is intended for use, in
this state.

(b) A recall notice issued pursuant to subdivision (a) shall be
made as follows:

(1) If the recalled drug was dispensed directly to the patient,
the notice shall be made to the patient.

(2) If the recalled drug was dispensed directly to the prescriber,
the notice shall be made to the prescriber, who shall ensure the
patient is notified.

(3) If the recalled drug was dispensed directly to a pharmacy,
the notice shall be made to the pharmacy, who shall notify the
prescriber or patient, as appropriate. If the pharmacy notifies the
prescriber, the prescriber shall ensure the patient is notified.

end insert

begin insert

begin insert SEC. 4. end insert   

end insert begin insert

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.

end insert

begin delete

SECTION 1.  

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

4827.  

Nothing in this chapter prohibits any person from:

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

(1) The owner’s bona fide employees.

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

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

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

(d) Administering sodium pentobarbital for euthanasia of sick,
injured, homeless, or surrendered domestic pets or animals without
the presence of a veterinarian when the person is an employee of
an animal control shelter and its agencies or humane society and
has received proper training in the administration of sodium
pentobarbital for these purposes.

SEC. 2.  

Section 1834.6 of the Civil Code is amended to read:

1834.6.  

An abandoned animal, as described in Section 1834.5,
shall not be used for scientific or any other type of experimentation,
nor shall such an abandoned animal be turned over to an animal
shelter or animal regulation department of a public agency.

SEC. 3.  

Section 1834.7 of the Civil Code is amended to read:

1834.7.  

(a) In any animal shelter or animal regulation
department of a public or private agency where animals are turned
over dead or alive to a biological supply facility or a research
facility, a sign (measuring a minimum of 28 x 21 cm-- 11 x 81⁄2
inches --with lettering of a minimum of 3.2 cm high and 1.2 cm
wide-- 11⁄4 x 1⁄2 inch --(91 point)) stating:

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

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

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

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

SEC. 4.  

Section 1846 of the Civil Code is amended to read:

1846.  

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

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

(c) If the gratuitous depositary of a living animal is a public
animal shelter, shelter operated by a society for the prevention of
cruelty to animals, or humane shelter, the depositary shall comply
with all other requirements of the Food and Agricultural Code
regarding the impounding of live animals.

SEC. 5.  

Section 1847 of the Civil Code is amended to read:

1847.  

The duties of a gratuitous depositary cease:

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

(b) Upon reasonable notice given by the depositary to the owner
to remove it, and the owner failing to do so within a reasonable
time. But an involuntary depositary, under subdivision (b) of
Section 1815, may not give notice until the emergency that gave
rise to the deposit is past. This subdivision shall not apply to a
public animal shelter, a shelter operated by a society for the
prevention of cruelty to animals, or a humane shelter. The duty to
provide care, as required by Section 1846, continues until the
public or private animal shelter is lawfully relieved of responsibility
for the animal.

SEC. 6.  

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

17003.  

(a) Except as provided in this section, this chapter does
not affect any law, ordinance, or regulation regarding estrays, the
shelter director, or other animal control officer, or a public animal
control agency or shelter within the limits of any city or county
where those laws, ordinances, or regulations are in force.

(b) Upon the impounding of any bovine animal, horse, mule,
or burro, the shelter director, other animal control officer, or public
animal control agency or shelter shall immediately notify the
secretary. Upon receipt of that notice, the secretary shall take
possession of any bovine animal and shall dispose of it pursuant
to this chapter.

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

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

SEC. 7.  

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

31607.  

“Impounded” means taken into the custody of the public
animal shelter or animal control department or provider of animal
control services to the city or county where the potentially
dangerous or vicious dog is found.

SEC. 8.  

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

31621.  

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

SEC. 9.  

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

31622.  

(a) After the hearing conducted pursuant to Section
31621, the owner or keeper of the dog shall be notified in writing
of the determination and orders issued, either personally or by
first-class mail postage prepaid by the court or hearing entity. If a
determination is made that the dog is potentially dangerous or
vicious, the owner or keeper shall comply with Article 3
(commencing with Section 31641) in accordance with a time
schedule established by the chief officer of the public animal shelter
or animal control department or the head of the local law
enforcement agency, but in no case more than 30 days after the
date of the determination or 35 days if notice of the determination
is mailed to the owner or keeper of the dog. If the petitioner or the
owner or keeper of the dog contests the determination, he or she
may, within five days of the receipt of the notice of determination,
appeal the decision of the court or hearing entity of original
jurisdiction. The fee for filing an appeal, payable to the clerk of
the court, is as provided in subdivision (b) of Section 70626 of the
Government Code. If the original hearing held pursuant to Section
31621 was before a hearing entity other than a court of the
jurisdiction, appeal shall be to the superior court. If the original
hearing was held in the superior court, appeal shall be to the
superior court before a judge other than the judge who originally
heard the petition. The petitioner or the owner or keeper of the dog
shall serve personally or by first-class mail, postage prepaid, notice
of the appeal upon the other party.

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

SEC. 10.  

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

32001.  

All public animal shelters, shelters operated by societies
for the prevention of cruelty to animals, and humane shelters, that
contract to perform public animal control services, shall provide
the owners of lost animals and those who find lost animals with
all of the following:

(a) Ability to list the animals they have lost or found on “Lost
and Found” lists maintained by the animal shelter.

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

(c) The telephone numbers and addresses of other animal
shelters in the same vicinity.

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

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

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

SEC. 11.  

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

32003.  

All public and private animal shelters shall keep
accurate records on each animal taken up, medically treated, or
impounded. The records shall include all of the following
information and any other information required by the California
Veterinary Medical Board:

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

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

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

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

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

SEC. 12.  

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

121916.  

(a)  Any person or owner of an attack, guard, or sentry
dog that operates or maintains a business to sell, rent, or train an
attack, guard, or sentry dog shall obtain a permit from the local
public agency or private society or animal shelter contracting with
the local public agency for animal care or protection services.

(b)  Each local agency shall adopt and implement a permit
program for the administration of subdivision (a) by the local
agency or private society or animal shelter contracting with the
local public agency for animal care or protection services. A local
agency may charge a fee for the issuance or renewal of a permit
required under this section. The fee shall not exceed the actual
costs for the implementation of the permit program.

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

SEC. 13.  

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

122322.  

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

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

(c)  Nothing in this chapter shall authorize the seizure of an
unweaned bird by a peace officer, officer of a humane society, or
officer of an animal shelter or animal regulation department of a
public agency.

SEC. 14.  

Section 597 of the Penal Code is amended to read:

597.  

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

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

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

(d)  A violation of subdivision (a), (b), or (c) is punishable as a
felony by imprisonment pursuant to subdivision (h) of Section
1170, or by a fine of not more than twenty thousand dollars
($20,000), or by both that fine and imprisonment, or alternatively,
as a misdemeanor by imprisonment in a county jail for not more
than one year, or by a fine of not more than twenty thousand dollars
($20,000), or by both that fine and imprisonment.

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

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

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

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

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

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

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

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

(g) (1) Upon the conviction of a person charged with a violation
of this section by causing or permitting an act of cruelty, as defined
in Section 599b, all animals lawfully seized and impounded with
respect to the violation by a peace officer, officer of a humane
society, or officer of an animal shelter or animal regulation
department of a public agency shall be adjudged by the court to
be forfeited and shall thereupon be awarded to the impounding
officer for proper disposition. A person convicted of a violation
of this section by causing or permitting an act of cruelty, as defined
in Section 599b, shall be liable to the impounding officer for all
costs of impoundment from the time of seizure to the time of proper
disposition.

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

(h) Notwithstanding any other law, if a defendant is granted
probation for a conviction under this section, the court shall order
the defendant to pay for, and successfully complete, counseling,
as determined by the court, designed to evaluate and treat behavior
or conduct disorders. If the court finds that the defendant is
financially unable to pay for that counseling, the court may develop
a sliding fee schedule based upon the defendant’s ability to pay.
An indigent defendant may negotiate a deferred payment schedule,
but shall pay a nominal fee if the defendant has the ability to pay
the nominal fee. County mental health departments or Medi-Cal
shall be responsible for the costs of counseling required by this
section only for those persons who meet the medical necessity
criteria for mental health managed care pursuant to Section
1830.205 of Title 9 of the California Code of Regulations or the
targeted population criteria specified in Section 5600.3 of the
Welfare and Institutions Code. The counseling specified in this
subdivision shall be in addition to any other terms and conditions
of probation, including any term of imprisonment and any fine.
This provision specifies a mandatory additional term of probation
and is not to be utilized as an alternative in lieu of imprisonment
pursuant to subdivision (h) of Section 1170 or county jail when
that sentence is otherwise appropriate. If the court does not order
custody as a condition of probation for a conviction under this
section, the court shall specify on the court record the reason or
reasons for not ordering custody. This subdivision shall not apply
to cases involving police dogs or horses as described in Section
600.

SEC. 15.  

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 humanely euthanized 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 humanely
euthanized 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 euthanized 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
euthanize 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
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 charges for the seizure and care of the animal shall
be a lien on the animal. The animal shall not be returned to its
owner until the charges are paid and the owner demonstrates to
the satisfaction of the seizing agency or the hearing 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 euthanized. 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. 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 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
humanely euthanized by the 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 seizing
agency. A veterinarian may humanely euthanize 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
euthanize 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 the owner can
demonstrate to the satisfaction of the seizing agency or hearing
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.

(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 person
charged, if the animal is still impounded, the animal has not been
previously deemed abandoned pursuant to subdivision (h), 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.

(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. 16.  

Section 597.2 of the Penal Code is amended to read:

597.2.  

(a) It shall be the duty of an officer of an animal shelter,
a humane society, or an animal regulation department of a public
agency to assist in a case involving the abandonment or voluntary
relinquishment of an equine by the equine’s owner. This section
does not require an animal shelter, a humane society, or an animal
regulation department of a public agency to take actual possession
of the equine.

(b) If an animal shelter, a humane society, or an animal
regulation department of a public agency sells an equine at a private
or public auction or sale, it shall set the minimum bid for the sale
of the equine at a price above the current slaughter price of the
equine.

(c) (1) This section does not prohibit an animal shelter, a
humane society, or an animal regulation department of a public
agency from placing an equine through an adoption program at an
adoption fee that may be set below current slaughter price.

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

SEC. 17.  

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

597e.  

Any person who impounds, or causes to be impounded
in any animal shelter, any domestic animal, shall supply it during
confinement with a sufficient quantity of good and wholesome
food and water, and in default thereof, is guilty of a misdemeanor.
In case any domestic animal is at any time so impounded and
continues to be without necessary food and water for more than
12 consecutive hours, it is lawful for any person, from time to
time, as may be deemed necessary, to enter into and upon any
animal shelter in which the animal is confined, and supply it with
necessary food and water so long as it remains so confined. That
person is not liable for the entry and may collect the reasonable
cost of the food and water from the owner of the animal, and the
owner of the animal is subject to enforcement of a money judgment
for the reasonable cost of food and water.

SEC. 18.  

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

597f.  

(a) Every owner, driver, or possessor of any animal, who
permits the animal to be in any building, enclosure, lane, street,
square, or lot, of any city, city and county, or judicial district,
without proper care and attention, shall, on conviction, be deemed
guilty of a misdemeanor. And it shall be the duty of any peace
officer, officer of the humane society, or officer of an animal shelter
or animal regulation department of a public agency, to take
possession of the animal so abandoned or neglected and care for
the animal until it is redeemed by the owner or claimant, and the
cost of caring for the animal shall be a lien on the animal until the
charges are paid. Every sick, disabled, infirm, or crippled animal,
except a dog or cat, which shall be abandoned in any city, city and
county, or judicial district, may, if after due search no owner can
be found therefor, be humanely euthanized by the officer; and it
shall be the duty of all peace officers, an officer of that society, or
officer of an animal shelter or animal regulation department of a
public agency to cause the animal to be humanely euthanized on
information of that abandonment. 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, if the animal is not then in the custody of its owner, the officer
shall give notice thereof to the owner, if known, and may provide
suitable care for the animal until it is deemed to be in a suitable
condition to be delivered to the owner, and any necessary expenses
which may be incurred for taking care of and keeping the animal
shall be a lien thereon, to be paid before the animal can be lawfully
recovered.

(b) (1) It shall be the duty of all officers of animal shelters or
humane societies, and animal regulation departments of public
agencies to convey, and for police and sheriff departments, to cause
to be conveyed all injured cats and dogs found without their owners
in a public place directly to a veterinarian known by the officer or
agency to be a veterinarian that ordinarily treats dogs and cats for
a determination of whether the animal shall be immediately and
humanely euthanized 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; or, 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 pursuant to this
subdivision to a veterinarian in a clinic, such as an emergency
clinic which 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 which are provided pending the owner’s
inquiry to the 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 the jurisdiction in which the animal
was found, subject to the provision that this cost be repaid by the
animal’s owner. No veterinarian shall be criminally or civilly liable
for any decision which he or she makes or services which he or
she provides pursuant to this section.

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

(d) Notwithstanding any other provisions of this section, any
officer of an animal shelter or animal regulation department or
humane society, or any officer of a police or sheriff’s department
may, with the approval of his or her immediate superior, humanely
euthanize any 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 euthanize the animal.

SEC. 19.  

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

597u.  

(a) No person, peace officer, officer of a humane society,
or officer of an animal shelter or animal regulation department of
a public agency shall kill any animal by using any of the following
methods:

(1) Carbon monoxide gas.

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

(b) With respect to the killing of any dog or cat, no person,
peace officer, officer of a humane society, or officer of an animal
shelter or animal regulation department of a public agency shall
use any of the methods specified in subdivision (a) or any of the
following methods:

(1) High-altitude decompression chamber.

(2) Nitrogen gas.

SEC. 20.  

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

597v.  

No person, peace officer, officer of a humane society,
or officer of an animal shelter or animal regulation department of
a public agency shall kill any newborn dog or cat whose eyes have
not yet opened by any other method than by the use of chloroform
vapor or by inoculation of barbiturates.

SEC. 21.  

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

599e.  

Every animal which is unfit, by reason of its physical
condition, for the purpose for which those animals are usually
employed, and when there is no reasonable probability of that
animal ever becoming fit for the purpose for which it is usually
employed, shall be by the owner or lawful possessor of the same,
deprived of life within 12 hours after being notified by any peace
officer, officer of said society, or employee of an animal shelter
or animal regulation department of a public agency who is a
veterinarian, to kill the same, and the owner, possessor, or person
omitting or refusing to comply with the provisions of this section
shall, upon conviction, be deemed guilty of a misdemeanor, and
after that conviction the court or magistrate having jurisdiction of
that offense shall order any peace officer, officer of said society,
or officer of an animal shelter or animal regulation department of
a public agency, to immediately kill that animal; provided, that
this shall not apply to an owner keeping any old or diseased animal
belonging to him or her on his or her own premises with proper
care.

end delete