BILL ANALYSIS                                                                                                                                                                                                    



                                                                  AB 1511
                                                                  Page  1

          Date of Hearing:   April 9, 2014

                        ASSEMBLY COMMITTEE ON APPROPRIATIONS
                                  Mike Gatto, Chair

                   AB 1511 (Gaines) - As Amended:  March 17, 2014 

          Policy Committee:                              Public  
          SafetyVote:  7-0

          Urgency:     No                   State Mandated Local Program:  
          Yes    Reimbursable:              No           

           SUMMARY  

          This bill authorizes the Department of Justice (DOJ) and local  
          criminal justice agencies to furnish state and local summary  
          criminal history information (rap sheets) to an animal control  
          officer upon a showing of a compelling need.

           FISCAL EFFECT  

          1)Minor absorbable costs to DOJ, as current law authorizes DOJ  
            to charge a fee to cover related costs.

          2)Minor, non state-reimbursable, local costs, as current law  
            authorizes local entities to charge a fee to cover related  
            costs. 

           COMMENTS  

           1)Rationale  . The author contends adding animal control officers  
            to the list of entities authorized to obtain criminal history  
            information provides a necessary protection to a class of  
            officers who perform dangerous duties.

           2)Animal Control Officers are not Humane Officers  .  

            As noted in the Assembly Public Safety analysis, some  
            proponents of this bill contend that because current law  
            authorizes humane officers access to state and local summary  
            criminal history information, animal control officers should  
            have the same access. The statutory prerequisites to serve as  
            a humane officer, however, differ significantly from that of  
            animal control officers. 








                                                                  AB 1511
                                                                  Page  2


            While animal control officers' duties are not prescribed by  
            state law, they are generally tasked with animal control and  
            compliance. Humane officers, employed by a humane society or a  
            society for the prevention of cruelty to animals, are  
            statutorily tasked with preventing animal cruelty, including  
            the use of reasonable force. Humane officers are subject to a  
            criminal background check, must furnish fingerprints to DOJ  
            and the FBI, and must demonstrate good moral character, as  
            determined by a background check. Humane officers also must be  
            removed from their position for any one of a list of specified  
            condition, such as conviction of a felony or a finding the  
            person is mentally incompetent, or addicted to narcotics.  
            There are no such prerequisites for animal control officers. 

           3)Current Law  . 

             a)   Allows DOJ and local law enforcement to furnish state  
               summary criminal history information to specified entities  
               and, when specifically authorized, federal-level criminal  
               history information, upon a showing of a compelling need,  
               as specified. 

             b)   Allows DOJ and local law enforcement to charge a fee to  
               recoup costs. 

          4)Related legislation  , SB 1278 (Leno), pending in Assembly  
            Public Safety, requires animal control officers to complete  
            specified law enforcement-related training and continuing  
            education.   


           Analysis Prepared by  :    Geoff Long / APPR. / (916) 319-2081