Senate Bill No. 1278

Introduced by Senator Leno

February 21, 2014

An act to amend Section 830.9 of the Penal Code, relating to animal control officers.

LEGISLATIVE COUNSEL’S DIGEST

SB 1278, as introduced, Leno. Animal control officers.

Existing law establishes the Commission on Peace Officer Standards and Training within the Department of Justice. Existing law requires the commission to carry out various duties related to the education and training of peace officers, as defined.

Existing law provides that animal control officers are not peace officers but may exercise the powers of arrest of a peace officer and the power to serve warrants, as specified, during the course and within the scope of their employment, if those officers successfully complete a course in the exercise of those powers.

This bill would require every person appointed as an animal control officer prior to July 1, 2015, to complete a course in the exercise of the powers of arrest and to serve warrants no later than July 1, 2016. This bill would require every person appointed as an animal control officer, and every person appointed as a director, manager, supervisor, or any person in charge of an animal control agency, on or after July 1, 2015, to complete a course in the exercise of the powers of arrest and to serve warrants within one year of his or her appointment, as specified. This bill would require every animal control officer, prior to the exercise of the powers of arrest and to serve warrants, to have satisfactorily completed the required course of training.

This bill would also require every animal control officer to satisfactorily complete at least 40 hours of continuing education and training relating to the powers and duties of an animal control officer, as specified.

By imposing new training requirements on local employees, this bill would impose a state-mandated local program.

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

This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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

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

SECTION 1.  

Section 830.9 of the Penal Code is amended to
read:

830.9.  

begin insert (a) end insert begin insert   end insert Animal control officers are not peace officers but
may exercise the powers of arrest of a peace officer as specified
in Section 836 and the power to serve warrants as specified in
Sections 1523 and 1530 during the course and within the scope of
their employment, if those officers successfully complete a course
in the exercise of those powers pursuant to Section 832. begin delete That part
of the training course specified in Section 832 pertaining to the
carrying and use of firearms shall not be required for any animal
control officer whose employing agency prohibits the use of
firearms. end delete

begin insert

(b) Every person appointed as an animal control officer prior
to July 1, 2015, shall complete a course in the exercise of the
powers of arrest and to serve warrants pursuant to Section 832
no later than July 1, 2016. That part of the training course specified
in Section 832 pertaining to the carrying and use of firearms shall
not be required for any animal control officer whose employing
agency prohibits the use of firearms.

end insert begin insert

(c) Every person appointed as an animal control officer on or
after July 1, 2015, shall complete a course in the exercise of the
powers of arrest and to serve warrants pursuant to Section 832
within one year of his or her appointment. That part of the training
course specified in Section 832 pertaining to the carrying and use
of firearms shall not be required for any animal control officers
whose employing agency prohibits the use of firearms.

end insert begin insert

(d) Every animal control officer described in this section, prior
to the exercise of the powers of arrest and to serve warrants, shall
have satisfactorily completed the course of training described in
Section 832.

end insert begin insert

(e) Every person appointed as a director, manager, supervisor,
or any person in control of an animal control agency on or after
July 1, 2015, shall complete a course in the exercise of the powers
of arrest and to serve warrants pursuant to Section 832 within one
year of his or her appointment.

end insert begin insert

(f) (1) During each three-year period following the date of
appointment as an animal control officer, every animal control
officer shall satisfactorily complete at least 40 hours of continuing
education and training relating to the powers and duties of an
animal control officer, which education and training shall be
sponsored or provided by an accredited postsecondary institution,
the Commission on Peace Officer Standards and Training, a law
enforcement agency, the National Animal Control Association,
the California Animal Control Directors Association, or the State
Humane Association of California.

end insert begin insert

(2) The minimum hours and required topics of continuing
education and training shall be determined by the California
Animal Control Directors Association.

end insert begin insert

(3) Records of training shall be maintained by the animal control
officer’s employing agency.

end insert begin insert

(4) The failure to satisfactorily complete the continuing
education and training requirements under this subdivision within
90 days after the expiration of each three-year period shall result
in the immediate suspension of the authority granted under
subdivision (a).

end insert begin insert

(g) Nothing in this section shall be construed to supersede any
existing training requirements, including, but not limited to, the
training requirements set forth in subdivision (g) of Section 22295.

end insert begin delete

For

end delete

begin insert ( end insert begin insert h) end insert begin insert   end insert begin insert For end insert the purposes of this section, “firearms” includes capture
guns, blowguns, carbon dioxide operated rifles and pistols, air
guns, handguns, rifles, and shotguns.

SEC. 2.  

If the Commission on State Mandates determines that
this act contains costs mandated by the state, reimbursement to
local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.