Amended in Senate April 1, 2014

Senate BillNo. 1278


Introduced by Senator Leno

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(Coauthors: Senators Anderson, Knight, and Wyland)

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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 amended, 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 officerbegin insert appointed prior to July 1, 2015,end insert to satisfactorily complete at least 40 hours of continuing education and training relating to the powers and duties of an animal control officer,begin insert no later than July 1, 2018, and every 3 years thereafter,end insert as specified.begin insert The bill would require every animal control officer appointed on or after July 1, 2015, to comply with those requirements within 3 years of the date of his or her appointment, and every 3 years thereafter.end insert

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The bill would specify that the above training and continuing training requirements do not apply to an animal control officer who is a peace officer.

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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:

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SECTION 1.  

Section 830.9 of the Penal Code is amended to
2read:

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830.9.  

(a) Animal control officers are not peace officers but
4may exercise the powers of arrest of a peace officer as specified
5in Section 836 and the power to serve warrants as specified in
6Sections 1523 and 1530 during the course and within the scope of
7their employment, if those officers successfully complete a course
8in the exercise of those powers pursuant to Section 832.

9(b) begin insert(1)end insertbegin insertend insert Every person appointed as an animal control officer
10prior to July 1, 2015, shall complete a course in the exercise of the
11powers of arrest and to serve warrants pursuant to Section 832 no
12later than July 1, 2016. That part of the training course specified
13in Section 832 pertaining to the carrying and use of firearms shall
P3    1not be required for any animal control officer whose employing
2agency prohibits the use of firearms.

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3(2) An animal control officer who completed a course in the
4exercise of the powers of arrest and to serve warrants pursuant
5to Section 832 prior to January 1, 2015, shall be deemed to have
6satisfied the training requirements described in paragraph (1).

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7(c) Every person appointed as an animal control officer on or
8after July 1, 2015, shall complete a course in the exercise of the
9powers of arrest and to serve warrants pursuant to Section 832
10within one year of his or her appointment. That part of the training
11course specified in Section 832 pertaining to the carrying and use
12of firearms shall not be required for any animal controlbegin delete officersend delete
13begin insert officer end insertwhose employing agency prohibits the use of firearms.

14(d) Every animal control officer described in this section, prior
15to the exercise of the powers of arrest and to serve warrants, shall
16have satisfactorily completed the course of training described in
17Section 832.

18(e) Every person appointed as a director, manager, supervisor,
19or any person in control of an animal control agency on or after
20July 1, 2015, shall complete a course in the exercise of the powers
21of arrest and to serve warrants pursuant to Section 832 within one
22year of his or her appointment.

23(f) (1) During each three-year period following the date begin delete of
24appointment as an animal control officerend delete
begin insert described in paragraph
25(2)end insert
, every animal control officer shall satisfactorily complete at
26least 40 hours of continuing education and training relating to the
27powers and duties of an animal control officer, which education
28and training shall be sponsored or provided by an accredited
29postsecondary institution, the Commission on Peace Officer
30Standards and Training, a law enforcement agency, the National
31Animalbegin insert Care andend insert Control Association, the California Animal
32Control Directors Association,begin insert California Veterinary Medical
33Association,end insert
or the State Humane Association of California.

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34(2) Every animal control officer appointed prior to July 1, 2015,
35shall complete the requirements of paragraph (1) no later than
36July 1, 2018, and every three years thereafter. Every animal control
37officer appointed on or after July 1, 2015, shall comply with the
38requirements of paragraph (1) within three years of the date of
39his or her appointment, and every three years thereafter.

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40(2)

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P4    1begin insert(end insertbegin insert3)end insert The minimum hours and required topics of continuing
2education and trainingbegin delete shallend deletebegin insert mayend insert be determined by the California
3Animal Control Directors Association.begin insert Continuing education and
4training shall include at least four hours of course work in the
5exercise of the powers of arrest and to serve warrants taught by
6a Commission on Peace Officer Standards and Training certified
7instructor.end insert

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8(3)

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9begin insert(end insertbegin insert4)end insert Records of training shall be maintained by the animal control
10officer’s employing agency.

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11(4)

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12begin insert(end insertbegin insert5)end insert The failure to satisfactorily complete the continuing
13 education and training requirements under this subdivision within
1490 days after the expiration of each three-year period shall result
15in the immediate suspension of the authority granted under
16subdivision (a).

17(g) Nothing in this section shall be construed to supersede any
18existing training requirements, including, but not limited to, the
19training requirements set forth in subdivision (g) of Section 22295.

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20(h) This section does not apply to an animal control officer who
21is a peace officer pursuant to Section 830.1.

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22(h)

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23begin insert(end insertbegin inserti)end insert For the purposes of this section, “firearms” includes capture
24guns, blowguns, carbon dioxide operated rifles and pistols, air
25guns, handguns, rifles, and shotguns.

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SEC. 2.  

If the Commission on State Mandates determines that
27this act contains costs mandated by the state, reimbursement to
28local agencies and school districts for those costs shall be made
29pursuant to Part 7 (commencing with Section 17500) of Division
304 of Title 2 of the Government Code.



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