Amended in Assembly March 16, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 247

Introduced by Assembly Member Waldron

February 9, 2015

An act to amend Section begin delete 830 of the Penal Code, relating to peace end delete begin insert 30652 of the Food and Agricultural Code, and to amend Section 830.9 of the Penal Code, relating to animal control end insert officers.

LEGISLATIVE COUNSEL’S DIGEST

AB 247, as amended, Waldron. begin delete Peace officers. end delete begin insert Animal control officers. end insert

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(1) 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.

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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.

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This bill would require every person appointed as an animal control officer prior to July 1, 2016, to complete a course in the exercise of the powers of arrest and to serve warrants no later than July 1, 2017. This bill would require every person appointed as an animal control officer, and every person appointed as a director, manager, or supervisor, or any person in direct control of an animal control agency, on or after July 1, 2016, 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.

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This bill would also require every animal control officer appointed prior to July 1, 2016, to satisfactorily complete at least 40 hours of continuing education and training relating to the powers and duties of an animal control officer, no later than July 1, 2019, and every 3 years thereafter, as specified. The bill would require every animal control officer appointed on or after July 1, 2016, to comply with those requirements within 3 years of the date of his or her appointment, and every 3 years thereafter.

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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.

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(2) Existing law provides for the regulation and licensing of dogs, including the issuance of dog license tags. Existing law requires that fees for the issuance of dog license tags and fines collected for a violation of the provisions regulating and licensing dogs be paid into the county, city, or city and county treasury and that they be used for specified purposes, including to pay costs and expenses for the enforcement of those provisions.

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This bill would expand the list of purposes for which those fees and fines shall be used to include paying for initial and in-service training for persons charged with enforcing animal control laws, including animal control officers.

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(3) 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.

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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.

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Existing law designates which persons are peace officers, and provides that no person is a peace officer if not so designated.

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This bill would make a technical, nonsubstantive change to that provision.

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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:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 30652 of the end insert begin insert Food and Agricultural Code end insert
begin insert is amended to read: end insert

30652.  

All fees for the issuance of dog license tags and all
fines collected pursuant to this division shall be paid into the
county, city, or city and county treasury, as the case may be, and
shall be used:

(a) First, to pay fees for the issuance of dog license tags.

(b) Second, to pay fees, salaries, costs, expenses, or any or all
of them for the enforcement of this division and all ordinances
which are made pursuant to this division.

(c) Third, to pay damages to owners of livestock which are
killed by dogs.

(d) Fourth, to pay costs of any hospitalization or emergency
care of animals pursuant to Section 597f of the Penal Code.

begin insert

(e) Fifth, to pay for initial and in-service training for persons
charged with enforcing animal control laws, including animal
control officers.

end insert

begin insert

begin insert SEC. 2. end insert   

end insert

begin insert Section 830.9 of the end insert begin insert Penal Code end insert begin insert is amended to read: end insert

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) (1) Every person appointed as an animal control officer
prior to July 1, 2016, 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, 2017. 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

(2) An animal control officer who completed a course in the
exercise of the powers of arrest and to serve warrants pursuant
to Section 832 prior to January 1, 2016, shall be deemed to have
satisfied the training requirements described in paragraph (1).

end insert begin insert

(c) Every person appointed as an animal control officer on or
after July 1, 2016, 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 officer
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.

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(e) Every person appointed as a director, manager, or
supervisor, or any person in direct control of an animal control
agency, on or after July 1, 2016, 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
described in paragraph (2), 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 Care and Control
Association, the California Animal Control Directors Association,
the California Veterinary Medical Association, or the State
Humane Association of California.

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(2) Every animal control officer appointed prior to July 1, 2016,
shall comply with the requirements of paragraph (1) no later than
July 1, 2019, and every three years thereafter. Every animal control
officer appointed on or after July 1, 2016, shall comply with the
requirements of paragraph (1) within three years of the date of
his or her appointment, and every three years thereafter.

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(3) The minimum hours and required topics of continuing
education and training may be determined by the California Animal
Control Directors Association. Continuing education and training
shall include at least four hours of course work in the exercise of
the powers of arrest and to serve warrants taught by a Commission
on Peace Officer Standards and Training certified instructor. This
section does not restrict the ability of an agency employing an
animal control officer from providing the training required by this
subdivision utilizing instructors or curriculum from within the
agency or from an allied agency, provided the topic and length of
instruction otherwise comply with this subdivision.

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

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(5) 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).

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(g) This section does not supersede any existing training
requirements, including, but not limited to, the training
requirements set forth in subdivision (g) of Section 22295.

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

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For

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begin insert (i) 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.

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begin insert SEC. 3. end insert   

end insert begin insert

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.

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begin delete

SECTION 1.  

Section 830 of the Penal Code is amended to
read:

830.  

Any person who comes within the provisions of this
chapter and who otherwise meets all standards imposed by law on
a peace officer is a peace officer. Notwithstanding any other law,
only a person designated in this chapter is a peace officer. The
restriction of peace officer functions of any public officer or
employee shall not affect his or her status for purposes of
retirement.

end delete