Amended in Assembly March 24, 2015

Amended in Assembly March 16, 2015

California Legislature—2015–16 Regular Session

Assembly BillNo. 247


Introduced by Assembly Member Waldron

February 9, 2015


An act to amend Section 30652 of the Food and Agricultural Code, and to amend Section 830.9 of the Penal Code, relating to animal control officers.

LEGISLATIVE COUNSEL’S DIGEST

AB 247, as amended, Waldron. Animal control officers.

(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.

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, 2016, to complete a course in the exercise of the powers of arrestbegin delete and to serve warrantsend delete 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 ofbegin insert the officers employed byend insert an animal control agency, on or after July 1, 2016, to complete a course in the exercise of the powers of arrestbegin delete and to serve warrantsend delete 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 ofbegin delete arrest and to serve warrants,end deletebegin insert arrest,end insert to have satisfactorily completed the required course of training.

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.

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.

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

(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.

This bill would expand the list of purposes for which those fees and finesbegin delete shallend deletebegin insert are required toend insert be used to include paying for initial and in-service training for persons charged with enforcing animal control laws, including animal control officers.

(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.

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:

P3    1

SECTION 1.  

Section 30652 of the Food and Agricultural Code
2 is amended to read:

3

30652.  

All fees for the issuance of dog license tags and all
4fines collected pursuant to this division shall be paid into the
5county, city, or city and county treasury, as the case may be, and
6shall be used:

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

8(b) Second, to pay fees, salaries, costs, expenses, or any or all
9of them for the enforcement of this division and all ordinances
10which are made pursuant to this division.

11(c) Third, to pay damages to owners of livestock which are
12killed by dogs.

13(d) Fourth, to pay costs of any hospitalization or emergency
14care of animals pursuant to Section 597f of the Penal Code.

15(e) Fifth, to pay for initial and in-service training for persons
16charged with enforcing animal control laws, including animal
17control officers.

18

SEC. 2.  

Section 830.9 of the Penal Code is amended to read:

19

830.9.  

(a)  Animal control officers are not peace officers but
20may exercise the powers of arrest of a peace officer as specified
21in Section 836 and the power to serve warrants as specified in
22Sections 1523 and 1530 during the course and within the scope of
23their employment, if those officers successfully complete a course
24in the exercise of those powers pursuant to Section 832.

25(b) (1) Every person appointed as an animal control officer
26prior to July 1, 2016, shall complete a course in the exercise of the
27powers of arrestbegin delete and to serve warrantsend delete pursuant to Section 832 no
28later than July 1, 2017. That part of the training course specified
29in Section 832 pertaining to the carrying and use of firearms shall
30not be required for any animal control officer whose employing
31agency prohibits the use of firearms.

32(2) An animal control officer who completed a course in the
33exercise of the powers of arrestbegin delete and to serve warrantsend delete pursuant to
34Section 832 prior to January 1, 2016,begin insert and who has not had a break
35in employment, as an animal control officer or other position that
36utilized a peace officer’s powers of arrest and to serve warrants,
37of longer than three years,end insert
shall be deemed to have satisfied the
38training requirements described in paragraph (1).

P4    1(c) Every person appointed as an animal control officer on or
2after July 1, 2016, shall complete a course in the exercise of the
3powers of arrestbegin delete and to serve warrantsend delete pursuant to Section 832
4within one year of his or her appointment. That part of the training
5course specified in Section 832 pertaining to the carrying and use
6of firearms shall not be required for any animal control officer
7whose employing agency prohibits the use of firearms.

8(d) Every animal control officer described in this section, prior
9to the exercise of the powers ofbegin delete arrest and to serve warrants,end deletebegin insert arrest,end insert
10 shall have satisfactorily completed the course of training described
11in Section 832.begin insert An animal control officer is not required to repeat
12the course of training described in Section 832 if the officer has
13not had a break in employment, as an animal control officer or
14other position that utilized a peace officer’s powers of arrest and
15to serve warrants, of longer than three years.end insert

16(e) Every person appointed as a director, manager, or supervisor,
17or any person in direct control ofbegin insert the officers employed byend insert an
18animal control agency, on or after July 1, 2016, shall complete a
19course in the exercise of the powers of arrestbegin delete and to serve warrantsend delete
20 pursuant to Section 832 within one year of his or her appointment.

21(f) (1) During each three-year period following the date
22described in paragraph (2), every animal control officer shall
23satisfactorily complete at least 40 hours of continuing education
24and training relating to the powers and duties of an animal control
25officer, which education and training shall be sponsored or
26provided by an accredited postsecondary institution, the
27Commission on Peace Officer Standards and Training, a law
28enforcement agency, the National Animal Care and Control
29Association, the California Animal Control Directors Association,
30the California Veterinary Medical Association, or the State Humane
31Association of California.

32(2) Every animal control officer appointed prior to July 1, 2016,
33shall comply with the requirements of paragraph (1) no later than
34July 1, 2019, and every three years thereafter. Every animal control
35officer appointed on or after July 1, 2016, shall comply with the
36 requirements of paragraph (1) within three years of the date of his
37or her appointment, and every three years thereafter.

38(3) begin deleteThe minimum hours and required topics of continuing
39education and training may be determined by the California Animal
40Control Directors Association. end delete
Continuing education and training
P5    1shall include at least four hours ofbegin delete course workend deletebegin insert courseworkend insert in the
2exercise of the powers of arrest and to serve warrants taught by a
3Commission on Peace Officer Standards and Training certified
4begin delete instructor.end deletebegin insert instructor, four hours of courseend insertbegin insertwork in officer safety,
5four hours of courseend insert
begin insertwork in animal-related laws, four hours of
6courseend insert
begin insertwork in conducting investigations, and four hours of
7courseend insert
begin insertwork in one or more of the topics of animal handling, animal
8care, animal diseases, or public health.end insert
This section does not
9restrict the ability of an agency employing an animal control officer
10from providing the training required by this subdivision utilizing
11instructors or curriculum from within the agency or from an allied
12agency, provided the topic and length of instruction otherwise
13comply with this subdivision.

14(4) Records of training shall be maintained by the animal control
15officer’s employing agency.

16(5) The failure to satisfactorily complete the continuing
17education and training requirements under this subdivision within
1890 days after the expiration of each three-year period shall result
19in the immediate suspension of the authority granted under
20subdivision (a).

21(g) This section does not supersede any existing training
22requirements, including, but not limited to, the training
23requirements set forth in subdivision (g) of Section 22295.

24(h) This section does not apply to an animal control officer who
25is a peace officer pursuant to Section 830.1.

26(i) For the purposes of this section, “firearms” includes capture
27guns, blowguns, carbon dioxide operated rifles and pistols, air
28guns, handguns, rifles, and shotguns.

29

SEC. 3.  

If the Commission on State Mandates determines that
30this act contains costs mandated by the state, reimbursement to
31local agencies and school districts for those costs shall be made
32pursuant to Part 7 (commencing with Section 17500) of Division
334 of Title 2 of the Government Code.



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