BILL ANALYSIS Ó
AB 247
Page 1
Date of Hearing: April 7, 2015
Counsel: David Billingsley
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Bill Quirk, Chair
AB
247 (Waldron) - As Amended March 24, 2015
SUMMARY: Establishes continuing education training for animal
control officers and includes initial and continuing education
for animal control officers in the list of items for which fees
from dog license tags may be used. Specifically, this bill:
1)Requires persons appointed as an animal control officer (ACO)
complete a course in the exercise of the powers of arrest.
ACOs appointed before January 1, 2016 shall complete training
by January 1, 2017. Any ACOs appointed after that date shall
complete the training within one year of appointment.
2)Requires 40 hours of continuing education and training
relating to the duties of an animal control officer during
each three year period from July 1, 2016, or from date of
appointment.
3)Requires that continuing education include at least four hours
of course work in the exercise of powers of arrest and to
serve warrants taught by a Commission on Peace Officer
Standards and Training certified instructor, four hours of
coursework in officer safety, four hours or coursework in
animal-related laws, four hours of coursework in conducting
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investigations, and four hours of coursework in one or more of
the topics of animal handling, animal care, animal diseases,
or public health.
4)Requires the continuing education be 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.
5)Requires every person appointed as a director, manager, or
supervisor to complete a course in the exercise of the power
of arrest within one year of appointment.
6)Provides that failure to satisfactorily complete the
continuing education and training requirements within 90 days
after the expiration of each three-year period shall result in
the immediate suspension of the authority to arrest and serve
warrants.
7)Allows fees from the issuance of dog license tags and fines
collected in enforcement of license tags may be used to pay
for initial and in-service training for persons charged with
enforcing animal control laws, including animal control
officers.
EXISTING LAW:
1) States that animal control officers are not peace officers
but may exercise the powers of arrest of a peace officer as
specified in California Penal Code section 836 and the power
to serve warrants as specified in California Penal Code
sections 1523 and 1530 during the course and with the scope
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of their employment, if those officers successfully complete
a course in the exercise of those powers pursuant to
California Penal Code section 832. (Pen. Code, § 830.9.)
2) That part of the training course 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. (Pen. Code, § 830.9.)
3) Requires peace officers, and specified other public officers
"not a peace officer," including animal control officers, to
complete training prescribed by the Commission on Peace
Officer Standards and Training (POST) and to pass an
appropriate POST examination. ((Pen. Code, § §, 830.9, 832.)
4) States that an arrest is taking a person into custody, in a
case and in the manner authorized by law and that an arrest
may be made by a peace officer or a private person. ((Pen.
Code, § 834.)
5) An arrest is made by an actual restraint of the person, or
by submission to the custody of an officer. The person
arrested may be subjected to such restraint as is reasonable
for his or her arrest and detention. ((Pen. Code, § 835.)
6) A private person may arrest another person for a public
offense committed or attempted in his or her presence, when
the person arrested has committed a felony regardless of
whether it was committed in his or her presence, and when a
felony has been committed and he or she has reasonable cause
for believing the person to be arrested has committed it.
((Pen. Code, § 837.)
7) With limited exceptions, a peace officer may arrest a person
when the officer has reasonable cause to believe the person
to be arrested has committed a public offense in the
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officer's presence, when the person arrested has committed a
felony regardless of whether it was committed in the
officer's presence, and when the officer has reasonable cause
to believe the person to be arrested has committed a felony.
((Pen. Code, § 836.)
FISCAL EFFECT: Unknown
COMMENTS:
1)Author's Statement: According to the author, "AB 247 requires
ACOs to complete a standardized training course in the powers
of arrest and the powers of serving warrants. The bill also
requires ACOs to complete continuing education and training
courses once every three years. The provisions of the bill are
self-regulating and give local jurisdictions flexibility how
they want to meet the training guidelines set by the
California Animal Control Directors Association, including
no-cost and in-house training.
"Animal control officers (ACOs) need training throughout their
career to properly to carry out the job's responsibilities.
Additional training will ensure the safety of the ACOs and
allow them to adequately handle dangerous situations. AB 247
will ensure that ACOs safely conduct their duties and will
prevent unintended abuse of authority."
2)Cost Concerns of Counties: Rural County Representatives of
California (RCRC) and the California State Association of
Counties (CSAC) expressed concerns that training would still
impose costs on the county in spite of state reimbursement and
that state funding for the training might be eliminated in
future years after the public has a new level of expectation
of service.
3)Current Training Materials Available for Animal Control
Officers. POST currently provides a DVD specifically on
warrant service and building entry tactics. POST has other
training materials on DVD and Webinar which include Officer
Safety, Stress Management, Search Warrant Fundamentals,
Surviving Deadly Assaults. American Society for the
Prevention of Cruelty to Animals (ASPCA) has webinars which
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have content related to the duties of animal control officers.
4)2012 death of Animal Control Officer Roy Marcum: In
November 2012, an unarmed animal control officer was shot
and killed in Sacramento County . . . while trying to
retrieve pets from a home whose owner was evicted the
previous day.
The officer had gone to the home to rescue dogs and cats
authorities thought had been left behind, a day after
Joseph Francis Corey was served an eviction notice and a
sheriff's deputy changed the locks.
The officer - Roy Curtis Marcum, 45, of Elk Grove - and a
bank employee knocked on the door when Corey fired a
shotgun through the door, striking the officer in the
torso, Sacramento County Sheriff's Sgt. Jason Ramos said.
(Calif. animal control officer killed in eviction, The
Daily Republic, November 30, 2012.)
The Humane Society and Roy Curtis Marcum Foundations are
co-sponsoring the legislation and feel that additional
training will help avoid more situations like Roy
Marcum's. According to the Humane Society and the Roy
Curtis Marcum Foundation, who are co-sponsoring this
legislation:
"Despite the duties of enforcing state and local laws,
including felonies, there is no standardized training or
in-service training for ACOs. In fact, humane officers
and security guards have stricter training requirements
than ACOs. The lack of officer training can contribute
to tragic results. In 2012, Sacramento County Animal
Care and Regulation Officer Roy C. Marcum was fatally
shot through the front door by an irate animal owner.
Despite Officer Marcum's years of experience, he lacked
the necessary and ongoing training to safely address the
hazards he faced." They support that the proposed
legislation seeks to standardize training on the powers
of arrest and requires continuing education and training.
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5)Argument in Support: According to the Humane Society of
the United States, "Animal control officers (ACOs) are no
longer just dog catchers. They are animal law
enforcement officers, with all of the obligations,
authority-and dangers-of peace officers. They respond to
life-threatening emergency calls daily, protecting the
lives of both people and animals.
"Almost all are unarmed-usually having only a clipboard and
a catch pole for protection-yet they investigate felony
crimes, from murder to the most heinous and sadistic
animal abuse, putting people in state prison. They are
usually alone day and night-without the assistance of
peace officers.
"Despite the duties of enforcing state and local laws,
including felonies, there is no standardized training or
in-service training for ACOs. In fact, humane officers
and security guards have stricter training requirements
than ACOs. The lack of officer training can contribute
to tragic results. In 2012, Sacramento County Animal
Care and Regulation Officer Roy C. Marcum was fatally
shot through the front door by an irate animal owner.
Despite Officer Marcum's years of experience, he lacked
the necessary and ongoing training to safely address the
hazards he faced.
"AB 247 requires all ACOs to complete a standardized
training course in the powers of arrest and to serve
warrants and requires a minimum 40 hours of continuing
education and training every three years to protect ACOs
as they perform their duties. This will ensure that ACOs
safely conduct their duties and will prevent inadvertent
abuse of authority. The confidence that comes with
training will also increase appropriate protection of
even more animals and people.
"AB 247 does not change a local jurisdiction's ability to
decide the level of authority that ACOs may ultimately
exercise. Additionally, the bill does not change ACOs
status as a non-peace officer, and will not provide a
pathway for peace officer status nor expand the use of
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firearms. The bill simply seeks to standardize and
provide continuing ACO training in existing powers and
duties. AB 247 takes the necessary action to ensure that
all ACOs have basic training in approaching potentially
dangerous situations, are better prepared to address
combatant animal owners, and know the boundaries of their
duties. In addition, the training will help reduce a
jurisdiction's costs related to liability and workers'
compensation claims."
6)Argument in Opposition: According to Jolena Voorhis of
the Urban Counties Caucus, "While generally we are in
support of training, by requiring animal control
officials to receive specific training, this bill would
have a fiscal impact on counties. For urban counties,
many of which may have several animal control officers,
this could be a significant fiscal impact. The bill does
allow dog licenses fees to be used to provide funding,
however, our counties have noted that this will not cover
the cost of this training. Until the bill provides a
funding source to cover the cost of this training, UCC
will have to remain opposed."
7)Related Legislation: SB 237 (Anderson and Leno), of this
legislative session, requires training for animal control
officers in the exercise of the powers of arrest and to
serve warrants. The bill would also require animal
control officers to complete at least 40 hours of
continuing education and training during each three year
period. Adds training of animal control officers to the
list of beneficiaries of dog license fees. SB 237 is
pending hearing by the Senate Appropriations Committee.
8)Prior Legislation:
a) AB 1511 (Gaines), Chapter 449, Statutes of 2014,
allowed animal control officers to access summary
criminal history information from a criminal justice
agency when necessary for the performance of his or
her official duties and upon a showing of compelling
need.
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b) SB 1278 (Leno and Wyland), of the 2013 - 2014
Legislative Session, , would have required initial
training of animal control officers and 40 hours of
continuing education every three years. Proposed use
of dog license fees to be used for the training of
animal control officers. SB 1278 was held in the
Senate Appropriations Committee.
c) SB 1162 (Runner), Chapter 594, Statutes of 2012,
authorized animal control officers to possess and
administer a tranquilizer that contains a controlled
substance to wild, stray, or abandoned animal, with
direct or indirect supervision as determined by a
licensed veterinarian, provided that the officer meets
prescribed training requirements.
d) SB 1190 (Cedillo), Chapter 109, Statutes of 2012,
removed the requirement that animal control officers
and illegal dumping enforcement officers complete
training, certified by the Department of Consumer
Affairs, in order to be permitted to carry a club or
baton and instead required the officers to complete
training approved by the Commission on Peace Officer
Standards and Training in the carrying and use of the
club or baton.
REGISTERED SUPPORT / OPPOSITION:
Support
California Attorneys for Criminal Justice
LIUNA Locals 777 & 792
The Humane Society
Opposition
Urban Counties Caucus
AB 247
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Analysis Prepared
by: David Billingsley / PUB. S. / (916) 319-3744