BILL NUMBER: AB 797	AMENDED
	BILL TEXT

	AMENDED IN SENATE  AUGUST 1, 2016
	AMENDED IN SENATE  JUNE 6, 2016
	AMENDED IN SENATE  MAY 23, 2016
	AMENDED IN SENATE  AUGUST 31, 2015
	AMENDED IN SENATE  AUGUST 17, 2015
	AMENDED IN ASSEMBLY  APRIL 6, 2015

INTRODUCED BY   Assembly Members Steinorth and Santiago
   (Principal coauthor: Assembly Member Quirk)
   (Principal coauthor: Senator Glazer)
   (Coauthors: Assembly Members  Atkins,  Bloom, Brown,
Campos, Chang, Chávez, Chiu, Cristina Garcia, Eduardo Garcia, Lackey,
Maienschein, McCarty, and Waldron)
   (Coauthors: Senators Anderson and Pavley)

                        FEBRUARY 26, 2015

   An act to add Section 43.100 to the Civil Code, and to amend
Section 597.7 of the Penal Code, relating to trespass.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 797, as amended, Steinorth. Motor vehicles: rescue or provision
of care for animal: civil and criminal liability.
   Existing law authorizes a peace officer, humane officer, or animal
control officer to take all steps reasonably necessary to remove an
animal from a motor vehicle because the animal's safety appears to be
in immediate danger of specified harm. Existing law requires those
persons who remove an animal from a vehicle to take the animal to an
animal shelter or other place of safekeeping or, if deemed necessary,
to a veterinary hospital for treatment, and to leave a notice in the
vehicle that notifies the owner of, among other things, the location
where the animal may be claimed. Existing law authorizes the owner
to claim the animal only after paying all charges that have accrued
for the maintenance, care, medical treatment, or impoundment of the
animal.
   This bill would expand the authorization and requirements
applicable to a peace officer, humane officer, or animal control
officer described above to include a firefighter or other emergency
responder. The bill would additionally provide that a person may be
required to pay for charges that have accrued for the maintenance,
care, medical treatment, or impoundment of the animal removed from
the vehicle. The bill would exempt a person from criminal liability
for actions taken reasonably and in good faith to remove an animal
from a vehicle under the circumstances described above if the person
satisfies specified conditions, including immediately turning the
animal over to a representative from law enforcement, animal control,
or other emergency responder who responds to the scene. The bill
would exempt a person from civil liability for property damage or
trespass to a motor vehicle if the property damage or trespass
occurred while the person was rescuing an animal pursuant to these
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 43.100 is added to the Civil Code, to read:
   43.100.  (a) There shall not be any civil liability on the part
of, and no cause of action shall accrue against, a person for
property damage or trespass to a motor vehicle, if the damage was
caused while the person was rescuing an animal in accordance with
subdivision (b) of Section 597.7 of the Penal Code.
   (b) The immunity from civil liability for property damage to a
motor vehicle  that is  established by subdivision (a) does
not affect a person's civil liability or immunity from civil
liability for rendering aid to an animal.
  SEC. 2.  Section 597.7 of the Penal Code is amended to read:
   597.7.  (a) A person shall not leave or confine an animal in any
unattended motor vehicle under conditions that endanger the health or
well-being of an animal due to heat, cold, lack of adequate
ventilation, or lack of food or water, or other circumstances that
could reasonably be expected to cause suffering, disability, or death
to the animal.
   (b) (1) This section does not prevent a person from taking
reasonable steps that are necessary to remove an animal from a motor
vehicle if the person holds a reasonable belief that the animal's
safety is in immediate danger from heat, cold, lack of adequate
ventilation, lack of food or water, or other circumstances that could
reasonably be expected to cause suffering, disability, or death to
the animal.
   (2) A person who removes an animal from a vehicle in accordance
with paragraph (1) is not criminally liable for actions taken
reasonably and in good faith if the person does all of the following:

   (A) Determines the vehicle is locked or there is otherwise no
reasonable manner for the animal to be removed from the vehicle.
   (B) Has a good faith belief that forcible entry into the vehicle
is necessary because the animal is in imminent danger of suffering
harm if it is not immediately removed from the vehicle, and, based
upon the circumstances known to the person at the time, the belief is
a reasonable one.
   (C) Has contacted a local law enforcement agency, the fire
department, animal control, or the "911" emergency service prior to
forcibly entering the vehicle.
   (D) Remains with the animal in a safe location, out of the
elements but reasonably close to the vehicle, until a peace officer,
humane officer, animal control officer, or another emergency
responder arrives.
   (E) Used no more force to enter the vehicle and remove the animal
from the vehicle than was necessary under the circumstances.
   (F) Immediately turns the animal over to a representative from law
enforcement, animal control, or another emergency responder who
responds to the scene.
   (c) Unless the animal suffers great bodily injury, a first
conviction for violation of this section is punishable by a fine not
exceeding one hundred dollars ($100) per animal. If the animal
suffers great bodily injury, a violation of this section is
punishable by a fine not exceeding five hundred dollars ($500),
imprisonment in a county jail not exceeding six months, or by both a
fine and imprisonment. Any subsequent violation of this section,
regardless of injury to the animal, is also punishable by a fine not
exceeding five hundred dollars ($500), imprisonment in a county jail
not exceeding six months, or by both a fine and imprisonment.
   (d) (1) This section does not prevent a peace officer,
firefighter, humane officer, animal control officer, or other
emergency responder from removing an animal from a motor vehicle if
the animal's safety appears to be in immediate danger from heat,
cold, lack of adequate ventilation, lack of food or water, or other
circumstances that could reasonably be expected to cause suffering,
disability, or death to the animal.
   (2) A peace officer, firefighter, humane officer, animal control
officer, or other emergency responder who removes an animal from a
motor vehicle, or who takes possession of an animal that has been
removed from a motor vehicle, shall take it to an animal shelter or
other place of safekeeping or, if the officer deems necessary, to a
veterinary hospital for treatment. The owner of the animal removed
from the vehicle may be required to pay for charges that have accrued
for the maintenance, care, medical treatment, or impoundment of the
animal.
   (3) A peace officer, firefighter, humane officer, animal control
officer, or other emergency responder is authorized to take all steps
that are reasonably necessary for the removal of an animal from a
motor vehicle, including, but not limited to, breaking into the motor
vehicle, after a reasonable effort to locate the owner or other
person responsible.
   (4) A peace officer, firefighter, humane officer, animal control
officer, or other emergency responder who removes an animal from a
motor vehicle or who receives an animal rescued from a vehicle from
another person shall, in a secure and conspicuous location on or
within the motor vehicle, leave written notice bearing his or her
name and office, and the address of the location where the animal can
be claimed. The animal may be claimed by the owner only after
payment of all charges that have accrued for the maintenance, care,
medical treatment, or impoundment of the animal.
   (5) Except as provided in subdivision (b), this section does not
affect in any way existing liabilities or immunities in current law,
or create any new immunities or liabilities.
   (e) Nothing in this section shall preclude prosecution under both
this section and Section 597 or any other provision of law, including
city or county ordinances.
   (f) Nothing in this section shall be deemed to prohibit the
transportation of horses, cattle, pigs, sheep, poultry, or other
agricultural animals in motor vehicles designed to transport such
animals for agricultural purposes.