BILL ANALYSIS Ó
AB 797
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
797 (Steinorth and Santiago)
As Amended August 1, 2016
Majority vote
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|ASSEMBLY: | | (April 30, |SENATE: | 37-0 | (August 15, |
| | |2015) | | |2016) |
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(vote not relevant)
Original Committee Reference: A. & A.R.
SUMMARY: Exempts a person from civil and criminal liability for
property damage or trespass to a motor vehicle if the property
damage or trespass occurred while the person was rescuing an
animal under specified circumstances.
The Senate amendments delete the Assembly version of this bill,
and instead:
1)Provide that a person is not prevented 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
AB 797
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circumstances that could reasonably be expected to cause
suffering, disability, or death to the animal.
2)Provide that a person who removes an animal from a vehicle in
accordance with 1), above 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.
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3)Provide that 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 the provisions specified in 2) above. Clarify
that this immunity from civil liability for property damage to
a motor vehicle does not affect a person's civil liability or
immunity from civil liability for rendering aid to an animal.
4)Clarify that firefighters are included among those public
officers that are authorized under existing law to follow
specified procedures to rescue an animal from a motor vehicle.
EXISTING LAW:
1)Prohibits a person from leaving or confining 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. (Penal Code
Section (PEN) 597.7 (a).)
2)Provides that a first conviction for violation of the above
rule is punishable by a fine not exceeding $100 per animal,
unless the animal suffers great bodily injury, in which case
the violation is punishable by a fine not exceeding $500,
imprisonment in a county jail not exceeding six months, or by
both a fine and imprisonment. Further provides that any
subsequent violation of this section, regardless of injury to
the animal, is also punishable by a fine not exceeding $500,
imprisonment in a county jail not exceeding six months, or by
both a fine and imprisonment. (PEN 597.7 (b).)
3)Clarifies that these provisions do not prevent any peace
officer, humane officer, or animal control officer from
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following specified procedures to rescue an animal from a
motor vehicle. (PEN 597.7 (c).)
FISCAL EFFECT: None
COMMENTS: This bill, co-sponsored by the Humane Society of the
United States and the Los Angeles District Attorney, seeks to
establish specified immunity from civil and criminal liability
for any person who acts to rescue an animal facing imminent
danger while left unattended in a motor vehicle.
According to the author: "California's existing 'Good Samaritan'
statute does not protect a person from liability from acting to
rescue an animal facing imminent danger from being trapped in a
hot car. As a result, well-intentioned people who notice an
animal illegally left in an unattended vehicle are unable to act
to save the pet from potential heat exhaustion or death in the
event that law enforcement or emergency responders are unable to
arrive in time to act."
Existing law prohibits any person from leaving or confining 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. Violations of
this rule range from up to $100 for a first conviction if the
animal does not suffer great bodily injury, or up to $500 and
six months' in county jail, or both, if the animal does suffer
great bodily injury. In order to encourage the rescue of
animals in such circumstances, this bill would authorize a
person to take 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.
AB 797
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In order to receive immunity from criminal and civil liability
under this bill, a person seeking to rescue an animal must
strictly follow specific steps identified by this bill prior to
entering the vehicle, including: 1) determining the vehicle is
locked or that there is otherwise no reasonable manner for the
animal to be removed from the vehicle; 2) having a good faith
belief that forcible entry into the vehicle is necessary because
the animal is in imminent danger of suffering harm if not
immediately removed from the vehicle, and based upon the
circumstances known to the person at the time, the belief is
reasonable; and 3) contacting local law enforcement prior to
forcibly entering the vehicle.
In addition, the person is required to use no more force than
necessary to enter the vehicle and remove the animal from the
vehicle. Following entry into the vehicle to rescue the animal,
the person is required to remain with the animal at a safe
location, out of the elements but reasonably close to the
vehicle, until an emergency responder arrives.
Analysis Prepared by:
Anthony Lew / JUD. / (916) 319-2334 FN: 0003736