Amended in Assembly April 12, 2016

Amended in Assembly March 28, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 2278

Introduced by Assembly Member Linder

February 18, 2016

An act to amend Section 597.1 of the Penal Code, relating to animals.

LEGISLATIVE COUNSEL’S DIGEST

AB 2278, as amended, Linder. Animal control: seizure of animals: costs.

(1) Existing law requires a peace officer, humane society officer, or animal control officer to take possession of a stray or abandoned animal, or any animal when the officer has reasonable grounds to believe that very prompt action is required to protect the health and safety of the animal or the health and safety of others. In the case of taking possession of a stray or abandoned animal, existing law requires the officer to provide care and treatment for the animal until the animal is deemed to be in suitable condition to be returned to the owner.

This bill would require a seizing organization or entity to provide care and treatment for a seized animal until the animal is placed, returned to the owner, or euthanized.

(2) Existing law requires the owner or keeper of an animal that is properly seized to be personally liable to the seizing agency for the cost of the seizure and care of the animal.

This bill begin delete would end delete begin insert would, subject to exception, end insert make the owner or keeper of the animal liable to the seizing agency, and if the animal is impounded, to the impounding agency, for the entire cost of the seizure or impoundment of the animal, including costs associated with preparing and posting notices and sending statements of charges. The bill would require the seizing and impounding agency to present the owner with a statement listing all accrued charges, as provided, either at the postseizure hearing or by personal service, first-class mail, or electronic mail, as specified. By imposing new duties on local seizing and impounding agencies, this bill would impose a state-mandated local program.

(3) Existing law permits the return of an animal only when the owner can demonstrate to the satisfaction of the seizing agency or hearing officer that the owner can and will provide the necessary care for the animal.

This bill begin delete would end delete begin insert would, subject to exception, end insert require that if the animal was seized pursuant to a search warrant that the court that issued or adjudicated the warrant give its express approval prior to the release of the animal to the owner.

(4) Existing law makes it a misdemeanor for every owner, driver, or keeper of an animal to permit the animal to be in any building, enclosure, lane, street, square, or lot of any city, county, city and county, or judicial district without proper care and attention. Existing law, in cases involving cats and dogs, allows a seizing entity or prosecuting attorney to file a petition in a criminal action to request that the court issue an order forfeiting an animal prior to the final disposition of the case.

This bill would make the above provision applicable to any animal.

(5) 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 no reimbursement is required by this act for a specified reason.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 597.1 of the Penal Code is amended to
read:

597.1.  

(a) (1) Each owner, driver, or keeper of any animal
who permits the animal to be in any building, enclosure, lane,
street, square, or lot of any city, county, city and county, or judicial
district without proper care and attention is guilty of a
misdemeanor. Any peace officer, humane officer, or animal control
officer shall take possession of the stray or abandoned animal until
the animal is deemed to be in suitable condition to be returned to
the owner. When the officer has reasonable grounds to believe that
very prompt action is required to protect the health or safety of the
animal or the health or safety of others, the officer shall
immediately seize the animal and comply with subdivision (f). In
all other cases, the officer shall comply with the provisions of
subdivision (g). If the animal is seized, the seizing organization
or agency shall provide care and treatment for the animal until the
animal is placed, returned to the owner, or euthanized. The full
cost of caring for and treating any animal properly seized under
this subdivision or pursuant to a search warrant shall constitute a
lien on the animal and the animal shall not be returned to its owner
until the charges are paid, if the seizure is upheld pursuant to this
section.

(2) Notwithstanding any other law, if an animal control officer
or humane officer, when necessary to protect the health and safety
of a wild, stray, or abandoned animal or the health and safety of
others, seeks to administer a tranquilizer that contains a controlled
substance, as defined in Division 10 (commencing with Section
11000) of the Health and Safety Code, to gain control of that
animal, he or she may possess and administer that tranquilizer with
direct or indirect supervision as determined by a licensed
veterinarian, provided that the officer has met each of the following
requirements:

(A) Has received training in the administration of tranquilizers
from a licensed veterinarian. The training shall be approved by
the Veterinary Medical Board.

(B) Has successfully completed the firearms component of a
course relating to the exercise of police powers, as set forth in
Section 832.

(C) Is authorized by his or her agency or organization to possess
and administer the tranquilizer in accordance with a policy
established by the agency or organization and approved by the
veterinarian who obtained the controlled substance.

(D) Has successfully completed the euthanasia training set forth
in Section 2039 of Title 16 of the California Code of Regulations.

(E) Has completed a state and federal fingerprinting background
check and does not have any drug- or alcohol-related convictions.

(b) Each sick, disabled, infirm, or crippled animal, except a dog
or cat, that is abandoned in any city, county, city and county, or
judicial district may be killed by the officer if, after a reasonable
search, no owner of the animal can be found. It shall be the duty
of all peace officers, humane officers, and animal control officers
to cause the animal to be killed or rehabilitated and placed in a
suitable home on information that the animal is stray or abandoned.
The officer may likewise take charge of any animal, including a
dog or cat, that by reason of lameness, sickness, feebleness, or
neglect, is unfit for the labor it is performing, or that in any other
manner is being cruelly treated, and provide care and treatment
for the animal until it is deemed to be in a suitable condition to be
returned to the owner. When the officer has reasonable grounds
to believe that very prompt action is required to protect the health
or safety of an animal or the health or safety of others, the officer
shall immediately seize the animal and comply with subdivision
(f). In all other cases, the officer shall comply with subdivision
(g). The full cost of caring for and treating any animal properly
seized under this subdivision or pursuant to a search warrant shall
constitute a lien on the animal and the animal shall not be returned
to its owner until the charges are paid.

(c) (1) Any peace officer, humane officer, or animal control
officer shall convey all injured cats and dogs found without their
owners in a public place directly to a veterinarian known by the
officer to be a veterinarian who ordinarily treats dogs and cats for
a determination of whether the animal shall be immediately and
humanely destroyed or shall be hospitalized under proper care and
given emergency treatment.

(2) If the owner does not redeem the animal within the locally
prescribed waiting period, the veterinarian may personally perform
euthanasia on the animal. If the animal is treated and recovers from
its injuries, the veterinarian may keep the animal for purposes of
adoption, provided the responsible animal control agency has first
been contacted and has refused to take possession of the animal.

(3) Whenever any animal is transferred to a veterinarian in a
clinic, such as an emergency clinic that is not in continuous
operation, the veterinarian may, in turn, transfer the animal to an
appropriate facility.

(4) If the veterinarian determines that the animal shall be
hospitalized under proper care and given emergency treatment,
the costs of any services that are provided pending the owner’s
inquiry to the responsible agency, department, or society shall be
paid from the dog license fees, fines, and fees for impounding dogs
in the city, county, or city and county in which the animal was
licensed or, if the animal is unlicensed, shall be paid by the
jurisdiction in which the animal was found, subject to the provision
that this cost be repaid by the animal’s owner. The full cost of
caring for and treating any animal seized under this subdivision
shall constitute a lien on the animal and the animal shall not be
returned to the owner until the charges are paid. No veterinarian
shall be criminally or civilly liable for any decision that he or she
makes or for services that he or she provides pursuant to this
subdivision.

(d) An animal control agency that takes possession of an animal
pursuant to subdivision (c) shall keep records of the whereabouts
of the animal from the time of possession to the end of the animal’s
impoundment, and those records shall be available for inspection
by the public upon request for three years after the date the animal’s
impoundment ended.

(e) Notwithstanding any other provision of this section, any
peace officer, humane officer, or any animal control officer may,
with the approval of his or her immediate superior, humanely
destroy any stray or abandoned animal in the field in any case
where the animal is too severely injured to move or where a
veterinarian is not available and it would be more humane to
euthanize the animal.

(f) Whenever an officer authorized under this section seizes or
impounds an animal based on a reasonable belief that prompt action
is required to protect the health or safety of the animal or the health
or safety of others, the officer shall, prior to the commencement
of any criminal proceedings authorized by this section, provide
the owner or keeper of the animal, if known or ascertainable after
reasonable investigation, with the opportunity for a postseizure
hearing to determine the validity of the seizure or impoundment,
or both.

(1) The agency shall cause a notice to be affixed to a
conspicuous place where the animal was situated or personally
deliver a notice of the seizure or impoundment, or both, to the
owner or keeper within 48 hours, excluding weekends and holidays.
The notice shall include all of the following:

(A) The name, business address, and telephone number of the
officer providing the notice.

(B) A description of the animal seized, including any
identification upon the animal.

(C) The authority and purpose for the seizure or impoundment,
including the time, place, and circumstances under which the
animal was seized.

(D) A statement that, in order to receive a postseizure hearing,
the owner or person authorized to keep the animal, or his or her
agent, shall request the hearing by signing and returning an
enclosed declaration of ownership or right to keep the animal to
the agency providing the notice within 10 days, including weekends
and holidays, of the date of the notice. The declaration may be
returned by personal delivery or mail.

(E) A statement that the full cost of caring for and treating any
animal properly seized under this section is a lien on the animal
and that the animal shall not be returned to the owner until the
charges are paid, and that failure to request or to attend a scheduled
hearing shall result in liability for this cost.

(2) The postseizure hearing shall be conducted within 48 hours
of the request, excluding weekends and holidays. The seizing
agency may authorize its own officer or employee to conduct the
hearing if the hearing officer is not the same person who directed
the seizure or impoundment of the animal and is not junior in rank
to that person. The agency may utilize the services of a hearing
officer from outside the agency for the purposes of complying with
this section.

(3) Failure of the owner or keeper, or of his or her agent, to
request or to attend a scheduled hearing shall result in a forfeiture
of any right to a postseizure hearing or right to challenge his or
her liability for costs incurred.

(4) The agency, department, or society employing the person
who directed the seizure shall be responsible for the costs incurred
for caring and treating the animal, if it is determined in the
postseizure hearing that the seizing officer did not have reasonable
grounds to believe very prompt action, including seizure of the
animal, was required to protect the health or safety of the animal
or the health or safety of others. If it is determined the seizure was
justified, the owner or keeper shall be personally liable to the
seizing agency for the full cost of the seizure and care of the
animal. The charges for the seizure and care of the animal shall
be a lien on the animal. The animal shall not be returned to its
owner until the charges are paid and the owner demonstrates to
the satisfaction of the seizing agency or the hearing officer that
the owner can and will provide the necessary care for the animal.

(g) Where the need for immediate seizure is not present and
prior to the commencement of any criminal proceedings authorized
by this section, the agency shall provide the owner or keeper of
the animal, if known or ascertainable after reasonable investigation,
with the opportunity for a hearing prior to any seizure or
impoundment of the animal. The owner shall produce the animal
at the time of the hearing unless, prior to the hearing, the owner
has made arrangements with the agency to view the animal upon
request of the agency, or unless the owner can provide verification
that the animal was humanely destroyed. Any person who willfully
fails to produce the animal or provide the verification is guilty of
an infraction, punishable by a fine of not less than two hundred
fifty dollars ($250) nor more than one thousand dollars ($1,000).

(1) The agency shall cause a notice to be affixed to a
conspicuous place where the animal was situated or personally
deliver a notice stating the grounds for believing the animal should
be seized under subdivision (a) or (b). The notice shall include all
of the following:

(A) The name, business address, and telephone number of the
officer providing the notice.

(B) A description of the animal to be seized, including any
identification upon the animal.

(C) The authority and purpose for the possible seizure or
impoundment.

(D) A statement that, in order to receive a hearing prior to any
seizure, the owner or person authorized to keep the animal, or his
or her agent, shall request the hearing by signing and returning the
enclosed declaration of ownership or right to keep the animal to
the officer providing the notice within two days, excluding
weekends and holidays, of the date of the notice.

(E) A statement that the cost of caring for and treating any
animal properly seized under this section is a lien on the animal,
that any animal seized shall not be returned to the owner until the
charges are paid, and that failure to request or to attend a scheduled
hearing shall result in a conclusive determination that the animal
may properly be seized and that the owner shall be liable for the
charges.

(2) The preseizure hearing shall be conducted within 48 hours,
excluding weekends and holidays, after receipt of the request. The
seizing agency may authorize its own officer or employee to
conduct the hearing if the hearing officer is not the same person
who requests the seizure or impoundment of the animal and is not
junior in rank to that person. The agency may utilize the services
of a hearing officer from outside the agency for the purposes of
complying with this section.

(3) Failure of the owner or keeper, or his or her agent, to request
or to attend a scheduled hearing shall result in a forfeiture of any
right to a preseizure hearing or right to challenge his or her liability
for costs incurred pursuant to this section.

(4) The hearing officer, after the hearing, may affirm or deny
the owner’s or keeper’s right to custody of the animal and, if
reasonable grounds are established, may order the seizure or
impoundment of the animal for care and treatment.

(h) (1) If any animal is properly seized or impounded, or both
seized and impounded, under this section or pursuant to a search
warrant, the owner or keeper shall be personally liable to the
seizing agency or impounding agency, or both the seizing agency
and the impounding agency, for all begin delete cost end delete begin insert costs end insert of the seizure or
impoundment, or both the seizure and impoundment, and care of
the animal, including all costs associated with the preparation and
posting of notices and sending of statements of charges in
accordance with this section.

(2) An animal lawfully seized pursuant to this section or
pursuant to a search warrant shall be deemed to be abandoned and
may be disposed of by the seizing agency if the charges for the
seizure or impoundment and any other charges permitted under
this section are not paid within 14 days of begin delete the seizure or
impoundment, end delete begin insert service of the notice of charges, end insert or if the owner,
within 14 days of notice of availability of the animal to be returned,
fails to pay charges permitted under this section and take possession
of the animal. An animal properly seized under this section or
pursuant to a search warrant shall not be returned to its owner until
the owner can demonstrate to the satisfaction of the seizing agency
or hearing officer that the owner can and will provide the necessary
care for the animal. If the animal was seized pursuant to a search
warrant, express approval of the court that issued the warrant or
adjudicated the matter shall be obtained prior to the release of the
animal.

(3) Notice of charges for the seizure, impoundment, and care
of the animal pursuant to this section shall be executed as follows:

(A) (i) If the animal is seized or impounded pursuant to
subdivision (f), a statement listing all charges that have accrued
from the time of an animal’s seizure or impoundment shall be
presented to the owner or keeper at the time of the postseizure
hearing. If no postseizure hearing is held, the statement of charges
shall be presented to the owner or keeper via personal service,
first-class mail, or electronic mail within two calendar days of the
expiration of the 10-day period during which an owner or keeper
may request a hearing specified in subparagraph (D) of paragraph
(1) of subdivision (f).

(ii) If the animal is seized or impounded following the issuance
of a preseizure notice pursuant to subdivision (g), a statement
listing all charges shall be presented to the owner or keeper via
personal service, first-class mail, or electronic mail no later than
five calendar days after the date the animal is seized or impounded.

(iii) If the animal is seized pursuant to a search warrant, a
statement listing all charges shall be presented to the owner or
keeper via personal service, first-class mail, or electronic mail no
later than five calendar days after the date the animal is seized or
impounded.

(B) If the charges are paid and the animal remains impounded,
the impounding agency shall continue to present statements of
charges to the owner or keeper on an ongoing basis via personal
service, first-class mail, or electronic mail. The statements shall
list all new charges that have accrued during the time of
impoundment since the last statement was sent or delivered. The
time period for delivery or mailing the subsequent statements shall
be at begin delete the discretion of the impounding agency, end delete begin insert least 14 days from
the date of the last statement, end insert but shall not exceed 21 days from
the date the last statement was presented.

(C) The statement of charges specified in subparagraph (A) and
any subsequent statements specified in subparagraph (B) shall
include a notice that the animal will be deemed abandoned if
charges are not paid within 14 days of service, and that payment
of fees does not guarantee the release of the animal, but does allow
the owner or keeper to retain an ownership interest in the animal.

(i)  begin delete If the animal requires veterinary care and the humane society
or public agency is not assured, within 14 days of the seizure of
the animal, that the owner will provide the necessary care, the
animal shall not be returned to its owner and shall be deemed to
have been abandoned and may be disposed of by the seizing
agency. end delete A veterinarian may humanely destroy an impounded
animal without regard to the prescribed holding period when it has
been determined that the animal has incurred severe injuries or is
incurably crippled. A veterinarian also may immediately humanely
destroy an impounded animal afflicted with a serious contagious
disease unless the owner or his or her agent immediately authorizes
treatment of the animal by a veterinarian at the expense of the
owner or agent.

(j) An animal properly seized under this section or pursuant to
a search warrant shall not be returned to its owner until the owner
can demonstrate to the satisfaction of the seizing agency or hearing
officer that the owner can and will provide the necessary care for
the animal. If the animal was seized pursuant to a search warrant,
express approval of the court that issued the warrant or adjudicated
the matter shall be obtained prior to the release of the animal.

(k) (1) Prior to the final disposition of any criminal charges,
the seizing agency or prosecuting attorney may file a petition in a
criminal action requesting that, prior to that final disposition, the
court issue an order forfeiting the animal to the city, county, or
seizing agency. The petitioner shall serve a true copy of the petition
upon the defendant and the prosecuting attorney.

(2) Upon receipt of the petition, the court shall set a hearing on
the petition. The hearing shall be conducted within 14 days after
the filing of the petition, or as soon as practicable.

(3) The petitioner shall have the burden of establishing beyond
a reasonable doubt that, even in the event of an acquittal of the
criminal charges, the owner will not legally be permitted to retain
the animal in question. If the court finds that the petitioner has met
its burden, the court shall order the immediate forfeiture of the
animal as sought by the petition.

(4) This section does not authorize a seizing agency or
prosecuting attorney to file a petition to determine an owner’s
ability to legally retain an animal pursuant to paragraph (3) of
subdivision (l) if a petition has previously been filed pursuant to
this subdivision.

(l) (1) Upon the conviction of a person charged with a violation
of this section, or Section 597 or 597a, all animals lawfully seized
and impounded with respect to the violation shall be adjudged by
the court to be forfeited and shall thereupon be transferred to the
impounding officer or appropriate public entity for proper adoption
or other disposition. A person convicted of a violation of this
section shall be personally liable to the seizing agency for all costs
of impoundment from the time of seizure to the time of proper
disposition. Upon conviction, the court shall order the convicted
person to make payment to the appropriate public entity for the
costs incurred in the housing, care, feeding, and treatment of the
seized or impounded animals. Each person convicted in connection
with a particular animal may be held jointly and severally liable
for restitution for that particular animal. The payment shall be in
addition to any other fine or sentence ordered by the court.

(2) The court may also order, as a condition of probation, that
the convicted person be prohibited from owning, possessing, caring
for, or residing with, animals of any kind, and require the convicted
person to immediately deliver all animals in his or her possession
to a designated public entity for adoption or other lawful disposition
or provide proof to the court that the person no longer has
possession, care, or control of any animals. In the event of the
acquittal or final discharge without conviction of the person
charged, if the animal is still impounded, the animal has not been
previously deemed abandoned pursuant to subdivision (h), the
court has not ordered that the animal be forfeited pursuant to
subdivision (k), the court shall, on demand, direct the release of
seized or impounded animals to the defendant upon a showing of
proof of ownership.

(3) Any questions regarding ownership shall be determined in
a separate hearing by the court where the criminal case was finally
adjudicated and the court shall hear testimony from any persons
who may assist the court in determining ownership of the animal.
If the owner is determined to be unknown or the owner is
prohibited or unable to retain possession of the animals for any
reason, the court shall order the animals to be released to the
appropriate public entity for adoption or other lawful disposition.
This section is not intended to cause the release of any animal,
bird, reptile, amphibian, or fish seized or impounded pursuant to
any other statute, ordinance, or municipal regulation. This section
shall not prohibit the seizure or impoundment of animals as
evidence as provided for under any other provision of law.

begin insert

(m) If the prosecutor’s office with jurisdiction decides not to
file criminal charges based on conduct related to the seizure or
impoundment of the animal, the prosecutor’s office shall inform
the seizing or impounding agency of that fact promptly. If the
animal is still impounded, and the animal has not been previously
deemed abandoned pursuant to subdivision (h), the seizing or
impounding agency shall, not withstanding subdivision (j), release
the seized or impounded animal to the owner upon a showing of
proof of ownership.

end insert begin delete

(m)

end delete

begin insert (n) end insert  It shall be the duty of all peace officers, humane officers,
and animal control officers to use all currently acceptable methods
of identification, both electronic and otherwise, to determine the
lawful owner or caretaker of any seized or impounded animal. It
shall also be their duty to make reasonable efforts to notify the
owner or caretaker of the whereabouts of the animal and any
procedures available for the lawful recovery of the animal and,
upon the owner’s and caretaker’s initiation of recovery procedures,
retain custody of the animal for a reasonable period of time to
allow for completion of the recovery process. Efforts to locate or
contact the owner or caretaker and communications with persons
claiming to be the owner or caretaker shall be recorded and
maintained and be made available for public inspection.

SEC. 2.  

No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
a local agency or school district has the authority to levy service
charges, fees, or assessments sufficient to pay for the program or
level of service mandated by this act, within the meaning of Section
17556 of the Government Code.